ORS § 744.052 — OR Code / Title 56 / Chapter 744 / Section 744.052
744.052 Definitions for ORS 744.052 to 744.089
Status: in_force

As used in ORS 744.052 (Definitions for ORS 744.052 to 744.089) to 744.089 (Report of administrative action taken against insurance producer) :

(1) “Business entity” has the meaning given that term in ORS 731.116 (“Person.”) .

(2) “Home state” means any state, district or territory of the United States, in which an insurance producer maintains the insurance producer’s principal place of residence or principal place of business and is licensed to act as an insurance producer.

(3) “Limited class credit insurance” includes but is not limited to credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, and guaranteed automobile protection insurance, and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing the credit obligation that the Director of the Department of Consumer and Business Services determines should be designated a form of limited class credit insurance.

(4) “Limited class credit insurance producer” means a person required to be licensed to sell, solicit or negotiate one or more forms of limited class credit insurance coverage to individuals through a master, corporate, group or individual policy.

(5) “Limited class insurance” includes but is not limited to credit, mortgage, automobile dealer guaranteed automobile protection and any other form of insurance designated by the director as a form of limited class insurance.

(6) “Limited class insurance producer” means a person required to be licensed to sell, solicit or negotiate one or more forms of limited class insurance coverage to individuals through a master, corporate, group or individual policy.

(7) “Negotiate,” “sell” and “solicit” have the meanings given those terms in ORS 731.104 (“Insurance producer.”) .

(8) “Terminate” means to cancel the relationship between an insurance producer and the insurer or to revoke an insurance producer’s authority to sell, solicit or negotiate insurance.

(9) “Uniform Application” means the current version of the Uniform Application for resident and nonresident insurance producer licensing, produced by the National Association of Insurance Commissioners.

(10) “Uniform Business Entity Application” means the current version of the Uniform Business Entity Application for resident and nonresident business entities, produced by the National Association of Insurance Commissioners. [2001 c.191 §2; 2003 c.364 §2]

Source: Section 744.052 — Definitions for ORS 744.052 to 744.089 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743b.104 — OR Code / Title 56 / Chapter 743b / Section 743b.104
743B.104 Coverage in group health benefit plans
Status: in_force

(1) Except in the case of a late enrollee and as otherwise provided in this section, a carrier offering a group health benefit plan to a group of two or more prospective certificate holders shall not decline to offer coverage to any eligible prospective enrollee and shall not impose different terms or conditions on the coverage, premiums or contributions of any enrollee in the group that are based on the actual or expected health status of the enrollee.

(2) A carrier that elects to discontinue offering all of its group health benefit plans under ORS 743B.105 (Requirements for group health benefit plans other than small employer plans) (5)(e), elects to discontinue renewing all such plans or elects to discontinue offering and renewing all such plans is prohibited from offering health benefit plans in the group market in this state for a period of five years from:

(a) The date of notice to the Director of the Department of Consumer and Business Services pursuant to ORS 743B.105 (Requirements for group health benefit plans other than small employer plans) (5)(e); or

(b) If notice is not provided under paragraph (a) of this subsection, the date on which the director provides notice to the carrier that the director has determined that the carrier has effectively discontinued offering group health benefit plans in this state.

(3) The Department of Consumer and Business Services may, in accordance with ORS 743B.129 (Shortening period of exclusion following discontinued offering) , shorten the period of prohibition described in subsection (2) of this section if necessary to ensure, in all geographic areas of this state, that:

(a) A competitive health insurance market exists;

(b) Group purchasers have a reasonable number of health insurance options available to them; and

(c) Consumers who purchase insurance are protected.

(4) Subsection (1) of this section applies only to group health benefit plans that are not small employer health benefit plans.

(5) Nothing in this section shall prohibit an employer from providing different group health benefit plans to various categories of employees as defined by the employer nor prohibit an employer from providing health benefit plans through different carriers so long as the employer’s categories of employees are established in a manner that does not relate to the actual or expected health status of the employees or their dependents.

(6) A multiple employer welfare arrangement, professional or trade association, or other similar arrangement established or maintained to provide benefits to a particular trade, business, profession or industry or their subsidiaries, shall not issue coverage to a group or individual that is not in the same trade, business, profession or industry or their subsidiaries as that covered by the arrangement. The arrangement shall accept all groups and individuals in the same trade, business, profession or industry or their subsidiaries that apply for coverage under the arrangement and that meet the requirements for membership in the arrangement. For purposes of this subsection, the requirements for membership in an arrangement shall not include any requirements that relate to the actual or expected health status of the prospective enrollee. [Formerly 743.752; 2017 c.206 §5]

Source: Section 743B.104 — Coverage in group health benefit plans; consideration of prospective enrollee health status restricted; effect of discontinuing offer of plans; exceptions; coverage by multiple employer welfare arrangements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743b.425 — OR Code / Title 56 / Chapter 743b / Section 743b.425
743B.425 Prohibited restrictions on coverage of treatment for opioid or opiate withdrawal and for post-exposure prophylactic antiretroviral drugs
Status: in_force

(1) An insurer offering a health benefit plan as defined in ORS 743B.005 (Definitions) may not:

(a) Require prior authorization:

(A) During the first 60 days of treatment, including medication therapy, prescribed for opioid or opiate withdrawal; or

(B) For post-exposure prophylactic antiretroviral drugs or at least one preexposure prophylactic antiretroviral drug;

(b) Restrict the reimbursement for medication therapies, preexposure prophylactic antiretroviral drugs or post-exposure prophylactic antiretroviral drugs to in-network pharmacists or pharmacies; or

(c) Subject to ORS 742.008 (Health savings account exemption from prohibition on deductible) , require a deductible, copayment, coinsurance or other cost-sharing for the coverage of human immunodeficiency virus post-exposure prophylactic drugs or therapies prescribed following a possible exposure to human immunodeficiency virus.

(2) This section is not subject to ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) .

(3) This section does not prohibit prior authorization for opioids or opiates prescribed for purposes other than medication therapy or treatment of opioid or opiate abuse or addiction.

(4) Subsection (1)(b) of this section does not apply to a health maintenance organization as defined in ORS 750.005 (Definitions) . [2017 c.683 §4; 2021 c.365 §5; 2023 c.411 §3]

Note: 743B.425 (Prohibited restrictions on coverage of treatment for opioid or opiate withdrawal and for post-exposure prophylactic antiretroviral drugs) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743B or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743B.425 — Prohibited restrictions on coverage of treatment for opioid or opiate withdrawal and for post-exposure prophylactic antiretroviral drugs; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 744.515 — OR Code / Title 56 / Chapter 744 / Section 744.515
744.515 Exemptions from adjuster licensing requirement
Status: in_force

(1) As used in this section:

(a) “Automated claims adjudication system” means a preprogrammed computer system that a licensee or licensed insurance producer, or a person under a licensee’s or licensed insurance producer’s supervision, uses to collect, enter data concerning, calculate and finally resolve a portable electronics insurance claim and that complies with all requirements of the Insurance Code.

(b) Intentionally left blank —Ed.

(A) “Portable electronics insurance” means insurance that covers repairing or replacing a portable electronic device or accessories and services related to using a portable electronic device upon a loss, theft, mechanical failure, malfunction, damage or other peril.

(B) “Portable electronics insurance” does not include:

(i) A service contract, as described in ORS 646A.154 (Service contract defined) , that is subject to the provisions of ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules) ;

(ii) A warranty;

(iii) A maintenance agreement, as defined in ORS 646A.152 (Definitions for ORS 646A.150 to 646A.172) ; or

(iv) Insurance that covers a vendor’s or manufacturer’s obligations under a warranty.

