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UM/UIM Statute Makes a Motorcycle Into an Automobile\\n\\nProgressive Classic Insurance Company contested the trial court\'s entry \\nof summary judgment in favor of plaintiff. The sole question to the \\nCourt of Appeals was whether the insurer was required by statute to \\nprovide coverage for "newly acquired vehicles," such as plaintiffs \\nmotorcycle, notwithstanding an insurance policy term that excluded \\ntransportation devices with less than four wheels. The trial court \\ngranted plaintiffs motion and denied defendant\'s motion.\\n\\nIn Steven Cantu v. Progressive Classic Insurance Company, 325 Or.App. \\n184, A175784, Court of Appeals of Oregon (April 5, 2023) the Court \\ninterpreted Oregon\'s UM/UIM statute.\\n\\nFACTS\\n\\nPlaintiff was insured by defendant for three automobiles. The policy at \\nissue did not list any motorcycles on the declaration page. About eight \\ndays after purchasing a motorcycle, plaintiff was severely injured when \\nanother driver negligently made a left turn in front of plaintiff.\\n\\nAs a result of the injuries, plaintiff sought damages in excess of the \\nliability limits of the other driver. Defendant denied underinsured \\nmotorist bodily injury benefits based on specific terms of the insurance\\n policy that excluded vehicles with less than four wheels.\\n\\nThe trial court granted summary judgment to plaintiff, after concluding \\nthat the relevant definitions in the insurance policy impermissibly \\nprovided underinsured motorist benefits that are less favorable to the \\ninsured than the terms of ORS 742.504 required.\\n\\nA motorcycle, under a common understanding of the term, is a "device" \\n"upon or by which any person" "may be transported *** upon a public \\nhighway" and is not "moved by human power" or "used exclusively upon \\nstationary rails or tracks." A motorcycle is therefore a v