Establishment of Oregon Amendatory Endorsement

Effective July 1, 2016, for all new and renewing voluntary policies, there will be two endorsement changes related to employer's liability coverage. These endorsement changes will not apply to assigned risk policies until January 1, 2017.

In an effort to reverse the erosion of the workers' comp policy's exclusive remedy function, NCCI and some of its Oregon business partners collaborated to develop additional policy exclusions to the Employers Liability section of the policy, also known as Part Two or Coverage B. The result is the elimination of the Oregon Unsafe Equipment Exclusion Endorsement and the creation of a new Oregon Amendatory Endorsement.

The new endorsement incorporates the exclusion from the expiring Oregon Unsafe Equipment Exclusion Endorsement and adds several other exclusions. The new exclusions cover intentional injuries (ORS 656.156), exclusive remedy ((ORS 656.018(3)), civil negligence action for a claim denied on the basis of failure to meet major contributing cause standard (ORS 656.019), and a range of occupational health statutes that expand the negligence exclusions (ORS 654.305 through ORS 654.336).

For questions you can contact DeAnne Hoyt, underwriting technical advisor, at 503.373.8166 or deahoy@saif.com.