(2) The requirement under ORS 744.505 (Adjuster license required) to obtain a license to engage in business as an adjuster does not apply:

(a) To a licensed resident insurance producer or a person that an authorized insurer employs and authorizes in writing to adjust losses under the insurer’s policies that insure domestic risks;

(b) For a period during which a person adjusts one loss before obtaining the license, if the person applies for the license within two days after beginning the adjustment and in all other respects complies with the provisions of this chapter that govern adjusters;

(c) To a person that obtains and holds a temporary permit under ORS 744.555 (Temporary adjuster permit) , if the person obtains the permit within five days after a deployment to adjust claims that arise from a declared catastrophe and the person performs only actions that are authorized under ORS 744.555 (Temporary adjuster permit) ;

(d) To an average adjuster or adjuster of maritime losses when adjusting maritime losses;

(e) To an individual who performs or provides repair or replacement services under home protection insurance;

(f) To an individual who collects or provides claim information from or to an insured or claimant and who enters data into an automated claims adjudication system, if a licensee or an affiliate of a licensee employs the individual and does not supervise or allow an insurance producer to supervise more than 25 individuals who collect or provide claim information and enter data into an automated claims adjudication system;

(g) To an insurance producer during a period in which the insurance producer supervises an individual described in paragraph (f) of this subsection;

(h) To a person that provides, without compensation, an estimate, investigation or report by or on behalf of a principal;

(i) To a person that provides to an insurer or an insured a valuation or estimate that is not connected to a claim;

(j) To a person that provides, without compensation, an estimate for repairs that the person will perform, even if the person receives compensation for the repairs under the claim; or

(k) To an attorney-at-law that renders services while performing duties as an attorney-at-law. [1967 c.359 §560; 1971 c.231 §33; 1981 c.247 §19; 1983 c.76 §11; 1989 c.701 §44; 2003 c.364 §122; 2011 c.408 §1; 2019 c.151 §25]

Source: Section 744.515 — Exemptions from adjuster licensing requirement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 746.035 — OR Code / Title 56 / Chapter 746 / Section 746.035
746.035 Inducements not specified in policy
Status: in_force

Except as otherwise expressly provided by the Insurance Code, no person shall permit, offer to make or make any contract of insurance, or agreement as to such contract, unless all agreements or understandings by way of inducement are plainly expressed in the policy issued thereon. [1967 c.359 §570]

Source: Section 746.035 — Inducements not specified in policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 743.177 — OR Code / Title 56 / Chapter 743 / Section 743.177
743.177 Statements of insured
Status: in_force

A life insurance policy shall contain a provision that all statements made by or on behalf of the insured shall, in the absence of fraud, be deemed representations and not warranties, and that no such statement shall be used in defense of a claim under the policy unless contained in a written application and unless a copy of such application is indorsed upon or attached to the policy when issued. [1967 c.359 §381]

Source: Section 743.177 — Statements of insured , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.216 — OR Code / Title 56 / Chapter 731 / Section 731.216
731.216 Administrative power of director
Status: in_force

The Director of the Department of Consumer and Business Services shall have the power to:

(1) Contract for and procure, on a fee or part-time basis, or both, such actuarial, technical or other professional services as may be required for the discharge of duties.

(2) Obtain such other services as the director considers necessary or desirable, including participation in organizations of state insurance supervisory officials and appointment of advisory committees. A member of an advisory committee so appointed shall receive no compensation for services as a member, but, subject to any other applicable law regulating travel and other expenses of state officers, shall receive actual and necessary travel and other expenses incurred in the performance of official duties.

(3) Establish within the Department of Consumer and Business Services a workers’ compensation rating bureau to provide rating information that is based upon and relevant to activities conducted in this state, to enable the director to carry out the provisions of ORS chapter 737. In lieu of creating a rating bureau within the department, the director may contract with any rating organization in other states if the director finds that such a contract would provide the information required by this section. [Formerly 736.503; 1987 c.373 §77; 1987 c.884 §50; 2003 c.14 §445]

Source: Section 731.216 — Administrative power of director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 731.052 — OR Code / Title 56 / Chapter 731 / Section 731.052
731.052 Insurance Code definitions
Status: in_force

Except where the context otherwise requires, the definitions given in the Insurance Code govern its construction. [1967 c.359 §11]

Source: Section 731.052 — Insurance Code definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 748.316 — OR Code / Title 56 / Chapter 748 / Section 748.316
748.316 Payments for group benefits
Status: in_force

(1) The monthly or other payments to be made to the society on or for any group benefit certificate may be made by the employer, or by the employer and employees jointly, or as provided in the contract.

(2) When the payments are made by the employer and the employees jointly and the benefits under the group certificate are offered to all eligible employees of the employer, not less than 75 percent of the employees must be included under the group certificate. [1987 c.490 §38]

Source: Section 748.316 — Payments for group benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 743.543 — OR Code / Title 56 / Chapter 743 / Section 743.543
743.543 Payment of benefits under blanket health insurance policies
Status: in_force

All benefits under a blanket health insurance policy shall be payable to the person insured, or to the designated beneficiary or beneficiaries of the person, or to the estate of the person, except that if the person insured is a minor or otherwise not competent to give a valid release, such benefits may be made payable to the parent, guardian or other person actually supporting the person. However, the policy may provide that all or a portion of any indemnities provided by such policy on account of hospital, nursing, medical or surgical services may, at the option of the insurer and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but the policy may not require that the services be rendered by a particular hospital or person. Payment so made shall discharge the obligation of the insurer with respect to the amount of insurance so paid. [1967 c.359 §468]

Source: Section 743.543 — Payment of benefits under blanket health insurance policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743a.141 — OR Code / Title 56 / Chapter 743a / Section 743a.141
743A.141 Hearing aids and assistive listening devices
Status: in_force

(1) As used in this section:

(a) “Assistive listening device” means devices used with or without hearing aids or cochlear implants to provide access to sound or improve the ability of a user with hearing loss to hear in various listening situations, such as being located a distance from a speaker, in an environment with competing background noise or in a room with poor acoustics or reverberation.

(b) “Hearing aid” means any nondisposable, wearable instrument or device designed to aid or compensate for impaired human hearing and any necessary ear mold, part, attachments or accessory for the instrument or device, except batteries and cords.

(2) A health benefit plan, as defined in ORS 743B.005 (Definitions) , shall provide payment, coverage or reimbursement for:

(a) One hearing aid per hearing impaired ear if:

(A) Prescribed, fitted and dispensed by a licensed audiologist with the approval of a licensed physician; and

(B) Medically necessary for the treatment of hearing loss in an enrollee in the plan who is:

(i) 18 years of age or younger; or

(ii) 19 to 25 years of age and enrolled in a secondary school or an accredited educational institution.

(b) Ear molds and replacement ear molds:

(A) As medically necessary and at least four times per plan year for enrollees who are younger than eight years of age; and

(B) As medically necessary and at least once per year for enrollees who are:

(i) Eight to 18 years of age; or

(ii) 19 to 25 years of age and enrolled in a secondary school or an accredited educational institution.

(c) One box of replacement batteries per year for each hearing aid.

(d) Necessary diagnostic and treatment services at least twice per year for enrollees who are younger than four years of age and at least once per year for enrollees who are four years of age or older, including:

(A) Hearing tests appropriate for an enrollee’s age or developmental need;

(B) Hearing aid checks and conformity evaluations; and

(C) Aided testing.

(e) Bone conduction sound processors, if necessary for appropriate amplification of the hearing loss.

(f) Assistive listening devices for an enrollee who is younger than 19 years of age, if necessary to provide access to sound and provide appropriate amplification of the hearing loss.

(g) Other components required for a hearing device to function properly and effectively, including but not limited to:

(A) Bone-conducting sound processor headbands; and

(B) Prosthetic device parts.

(h) The cost of repair or replacement parts for a hearing aid or other assistive listening device if the repair or parts are not covered by a warranty and are necessary for the device to be functional for the user, regardless of the age of the user.

(3) An insurer may not impose any financial or contractual penalty upon an audiologist if an enrollee elects to purchase a hearing aid or other device priced higher than the benefit amount by paying the difference between the benefit amount and the price of the hearing aid or other device.

(4) A health benefit plan shall provide the benefits described in subsection (2)(a), (e) and (f) of this section:

(a) Every 36 months; or

(b) For hearing aids, more frequently than every 36 months if modifications to an existing hearing aid will not meet the needs of an enrollee who is:

(A) Under 19 years of age; or

(B) 19 to 25 years of age and enrolled in a secondary school or an accredited educational institution.

(5) An insurer must contract with pediatric audiologists in sufficient numbers and geographic locations in this state to comply with ORS 743B.202 (Requirements for insurers offering managed health or preferred provider organization insurance) and 743B.505 (Provider networks) .

(6) Insurance producers shall ensure that enrollees have access to navigators or other assisters to facilitate the diagnosis of hearing loss and needed amplification and ensure that technologies are available to treat hearing loss in enrollees who are 19 years of age or younger. Upon receiving a claim for reimbursement for the diagnosis of hearing loss, an insurer shall provide notice of the coverage limits to the enrollee or to the parent or legal guardian of the enrollee. With respect to enrollees with hearing loss who are younger than 19 years of age, an insurer shall provide educational materials to the parent or legal guardian of the enrollee and shall have a process in place to ensure that appropriate technologies are available.

(7) The payment, coverage or reimbursement required under this section may be subject to provisions of the health benefit plan that apply to other durable medical equipment benefits covered by the plan, including but not limited to provisions relating to coinsurance and prior authorization, but may not be subject to deductibles except as provided in ORS 742.008 (Health savings account exemption from prohibition on deductible) .

(8) A health benefit plan shall reimburse the costs described in this section when prescribed by a licensed health professional even if over-the-counter items and services are available without a prescription.

(9) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [2009 c.553 §2; 2011 c.500 §42a; 2015 c.515 §26; 2018 c.9 §2; 2023 c.424 §4]

Note: 743A.141 (Hearing aids and assistive listening devices) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743A.141 — Hearing aids and assistive listening devices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 744.644 — OR Code / Title 56 / Chapter 744 / Section 744.644
744.644 Prohibited conduct
Status: in_force

(1) A licensee or an applicant for a license to engage in business as an insurance consultant may not:

(a) Act in an incompetent or untrustworthy manner.

(b) Falsify or act dishonestly with respect to an application for a license or an amendment to the license or with respect to an examination related to obtaining, renewing or reinstating a license.

(c) Misappropriate, withhold illegally or convert to the applicant’s or licensee’s own use any money or property that belongs to or that the applicant or licensee receives from a policyholder, insurer, beneficiary or other person while the applicant or licensee engages in business as an insurance consultant or otherwise transacts insurance in this state.

(d) Commit an offense that results in a conviction in any United States jurisdiction for any felony or a misdemeanor that involves fraud, dishonesty or a breach of trust. For the purpose of this paragraph, the record of a conviction is conclusive evidence of the conviction.

(e) Materially misrepresent the terms of an insurance policy or proposed insurance policy.

(f) Engage in a fraudulent or dishonest practice in the course of transacting insurance or cause injury or loss to the public because the applicant or licensee is incompetent or untrustworthy.

(g) Fail to pay a fee or charge or a civil penalty that the Director of the Department of Consumer and Business Services has assessed and that has become final after appeal or by operation of law.

(h) Effect insurance on the applicant or licensee’s property or against the applicant’s or licensee’s liability.

(i) Commit an act that results in another jurisdiction’s canceling, suspending, revoking or refusing to renew a license or other evidence of authority to act as an adjuster, an insurance consultant or an insurance producer. For the purpose of this paragraph, the record of the cancellation, suspension, revocation or refusal is conclusive evidence of the cancellation, suspension, revocation or refusal.

(j) Commit an act that results in a state or federal agency canceling, suspending, revoking or refusing to renew a license to practice law or a license that authorizes the applicant or licensee to engage in business under another regulatory authority if the cancellation, suspension, revocation or refusal related to the business of an adjuster, insurance consultant or insurance producer or if the act involved dishonesty, fraud or deception. For the purpose of this paragraph, the record of the cancellation, suspension, revocation or refusal is conclusive evidence of the cancellation, suspension, revocation or refusal.

(k) Fail to comply with continuing education requirements that apply to the license or to a category of insurance business or class of insurance, unless the director has waived the requirements.

(L) Act dishonestly, fraudulently or deceptively in a business that is not related to engaging in business as an adjuster, an insurance consultant or an insurance producer.

(m) Fail to comply with an administrative or court order that imposes a child support obligation.

(n) Fail to pay state income tax or to comply with an administrative or court order that directs the applicant or licensee to pay state income tax that remains unpaid.

(o) Evade a provision of ORS chapter 746 or violate or fail to comply with an applicable provision of the Insurance Code.

(2) Intentionally left blank —Ed.

(a) If a licensee or an applicant for a license to engage in business as an insurance consultant engages in an action or practice prohibited under subsection (1) of this section, the director by order or otherwise may:

(A) Refuse to issue a license to an applicant to engage in business as an insurance consultant;

(B) Suspend, revoke or refuse to renew a licensee’s license;

(C) Suspend or revoke a licensee’s authority to transact a category of insurance business or class of insurance; or

(D) Refuse to authorize an applicant or licensee to transact a category of insurance business or class of insurance.

(b) Before taking a disciplinary action against a licensee under paragraph (a) of this subsection, the director shall notify the licensee and offer the licensee an opportunity for a hearing in accordance with ORS chapter 183.

(3) The Director of the Department of Consumer and Business Services may take a disciplinary action described in subsection (2) of this section if the director finds that:

(a) A director, member or officer of a licensee that is a business entity, or another person that directly or indirectly has the power to direct the management, control or activities of the business entity, engaged in an action prohibited under subsection (1) of this section; or

(b) The Director of the Department of Consumer and Business Services erred in approving, issuing, renewing or reinstating a license under ORS 744.614 (Powers of director to issue, renew, amend, suspend and reinstate licenses) .

(4) Intentionally left blank —Ed.

(a) For a violation of a prohibition described in subsection (1) of this section and in lieu of taking a disciplinary action against a licensee under subsection (2) of this section, the director may set a period of probation with respect to a license to engage in business as an insurance consultant or with respect to an authorization to engage in any category of insurance business or class of insurance. In setting the probationary period, the director shall specify conditions that a licensee must meet in order to end the probationary period.

(b) The director may set the probationary period to begin at the time the director issues, renews, amends or reinstates a license or adds a category of insurance business or class of insurance to the license.

(c) Before setting a period of probation for a licensee under paragraph (a) of this subsection, the director shall notify the licensee and offer the licensee an opportunity for a hearing in accordance with ORS chapter 183.

(d) During any probationary period, the director may take any disciplinary action described in subsection (2) of this section. [2019 c.151 §17]

Source: Section 744.644 — Prohibited conduct; penalties and disciplinary action; hearings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 750.645 — OR Code / Title 56 / Chapter 750 / Section 750.645
750.645 Annual report
Status: in_force

(1) Each organization shall provide annually to the Director of the Department of Consumer and Business Services in as much detail as the director may require:

(a) A verified financial statement detailing the legal expense organization’s assets, liabilities, unearned premium reserve, loss records and such other items as the director may require so long as such reporting does not violate or conflict with the attorney-client privilege recognized under the laws of the State of Oregon; and

(b) A list of the names and addresses of the organization’s providing attorneys.

(2) Every legal expense organization shall submit to the director the names of its sales and marketing representatives and their addresses not later than January 1 and July 1 of each year. [1989 c.331 §§17,18]

Source: Section 750.645 — Annual report; content; names of sales and marketing representatives to be submitted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 735.335 — OR Code / Title 56 / Chapter 735 / Section 735.335
735.335 Purchase of insurance by purchasing group
Status: in_force

A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed insurance producer acting pursuant to the surplus lines laws and regulations of that state. [1987 c.774 §105; 2003 c.364 §93]

Source: Section 735.335 — Purchase of insurance by purchasing group , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 742.246 — OR Code / Title 56 / Chapter 742 / Section 742.246
742.246 Other fire insurance policy provisions permitted
Status: in_force

(1) A fire insurer may add to the provisions required by ORS 742.202 (Standard fire insurance policy) other conditions, provisions and agreements not in conflict with law or contrary to public policy.

(2) Any provision restricting or abridging the rights of the insured under the policy must be preceded by a sufficiently explanatory title printed or written in type not smaller than eight-point capital letters.

(3) This section applies only to standard fire insurance policies as described in ORS 742.202 (Standard fire insurance policy) and does not apply to any other insurance policies. [Formerly 744.130 and then 743.669; 2001 c.85 §2]

Source: Section 742.246 — Other fire insurance policy provisions permitted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 732.025 — OR Code / Title 56 / Chapter 732 / Section 732.025
732.025 Application for permit to organize stock insurer
Status: in_force

Any person or persons desiring to organize a domestic stock insurer shall, as prospective incorporators, first file an application with the Director of the Department of Consumer and Business Services for a permit to organize such an insurer. The applicants shall pay the applicable fee to the director at the time the application is filed. The application shall be on forms provided by the director, shall be signed by the applicants and verified. The form shall specify information with regard to the following:

(1) The class or classes of insurance to be transacted.

(2) The full names and addresses of each person who will own or control, directly or indirectly, 10 percent or more of the stock.

(3) The full name and residence address of each person associated or to be associated in the formation, organization, operation, management, stock underwriting or financing of the insurer.

(4) Full disclosure of the terms of all pertinent agreements and understandings existing or proposed among and between such persons so associated. A copy of all such agreements and understandings shall be filed with the application.

(5) The full name and residence address of the proposed directors and officers, including information regarding the character, financial responsibility, business ability and experience in the business of insurance or businesses related thereto, of each.

(6) The proposed capitalization, the plan of financing and for solicitation of stock, and a summary of the plan of operation, including types of policies to be issued.

(7) Such additional information, including but not limited to financial data, actuarial projections and copies of proposed policies, which the director may by rule or otherwise require. [1967 c.359 §148; 1989 c.413 §7; 1991 c.401 §4]

Source: Section 732.025 — Application for permit to organize stock insurer; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 732.576 — OR Code / Title 56 / Chapter 732 / Section 732.576
732.576 Dividends and distributions
Status: in_force

(1) This section applies to dividends and other distributions within an insurance holding company system.

(2) Intentionally left blank —Ed.

(a) A domestic insurer subject to registration may not pay or make any extraordinary dividend or distribution to the domestic insurer’s shareholders either until 30 days after the Director of the Department of Consumer and Business Services has received notice of the declaration of the dividend or distribution, if the director has not disapproved the payment within the 30-day period, or until the date on which the director approves the payment if approval occurs within the 30-day period.

(b) For purposes of this section:

(A) “Extraordinary dividend or distribution” includes any dividend or distribution of cash or other property the fair market value of which, together with that of other dividends or distributions made within the period of 12 consecutive months ending on the date on which the proposed dividend or other distribution is scheduled to be paid or made, exceeds the greater of:

(i) Ten percent of the combined capital and surplus of the insurer as of the 31st day of December immediately preceding; or

(ii) The net gain from operations of the insurer after dividends to policyholders and federal income taxes and before realized capital gains or losses, if the insurer is authorized to transact life insurance, or the net income, if the insurer is not authorized to transact life insurance, for the 12-month period ending the 31st day of December immediately preceding.

(B) “Extraordinary dividend or distribution” does not include pro rata distributions of any class of the insurer’s own securities.

(3) Intentionally left blank —Ed.

(a) Except as provided in this subsection, a domestic insurer may declare or pay dividends to shareholders only from earned surplus. A domestic insurer may declare a dividend from other than earned surplus only if the director approves the declaration prior to payment of the dividend.

(b) For purposes of this subsection, “earned surplus” does not include surplus arising from unrealized capital gains or revaluation of assets.

(4) An insurer may declare an extraordinary dividend or distribution that is conditional upon the director’s approval of the dividend or distribution. The declaration confers no rights upon shareholders until the date on which the director approves the payment of the dividend or distribution, or until 30 days after the director received notice of the declaration of the dividend or distribution under subsection (2) of this section if the director does not disapprove the payment within the 30-day period.

(5) An insurer other than a life insurer, in determining whether a dividend or distribution is an extraordinary dividend or distribution, may carry forward net income from the previous two calendar years that the insurer has not already paid out as dividends. The insurer shall calculate the amount of the net income the insurer may carry forward by taking the insurer’s net income from the second and third preceding calendar years, not including realized capital gains, less dividends the insurer paid in the second and immediately preceding calendar years. [1993 c.447 §48; 2013 c.370 §27]

Source: Section 732.576 — Dividends and distributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 732.325 — OR Code / Title 56 / Chapter 732 / Section 732.325
732.325 Certain transactions and compensation between insurers and directors, trustees, officers, agents or employees prohibited
Status: in_force

(1) Except as set forth in a statement of acquisition described in ORS 732.523 (Procedure for acquiring controlling interest of capital stock) and, in the case of the issuance or sale of the insurer’s securities, as approved by a majority of the board of directors having no interest therein except as shareholders or directors or failing such majority by the shareholders, a director, trustee, officer, agent or employee, or spouse or relative thereof, shall not receive any fee, commission, compensation or other valuable consideration whatsoever, directly or indirectly, for aiding, promoting or assisting:

(a) The planning, preparing or executing of an activity described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) (1); or

(b) The planning, preparing or executing of any plan for the issuance, sale or acquisition of shares or other securities of the insurer for any purpose.

(2) Except as provided in subsections (4) and (5) of this section, a director, trustee or officer of an insurer shall not:

(a) Accept any money or thing of value for negotiating, procuring, recommending or aiding in:

(A) The purchase or sale of property by the insurer; or

(B) The making of a loan to or from the insurer.

(b) Have a pecuniary interest, whether as principal, agent or beneficiary, in a purchase, sale or loan under paragraph (a) of this subsection.

(3) Except as provided in subsections (4) and (5) of this section, an insurer shall not do any of the following:

(a) Pay any money or thing of value to a director, trustee or officer of the insurer for negotiating, procuring, recommending or aiding in:

(A) The purchase or sale of property by the insurer; or

(B) The making of a loan to or from the insurer.

(b) Make a loan to a director, trustee or officer of the insurer.

(c) Make any advances to a director, trustee or officer of the insurer for future services to be performed.

(d) Guarantee any financial obligations of a director, trustee or officer of the insurer. The prohibition under this paragraph does not apply to any guarantee of payments to be made upon death of a person insured under a credit life insurance policy.

(4) An insurer may contract, or otherwise enter into a transaction, for the provision of goods or services to the insurer in the normal course of business with a director, trustee or officer, or a partnership or corporation in which a director, trustee or officer has, directly or indirectly, a proprietary interest in excess of five percent, if the interest of the director, trustee or officer is fully disclosed to the board of directors of the insurer and the board thereafter approves and authorizes the contract or transaction by a vote sufficient for the purpose without counting the vote of the interested person.

(5) The prohibitions set forth in this section shall not apply to or affect:

(a) The payment to any director, officer or trustee of reasonable compensation, whether based in whole or in part upon commission or otherwise;

(b) The payment of a fee to any approved person for legal or other specialized or professional services rendered to the insurer and approved by the board of directors;

(c) The making of loans or advances to agents or other employees of an insurer as required or as is expedient in the conduct of its business;

(d) The exercising of any rights under any policy of insurance;

(e) The issuance of a debt obligation by an insurer to a director, officer or trustee of the insurer; and

(f) The advance of expenses to a director, officer or trustee for travel or other related business activities of the insurer. [1967 c.359 §178; 1971 c.231 §17; 1983 c.498 §20; 1989 c.425 §1; 1993 c.447 §109]

SHARES, SHAREHOLDERS AND MEMBERS

Source: Section 732.325 — Certain transactions and compensation between insurers and directors, trustees, officers, agents or employees prohibited; other prohibited conduct , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 746.270 — OR Code / Title 56 / Chapter 746 / Section 746.270
746.270 Use of past investment or predicted future investment experience in sale of variable life insurance policies
Status: in_force

No person shall make or use in the offer or sale of a variable life insurance policy any illustrations of benefits payable that include projections of past investment experience into the future or predictions of future investment experience. This section is not intended to prohibit use of hypothetical assumed rates of investment return to illustrate possible levels of benefits. [1973 c.435 §26]

Source: Section 746.270 — Use of past investment or predicted future investment experience in sale of variable life insurance policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 742.051 — OR Code / Title 56 / Chapter 742 / Section 742.051
742.051 Renewal by certificate
Status: in_force

Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer, if renewed or extended upon a currently authorized policy form at the premium rate then required therefor, for a specific additional period or periods by certificate or by indorsement of the policy, without requiring the issuance of a new policy. [Formerly 743.081]

Source: Section 742.051 — Renewal by certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 750.505 — OR Code / Title 56 / Chapter 750 / Section 750.505
750.505 Definitions for ORS 750.505 to 750.715
Status: in_force

As used in ORS 750.505 (Definitions for ORS 750.505 to 750.715) to 750.715 (Rules) :

(1) Intentionally left blank —Ed.

(a) “Administration fee” means a nominal fee that:

(A) A legal access provider pays to an attorney;

(B) Is not more than $6 per month for each of the legal access provider’s customers, or a greater amount that the Director of the Department of Consumer and Business Services specifies by rule; and

(C) Covers overhead and administrative expenses that the attorney incurs in providing legal consultations or other legal services to a legal access provider’s customers.

(b) “Administration fee” does not include fees, charges or other compensation that an attorney charges to the attorney’s client for legal services or a reimbursement that a legal expense organization provides under a legal expense plan.

(2) “Legal access provider” means a person that charges a fee to a customer for the purpose of providing the customer with access to legal consultations and other legal services and that pays an administration fee to an attorney.

(3) Intentionally left blank —Ed.

(a) “Legal expense organization” or “organization” means a person or group of persons that provide or offer to provide a legal expense plan, including a person that acts as the legal expense plan’s administrator.

(b) “Legal expense organization” or “organization” does not include a legal access provider.

(4) “Legal expense plan” or “plan” means an agreement between an organization and a person or a group of persons under which the organization, in return for a specified payment as consideration, reimburses the person or group of persons as members of the plan for charges the person or group of persons incurs for legal services.

(5) “Member” means a person who is eligible to receive legal services under a legal expense plan.

(6) “Membership agreement” means written evidence of coverage of a member under a plan between an organization and members.

(7) “Provider agreement” means a written contract or agreement between an organization and a providing attorney for rendering legal services to a member or group of persons.

(8) “Providing attorney” means any attorney licensed and in good standing in this state who provides legal services in accordance with a membership agreement or a provider agreement.

(9) “Sales or marketing representative” means a person who markets or solicits members for or on behalf of a plan. [1989 c.331 §2; 2015 c.504 §1]

Source: Section 750.505 — Definitions for ORS 750.505 to 750.715 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 743.234 — OR Code / Title 56 / Chapter 743 / Section 743.234
743.234 “Charter policy” or “founders policy” defined
Status: in_force

“Charter policy” or “founders policy” means:

(1) A life insurance policy which by its terms expressly provides that the policyholder will receive some preferential or discriminatory advantage or benefit not available to persons who purchase insurance from the insurer at future dates or under other circumstances; or

(2) A life insurance policy the provisions of which, through sales material or oral presentations, are interpreted by the insurer to prospective policyholders as entitling the policyholder to the benefits described in subsection (1) of this section. [Formerly 739.710]

Source: Section 743.234 — “Charter policy” or “founders policy” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 742.490 — OR Code / Title 56 / Chapter 742 / Section 742.490
742.490 Premium reduction
Status: in_force

(1) Any rate, rating plan or rating system filed with the Director of the Department of Consumer and Business Services for a motor vehicle insurance policy offering liability, personal injury protection or collision coverage, shall provide an appropriate reduction in premium charges for such coverage if:

(a) The principal operator of the covered vehicle is an insured 55 years of age or older.

(b) The principal operator of the covered vehicle has successfully completed, within the appropriate time as specified in this subsection, a motor vehicle accident prevention course approved by the Department of Transportation. To meet the requirements of this subsection, a course must be completed no more than three years prior to the beginning of the policy period for which the discounted rate applies if the person is less than 70 years of age at the time of taking the course or no more than two years prior to the beginning of the policy period for which the discounted rate applies if the person is 70 years of age or more at the time of taking the course.

(c) There are no persons under 25 years of age who regularly operate the vehicle.

(d) The vehicle is not classified for underwriting purposes as used for a business.

(2) If the person qualifying for a premium reduction under subsection (1) of this section is the principal operator of two or more vehicles, the premium discount shall apply to only one vehicle. No more than one premium discount may be applied to one vehicle. [1989 c.379 §§2,4]

Source: Section 742.490 — Premium reduction; conditions; application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 748.509 — OR Code / Title 56 / Chapter 748 / Section 748.509
748.509 Validity of petition for injunction
Status: in_force

No application or petition for injunction against any domestic, foreign or alien society, or lodge thereof, shall be recognized in any court of this state unless made by the Attorney General upon request of the Director of the Department of Consumer and Business Services. [1987 c.490 §33]

EXEMPTIONS; RELATION TO OTHER LAW

Source: Section 748.509 — Validity of petition for injunction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 732.650 — OR Code / Title 56 / Chapter 732 / Section 732.650
732.650 Definitions
Status: in_force

As used in ORS 732.650 (Definitions) to 732.689 (Retention of consultant to assist director’s review of corporate governance annual disclosure) :

(1) “Corporate governance annual disclosure” means a report that an insurer or insurance group files with the Director of the Department of Consumer and Business Services in accordance with ORS 732.680 (Submission of corporate governance annual disclosure) and 732.683 (Discretion as to form and content of responses to inquiries in corporate governance annual disclosure) .

(2) “Insurance group” means insurers and affiliates within an insurance holding company system, as defined in ORS 732.548 (Definitions for ORS 732.517 to 732.596) .

(3) “Insurer” has the meaning given that term in ORS 732.548 (Definitions for ORS 732.517 to 732.596) .

(4) “Own risk and solvency assessment” means a confidential internal assessment of the material and relevant risks associated with an insurer’s or insurance group’s business plan and of the sufficiency of capital resources to support the business plan that the insurer or insurance group conducts and that is appropriate for the nature, scale and complexity of the insurer or insurance group.

(5) “Own Risk and Solvency Assessment Guidance Manual” means the Own Risk and Solvency Assessment Guidance Manual that the National Association of Insurance Commissioners develops and adopts and that the Director of the Department of Consumer and Business Services by rule or order designates as guidance and standards for completing an own risk and solvency assessment.

(6) “Own risk and solvency assessment summary report” means a confidential high-level summary of an insurer’s or insurance group’s own risk and solvency assessment. [2015 c.547 §2; 2017 c.479 §14]

Note: 732.650 (Definitions) to 732.689 (Retention of consultant to assist director’s review of corporate governance annual disclosure) were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 732 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 732.650 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 744.738 — OR Code / Title 56 / Chapter 744 / Section 744.738
744.738 Annual report
Status: in_force

(1) Each third party administrator shall file an annual report for the preceding calendar year with the Director of the Department of Consumer and Business Services on or before March 1 of each year, or within such extension of time therefor as the director may grant. The report shall be in the form and contain such information as the director prescribes and shall be verified by at least two officers of the third party administrator if the third party administrator is a corporation, and by two partners if the third party administrator is a partnership.

(2) The annual report shall include the complete names and addresses of all insurers with which the third party administrator had an agreement during the preceding fiscal year. [1991 c.812 §21]

Source: Section 744.738 — Annual report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 735.240 — OR Code / Title 56 / Chapter 735 / Section 735.240
735.240 Annual statement
Status: in_force

The joint underwriting association shall file an annual statement prepared by an independent certified public accountant containing a financial statement, a summary of its transactions and operations for the prior year and other information as prescribed by the Director of the Department of Consumer and Business Services by rule. [1987 c.774 §81]

Source: Section 735.240 — Annual statement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 744.581 — OR Code / Title 56 / Chapter 744 / Section 744.581
744.581 Notices required
Status: in_force

(1) Intentionally left blank —Ed.

(a) A licensee shall notify the Director of the Department of Consumer and Business Services not later than 30 days after:

(A) The licensee opens or closes a place of business in this state or changes the location or contact information for the licensee’s residence or any of the licensee’s places of business in this state;

(B) The licensee begins or stops using or changes an assumed business name under which the licensee engages in business as an adjuster;

(C) A government agency or regulator in this or another state has taken a final action against the licensee;

(D) The licensee receives notice of an initiation or prosecution of criminal charges against the licensee in any United States jurisdiction for any felony or a misdemeanor that involves fraud, dishonesty or a breach of trust; or

(E) The licensee’s authority to act for a business entity begins or terminates.

(b) In the notice a licensee submits under paragraph (a) of this subsection, the licensee shall:

(A) Update any information that has changed from the time the licensee submitted an application for a license or submitted a previous notice under this section; and

(B) Include any relevant documents that describe, support, are evidence of or otherwise illustrate the contents of the notice, including but not limited to copies of complaints, informations or indictments, motions, orders, consents and consent decrees, judgments and any other relevant records or legal documents.

(2) Not later than December 31 of each year, a licensee that is a business entity shall notify the director of any change during the previous calendar year in the licensee’s directors, members or officers, or other persons that own, directly or indirectly, more than 10 percent of any class of equity security of the licensee.

(3) The director by rule may establish a different period within which a licensee must notify the director under subsection (1) or (2) of this section. [2019 c.151 §9]

Source: Section 744.581 — Notices required; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 744.631 — OR Code / Title 56 / Chapter 744 / Section 744.631
744.631 Change of circumstance of nonresident insurance consultant
Status: in_force

(1) A nonresident insurance consultant may not engage in business as an insurance consultant in this state if the insurance consultant no longer holds a valid license as an insurance consultant in the state or province in which the insurance consultant resides. If the insurance consultant’s license in the state in which the insurance consultant resides is reinstated and has not expired, the insurance consultant may apply to the Director of the Department of Consumer and Business Services for reinstatement as a licensee.

(2) A nonresident insurance consultant who establishes residence in this state may not engage in business as an insurance consultant in this state under a nonresident license after the 30th day after the insurance consultant establishes the residence. An insurance consultant who is a resident may thereafter engage in business as an insurance consultant in this state only after becoming a resident licensee.

(3) A nonresident insurance consultant who changes residence to another state or to a province shall notify the director not later than 30 days after the change. [1989 c.701 §61; 1995 c.639 §7; 2019 c.151 §35]

Source: Section 744.631 — Change of circumstance of nonresident insurance consultant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 742.518 — OR Code / Title 56 / Chapter 742 / Section 742.518
742.518 Definitions for ORS 742.518 to 742.542
Status: in_force

As used in ORS 742.518 (Definitions for ORS 742.518 to 742.542) to 742.542 (Effect of personal injury protection benefits paid) :

(1) “Evaluation services” means physical examinations or reviews of medical records of beneficiaries conducted at the request of an insurer by either an employee of the insurer or a third-party medical record or bill review service to determine whether the provision or continuation of medical services is necessary or reasonable.

(2) “Managed care services” means any system of health care delivery that attempts to control or coordinate use of health care services in order to contain health care expenditures or improve quality of health care services.

(3) “Motor vehicle” means a self-propelled land motor vehicle or trailer, other than:

(a) A farm-type tractor or other self-propelled equipment designed for use principally off public roads, while not upon public roads;

(b) A vehicle operated on rails or crawler-treads; or

(c) A vehicle located for use as a residence or premises.

(4) “Motorcycle” and “moped” have the meanings given those terms in ORS 801.345 (“Moped.”) and 801.365 (“Motorcycle.”) .

(5) “Occupying” means in, or upon, or entering into or alighting from.

(6) “Pedestrian” means a person while not occupying a self-propelled vehicle other than a wheelchair or a similar low-powered motorized or mechanically propelled vehicle that is designed specifically for use by a person with a physical disability and that is determined to be medically necessary for the occupant of the wheelchair or other low-powered vehicle.

(7) “Personal injury protection benefits” means the benefits described in ORS 742.518 (Definitions for ORS 742.518 to 742.542) to 742.542 (Effect of personal injury protection benefits paid) .

(8) “Private passenger motor vehicle” means a four-wheel passenger or station wagon type motor vehicle not used as a public or livery conveyance, and includes any other four-wheel motor vehicle of the utility, pickup body, sedan delivery or panel truck type not used for wholesale or retail delivery other than farming, a self-propelled mobile home and a farm truck.

(9) “Proof of loss” means documentation that allows an insurer to determine whether a person is entitled to personal injury protection benefits and the amount of any benefit that is due.

(10) “Provider” has the meaning given that term in ORS 743B.001 (Definitions) .

(11) “Taxi company” means a corporation, limited liability company, partnership or other association that provides transportation services for compensation that passengers may request by means of telephone, software applications, websites or other Internet-based electronic technology or by visible, audible or otherwise physically perceptible signaling directly to a hired driver who provides the transportation services with a motor vehicle that the hired driver:

(a) Owns and operates in affiliation with the corporation, limited liability company, partnership or other association;

(b) Leases or rents from the corporation, limited liability company, partnership or other association; or

(c) Has other authorization from the corporation, limited liability company, partnership or other association to use for the purposes described in this subsection.

(12) “Transportation network company” means a corporation, limited liability company, partnership or other association that provides a software or digital application, the express purpose of which is to connect to the Internet and enable a prospective passenger to seek and obtain transportation services from a driver who operates a personal motor vehicle for the purpose of providing transportation services for compensation in affiliation with the corporation, limited liability company, partnership or other association. [2005 c.465 §2; 2007 c.70 §318; 2007 c.692 §1; 2021 c.222 §1]

Source: Section 742.518 — Definitions for ORS 742.518 to 742.542 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 744.655 — OR Code / Title 56 / Chapter 744 / Section 744.655
744.655 Rebates prohibited
Status: in_force

An insurance consultant may not give or receive or offer to give or receive a rebate of all or a part of any fee or other expenses charged for services or any earnings, profit, dividends or other benefit accruing to the insurance consultant from the services provided by the insurance consultant. [1985 c.697 §12; 1991 c.810 §23]

Source: Section 744.655 — Rebates prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743.005 — OR Code / Title 56 / Chapter 743 / Section 743.005
743.005 Protection of health information report
Status: in_force

(1) As used in this section:

(a) “Covered entity” has the meaning given that term in ORS 192.556 (Definitions for ORS 192.553 to 192.581) but excludes state agencies.

(b) “Protected health information” has the meaning given that term in ORS 192.556 (Definitions for ORS 192.553 to 192.581) .

(2) A covered entity that is required to file an annual financial statement under ORS 731.574 (Annual financial statement) shall file with the Department of Consumer and Business Services, along with the financial statement, a protection of health information report. The report may be in the form of a letter, must be signed by the chief executive officer of the covered entity and must:

(a) State the responsibility of the covered entity’s management to establish and maintain adequate safeguards and procedures for protecting the confidentiality of personally identifiable and protected health information that the covered entity retains in electronic and hard copy form;

(b) Contain assurances that the signing officer has disclosed to the governing board of the covered entity:

(A) All significant deficiencies in the design or operation of recordkeeping systems or controls that could adversely affect the covered entity’s ability to protect the confidentiality of personally identifiable and protected health information;

(B) Any breaches of the security of personally identifiable and protected health information, whether material or not, that involve management or other employees who have a significant role in the covered entity’s recordkeeping systems or controls; and

(C) All necessary steps that have been taken to address deficiencies in the design or operation of recordkeeping systems or controls and to resolve any material weaknesses identified to or by the covered entity’s auditors; and

(c) Contain assurances that the signing officer has identified for the governing board of the covered entity any material weaknesses in the recordkeeping systems or controls.

(3) The protection of health information report is confidential and not subject to disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . [2015 c.133 §2]

Note: 743.005 (Protection of health information report) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743.005 — Protection of health information report , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 748.109 — OR Code / Title 56 / Chapter 748 / Section 748.109
748.109 Conditions constituting “operating on a lodge system.”
Status: in_force

(1) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated or admitted in accordance with its laws, rules and ritual. Subordinate lodges shall be required by the laws of the society to hold regular meetings at least once each month in furtherance of the purposes of the society.

(2) A society may, at its option, organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of the children, nor shall the children have a voice or vote in the management of the society. [1987 c.490 §4]

Source: Section 748.109 — Conditions constituting “operating on a lodge system.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 743.019 — OR Code / Title 56 / Chapter 743 / Section 743.019
743.019 Procedure for review of proposed rates for health benefit plans
Status: in_force

(1) When an insurer files a schedule or table of premium rates for individual or small employer health benefit plans under ORS 743.018 (Filing of rates for life and health insurance) , the Department of Consumer and Business Services shall open a 30-day public comment period on the rate filing that begins on the date the insurer files the schedule or table of premium rates. The department shall post all of the comments received to the department’s website without delay.

(2) After the close of the public comment period described in subsection (1) of this section, the department shall issue a preliminary decision to approve, disapprove or modify a rate filing. The department shall notify the insurer of, and make available to the public, the preliminary decision, including:

(a) An explanation of the findings and rationale that are the basis for the preliminary decision; and

(b) Any actuarial or other analyses, calculations or evaluations relied upon by the department in arriving at the preliminary decision.

(3) The department shall provide the insurer or any person adversely affected or aggrieved by the preliminary decision the opportunity to meet with the department to discuss and respond to the preliminary decision. However, an insurer or other person may not substitute new facts or data for the facts or data submitted by the insurer in the filing. The meeting shall:

(a) Include a department employee who reviewed the rate filing; and

(b) Comply with the requirements of ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) .

(4) Intentionally left blank —Ed.

(a) The department shall issue a proposed order, no later than 30 days after the department issues a preliminary decision under subsection (2) of this section, to approve, disapprove or modify the rate filing based on the information submitted during the public comment period.

(b) In issuing the proposed order, the department may not consider new facts or data that are offered as a substitute for the facts or data submitted by the insurer in the filing.

(c) The department shall mail the proposed order to the insurer and post the proposed order to the department’s website.

(d) The proposed order must include:

(A) An explanation of the findings and rationale that are the basis for the proposed order, including any actuarial or other analyses, calculations or evaluations relied upon by the department in its findings or rationale; and

(B) Notice of the right of the insurer or any person adversely affected or aggrieved by the proposed order to request a review by the Director of the Department of Consumer and Business Services, in accordance with subsection (6) of this section, no later than 10 days after the date that the proposed order was issued.

(5) If the insurer or person adversely affected or aggrieved by the proposed order does not timely request a review of the proposed order by the director, the director shall issue a final order as described in subsection (6)(d) of this section.

(6) If the insurer or a person adversely affected or aggrieved by the proposed order timely requests a review by the director of the proposed order:

(a) The requester may not substitute new facts or data for the facts and data that were submitted by the insurer in the filing, but may provide a brief, memorandum or analysis based on the evidence contained in the filing or received and considered by the department during the public comment period;

(b) The director may not delegate the decision-making authority for the request for review to any other individual;

(c) The director shall issue a final order no later than 30 days after the request for review is received by the director; and

(d) The final order shall include:

(A) An explanation of the findings and rationale that are the basis for the final order; and

(B) Notice of the right to a contested case hearing in accordance with ORS chapter 183.

(7) Intentionally left blank —Ed.

(a) If, following the issuance of a final order under subsection (6)(c) of this section but before the effective date of the premium rates approved by the final order, an event occurs that materially affects the director’s decision to approve the rates, the director may open a new public comment period for a period of time that the director determines is necessary to receive comments concerning the event. Based upon the event and the public comments received, the director shall affirm the final order by providing a written explanation of the basis for affirming the final order or issue a new proposed order, as described in subsection (4) of this section.

(b) In the consideration of public comments or the event described in paragraph (a) of this subsection or in issuing any new proposed order, the director:

(A) May not consider new facts or data that are offered as a substitute for the facts or data submitted by the insurer in the original filing.

(B) May consider supplemental facts or data reasonably related to the event described in paragraph (a) of this subsection.

(8) Subsections (2) to (7) of this section do not require the department to perform any actuarial or other analyses, calculations or evaluations.

(9) The department may adopt rules modifying the procedures described in subsections (2) to (7) of this section, but only to the extent necessary to comply with 42 U.S.C. 300gg-94. [2009 c.595 §28; 2013 c.681 §36; 2015 c.88 §3; 2019 c.441 §1]

Source: Section 743.019 — Procedure for review of proposed rates for health benefit plans; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.092 — OR Code / Title 56 / Chapter 731 / Section 731.092
731.092 “Domicile.”
Status: in_force

The “domicile” of an insurer means:

(1) As to insurers formed under the laws of Canada or any province thereof, the province in which the insurer’s head office is located.

(2) As to other alien insurers, as provided in ORS 731.096 (“Domicile of alien insurer.”) .

(3) As to all other insurers, the state under the laws of which the insurer was formed or, if the insurer has been redomesticated to another state, the state to which it has been redomesticated. [1967 c.359 §19; 1995 c.639 §13]

Source: Section 731.092 — “Domicile.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743a.175 — OR Code / Title 56 / Chapter 743a / Section 743a.175
743A.175 Traumatic brain injury
Status: in_force

(1) A health benefit plan, as defined in ORS 743B.005 (Definitions) , shall provide coverage of medically necessary therapy and services for the treatment of traumatic brain injury.

(2) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [2009 c.423 §2]

Source: Section 743A.175 — Traumatic brain injury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 743.414 — OR Code / Title 56 / Chapter 743 / Section 743.414
743.414 Time limit on certain defenses
Status: in_force

(1) A health insurance policy shall contain a provision as follows: “TIME LIMIT ON CERTAIN DEFENSES: After two years from the date of issue of this policy no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability, as defined in the policy, commencing after the expiration of that period.”

(2) The policy provision set forth in subsection (1) of this section shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during such initial two-year period, or to limit the application of ORS 743.450 (Change of occupation) to 743.462 (Insurance with other insurers) in the event of misstatement with respect to age or occupation or other insurance.

(3) A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium until at least age 50 or, in the case of a policy issued after age 44, for at least five years from its date of issue, may contain in lieu of the provision set forth in subsection (1) of this section the following provision, from which the clause in parentheses may be omitted at the insurer’s option: “INCONTESTABLE: After this policy has been in force for a period of two years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to the statements contained in the application.”

(4) The policy shall contain a provision as follows, which shall be a separate paragraph under the same caption as, and immediately following, the provision set forth in subsection (1) or (3) of this section: “No claim for loss incurred or disability, as defined in the policy, commencing after two years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy.” [1967 c.359 §430; 1969 c.159 §1]

Source: Section 743.414 — Time limit on certain defenses; incontestability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 742.508 — OR Code / Title 56 / Chapter 742 / Section 742.508
742.508 Definitions for ORS 742.508 and 742.510
Status: in_force

As used in this section and ORS 742.510 (Property damage coverage for damage to vehicle caused by uninsured vehicle) :

(1) “Covered motor vehicle” means a private passenger motor vehicle or a self-propelled mobile home that is owned by the named insured for which a premium has been paid for coverage under this section and ORS 742.510 (Property damage coverage for damage to vehicle caused by uninsured vehicle) .

(2) “Insured vehicle” means a motor vehicle described in the declarations for which a specific premium charge indicates that underinsured motorists coverage is afforded but the term “insured vehicle” shall not include a vehicle while used as a public or livery conveyance.

(3) “Private passenger motor vehicle” means a four-wheel passenger or station wagon type motor vehicle not more than 12 years old and not used as a public or livery conveyance, and includes any other four-wheel motor vehicle of the utility, pickup body, sedan delivery or panel truck type not used for wholesale or retail delivery.

(4) Intentionally left blank —Ed.

(a) “Uninsured vehicle” means:

(A) A vehicle with respect to the ownership, maintenance or use of which there is no collectible property damage insurance, in at least the amounts or limits prescribed under ORS 806.070 (Minimum payment schedule) (2)(c) applicable at the time of the accident with respect to any person or organization legally responsible for the use of such vehicle, or with respect to which there is such collectible insurance applicable at the time of the accident but the insurance company writing the same denies coverage thereunder or, within two years of the date of the accident, such company writing the same becomes voluntarily or involuntarily declared bankrupt or for which a receiver is appointed or becomes insolvent. It shall be a disputable presumption that a vehicle is uninsured in the event the insured and the insurer, after reasonable efforts, fail to discover within 90 days from the date of the accident, the existence of valid and collectible property damage insurance applicable at the time of the accident.

(B) A hit-and-run vehicle as defined in subsection (5) of this section.

(C) A phantom vehicle as defined in subsection (5) of this section.

(b) As used in this section and ORS 742.510 (Property damage coverage for damage to vehicle caused by uninsured vehicle) , “uninsured vehicle” does not include:

(A) An insured vehicle;

(B) A vehicle which is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or any similar law;

(C) A vehicle which is owned by the United States of America, Canada, a state, a political subdivision of any such government or an agency of any of the foregoing;

(D) A land motor vehicle or trailer, if operated on rails or crawler-treads or while located for use as a residence or premises and not as a vehicle;

(E) A farm-type tractor or equipment designed for use principally off public roads, except while actually upon public roads; or

(F) A vehicle owned by or furnished for the regular or frequent use of the insured or any member of the household of the insured.

(5) As used in this section:

(a) “Hit-and-run vehicle” means a vehicle that causes damage to the covered vehicle of an insured arising out of physical contact between the vehicles, provided:

(A) There cannot be ascertained the identity of either the operator or the owner of such hit-and-run vehicle;

(B) The insured or someone on behalf of the insured reports the accident within 72 hours to a police, peace or judicial officer, to the Department of Transportation or to the equivalent department in the state where the accident occurred, and files with the insurer within 30 days thereafter a statement under oath that the insured or the legal representative of the insured has a cause or causes of action arising out of such accident for damages against a person or persons whose identity is unascertainable, and setting forth the facts in support thereof; and

(C) At the insurer’s request, the insured or the legal representative of the insured makes available for inspection the vehicle which was insured at the time of the accident.

(b) “Phantom vehicle” means a vehicle that causes damage to the covered vehicle of an insured, although there is no physical contact between the vehicles, provided:

(A) There cannot be ascertained the identity of either the operator or the owner of such phantom vehicle;

(B) The facts of such accident can be corroborated by competent evidence other than the testimony of the insured or any passenger in the insured motor vehicle; and

(C) The insured or someone on behalf of the insured shall have reported the accident within 72 hours to a police, peace or judicial officer, to the Department of Transportation or to the equivalent department in the state where the accident occurred, and shall have filed with the insurer within 30 days thereafter a statement under oath that the insured or the legal representative of the insured has a cause or causes of action arising out of such accident for damages against a person or persons whose identity is unascertainable, and setting forth the facts in support thereof. [Formerly 743.796; 2003 c.175 §3]

Note: 742.508 (Definitions for ORS 742.508 and 742.510) and 742.510 (Property damage coverage for damage to vehicle caused by uninsured vehicle) [formerly 743.796 and 743.797] were added to and made a part of ORS chapter 743 by legislative action but were not added to ORS chapter 742 or any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 742.508 — Definitions for ORS 742.508 and 742.510 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 742.280 — OR Code / Title 56 / Chapter 742 / Section 742.280
742.280 Home protection insurance
Status: in_force

(1) A home protection policy shall specify:

(a) The home, home components and personal property relating to the home or its components that are covered by the policy.

(b) The exclusions to and limitations on the coverage.

(c) The period during which the policy will be in effect and the renewal terms, if any.

(d) The particulars regarding the performance of services, if any, by or on behalf of the insurer, including but not necessarily limited to the following:

(A) The kinds of services to be performed by or on behalf of the insurer, and the terms and conditions of the performance.

(B) The service fee or deductible amount, if any, to be charged for the services.

(C) All limitations regarding the performance of services, including any restrictions on the time period during which, or geographical area within which, services may be requested or will be performed.

(D) A statement that services will be performed upon the insured’s telephoned request to the insurer, without any requirement that a claim form or service application be filed before service is performed.

(E) A representation that services will be initiated by or under the direction of the insurer within 48 hours after request is made for services.

(e) All other provisions which are required by the Insurance Code or by rules issued by the Director of the Department of Consumer and Business Services.

(2) A home protection policy shall be noncancelable during the term for which it is originally written, except for nonpayment of the premium charge for the policy or for fraud or misrepresentation of facts material to the issuance of the policy. However, a policy providing coverage while the subject home is being offered for sale is cancelable in accordance with the policy provisions if no sale is made. A home protection policy is not renewable unless its terms provide otherwise.

(3) The director may adopt rules regarding home protection policies in order to protect the interests of persons affected by the policy contract. The director may not adopt rules specifying the home components or related personal property which must be covered by a home protection policy, except to the extent necessary to:

(a) Obtain fairness in the exclusions from coverage; or

(b) Avoid illusory coverage caused by the nature or extent of the exclusions from coverage. [Formerly 743.690]

Source: Section 742.280 — Home protection insurance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 731.300 — OR Code / Title 56 / Chapter 731 / Section 731.300
731.300 Examination of insurers
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall examine every authorized insurer, including an audit of the financial affairs of such insurer, as often as the director determines an examination to be necessary but at least once each five years. An examination shall be conducted for the purpose of determining the financial condition of the insurer, its ability to fulfill its obligations and its manner of fulfillment, the nature of its operations and its compliance with the Insurance Code. The director may also make such an examination of any surplus lines insurance producer or any person holding the capital stock of an authorized insurer or surplus lines insurance producer for the purpose of controlling the management thereof as a voting trustee or otherwise, or both.

(2) Instead of conducting an examination of an authorized foreign or alien insurer, the director may accept an examination report on the insurer that is prepared by the insurance department for the state of domicile or state of entry of the insurer if:

(a) At the time of the examination the insurance department of the state was accredited under the Financial Regulation Standards and Accreditation Program or successor program of the National Association of Insurance Commissioners; or

(b) The examination was performed under the supervision of an accredited insurance department or with the participation of one or more examiners who are employed by such an accredited insurance department and who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department.

(3) Examination of an alien insurer shall be limited to its insurance transactions, assets, trust deposits and affairs in the United States except as otherwise required by the director. [Formerly 736.545; 1979 c.870 §2; 1981 c.874 §18; 1990 c.2 §46; 1993 c.447 §1; 2003 c.364 §67]

Source: Section 731.300 — Examination of insurers; when required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.358 — OR Code / Title 56 / Chapter 742 / Section 742.358
742.358 Release of surety on official bonds by action of obligee
Status: in_force

(1) Any official whose duty it is to approve any bond or undertaking given in favor of the state or any county, city, school district, drainage or irrigation district, board or commission within the state may cancel the bond or undertaking by serving written notice of its election so to do upon the principal and surety or sureties on such bond or undertaking 10 days before it desires the cancellation of the obligation to take effect.

(2) The official at the time of serving such notice shall also file with the officer or official occupying the position of secretary or clerk of the state, county, city, school district, drainage or irrigation district, board or commission, as the case may be, at the regular place of business of such secretary or clerk, a certified copy of such notice. At the expiration of 10 days from the filing of such notice, the surety or sureties upon such bond or undertaking shall be discharged from further liability thereon. [Formerly 747.140 and then 743.744]

Source: Section 742.358 — Release of surety on official bonds by action of obligee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 731.146 — OR Code / Title 56 / Chapter 731 / Section 731.146
731.146 “Transact insurance.”
Status: in_force

(1) “Transact insurance” means one or more of the following acts effected by mail or otherwise:

(a) Making or proposing to make an insurance contract.

(b) Taking or receiving any application for insurance.

(c) Receiving or collecting any premium, commission, membership fee, assessment, due or other consideration for any insurance or any part thereof.

(d) Issuing or delivering policies of insurance.

(e) Directly or indirectly acting as an insurance producer for, or otherwise representing or aiding on behalf of another, any person in the solicitation, negotiation, procurement or effectuation of insurance or renewals thereof, the dissemination of information as to coverage or rates, the forwarding of applications, the delivering of policies, the inspection of risks, the fixing of rates, the investigation or adjustment of claims or losses, the transaction of matters subsequent to effectuation of the policy and arising out of it, or in any other manner representing or assisting a person with respect to insurance.

(f) Advertising locally or circularizing therein without regard for the source of such circularization, whenever such advertising or circularization is for the purpose of solicitation of insurance business.

(g) Doing any other kind of business specifically recognized as constituting the doing of an insurance business within the meaning of the Insurance Code.

(h) Offering a multistate qualified health plan to individuals or small employers through the program administered by the United States Office of Personnel Management pursuant to 42 U.S.C. 18054.

(i) Doing or proposing to do any insurance business in substance equivalent to any of paragraphs (a) to (h) of this subsection in a manner designed to evade the provisions of the Insurance Code.

(2) Subsection (1) of this section does not include, apply to or affect the following:

(a) Making investments within a state by an insurer not admitted or authorized to do business within such state.

(b) Except as provided in ORS 743.015 (Filing and approval of credit life and credit health insurance forms) , doing or proposing to do any insurance business arising out of a policy of group life insurance or a policy of blanket health insurance, if the master policy was validly issued to cover a group organized primarily for purposes other than the procurement of insurance and was delivered in and pursuant to the laws of another state in which:

(A) The insurer was authorized to do an insurance business;

(B) The policyholder is domiciled or otherwise has a bona fide situs; and

(C) With respect to a policy of blanket health insurance, the policy was approved by the director of such state.

(c) Except as provided in ORS 743.015 (Filing and approval of credit life and credit health insurance forms) , doing or proposing to do any insurance business arising out of a policy of group health insurance, if the master policy was validly issued to cover an employer group other than an association, trust or multiple employer welfare arrangement and was delivered in and pursuant to the laws of another state in which:

(A) The insurer was authorized to do an insurance business; and

(B) The policyholder is domiciled or otherwise has a bona fide situs.

(d) Investigating, settling, or litigating claims under policies lawfully written within a state, or liquidating assets and liabilities, all resulting from the insurer’s former authorized operations within such state.

(e) Transactions within a state under a policy subsequent to its issuance if the policy was lawfully solicited, written and delivered outside the state and did not cover a subject of insurance resident, located or to be performed in the state when issued.

(f) The continuation and servicing of life or health insurance policies remaining in force on residents of a state if the insurer has withdrawn from such state and is not transacting new insurance therein.

(3) If mail is used, an act shall be deemed to take place at the point where the matter transmitted by mail is delivered and takes effect. [1967 c.359 §30; 1971 c.231 §10; 1989 c.784 §4; 2003 c.364 §64; 2007 c.752 §§1,6; 2013 c.681 §9; 2015 c.515 §4; 2019 c.285 §3]

Source: Section 731.146 — “Transact insurance.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 732.210 — OR Code / Title 56 / Chapter 732 / Section 732.210
732.210 Assertion of lack of capacity or power
Status: in_force

The provision of ORS 60.084 (Challenges to validity of corporate acts) shall not affect the right of any policyholder of a domestic insurer or the Director of the Department of Consumer and Business Services from asserting the lack of capacity or power of an insurer, by reason of any provision of the Insurance Code, to do any act or make any conveyance or transfer of real or personal property. [1967 c.359 §165; 1987 c.846 §7]

Source: Section 732.210 — Assertion of lack of capacity or power , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 743.275 — OR Code / Title 56 / Chapter 743 / Section 743.275
743.275 Standard Nonforfeiture Law for Individual Deferred Annuities
Status: in_force

(1) ORS 743.275 (Standard Nonforfeiture Law for Individual Deferred Annuities) to 743.295 (Effect of certain life insurance and disability benefits on minimum nonforfeiture amounts) may be cited as the Standard Nonforfeiture Law for Individual Deferred Annuities.

(2) The Standard Nonforfeiture Law for Individual Deferred Annuities does not apply to:

(a) Reinsurance.

(b) A group annuity policy purchased under a retirement or deferred compensation plan established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization, or by both. This exclusion does not apply, however, to a plan providing individual retirement accounts or individual retirement annuities under section 408 of the federal Internal Revenue Code.

(c) A premium deposit fund.

(d) A variable annuity policy.

(e) An investment annuity policy.

(f) An immediate annuity policy.

(g) A deferred annuity policy after annuity payments have commenced.

(h) A reversionary annuity.

(i) A policy delivered outside this state through an agent or other representative of the insurer issuing the policy. [1977 c.320 §2; 2003 c.370 §1]

Source: Section 743.275 — Standard Nonforfeiture Law for Individual Deferred Annuities; application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 742.520 — OR Code / Title 56 / Chapter 742 / Section 742.520
742.520 Personal injury protection benefits for motor vehicle liability policies
Status: in_force

(1) Intentionally left blank —Ed.

(a) Every motor vehicle liability policy issued for delivery in this state that covers any private passenger motor vehicle shall provide personal injury protection benefits to the person insured thereunder, members of that person’s family residing in the same household, children not related to the insured by blood, marriage or adoption who are residing in the same household as the insured and being reared as the insured’s own, passengers occupying the insured motor vehicle and pedestrians struck by the insured motor vehicle.

(b) A transportation network company shall provide a motor vehicle liability policy with personal injury protection benefits to each driver who operates a personal motor vehicle in affiliation with the transportation network company.

(c) A taxi company shall provide a motor vehicle liability policy with personal injury protection benefits to each driver who operates a taxi in affiliation with the taxi company.

(d) The personal injury protection benefits described in paragraphs (b) and (c) of this subsection must, at all times during which the driver operates the personal motor vehicle or the taxi to provide transportation services to passengers in affiliation with the transportation network company or the taxi company, cover the driver of the personal motor vehicle or taxi, any passengers that occupy the personal motor vehicle or taxi and pedestrians that are struck by the personal motor vehicle or taxi.

(e) Notwithstanding paragraphs (b), (c) and (d) of this subsection, an insurer may exclude from a motor vehicle liability policy for a private passenger motor vehicle any coverage, including personal injury protection benefits, for a loss or injury that occurs while a driver is operating a private passenger motor vehicle to provide transportation services for compensation in affiliation with a transportation network company.

(2) Personal injury protection benefits apply to a person’s injury or death resulting:

(a) In the case of the person insured under the policy and members of that person’s family residing in the same household, from the use, occupancy or maintenance of any motor vehicle, except the following vehicles:

(A) A motor vehicle, including a motorcycle or moped, that is owned or furnished or available for regular use by any of such persons and that is not described in the policy;

(B) A motorcycle or moped which is not owned by any of such persons, but this exclusion applies only when the injury or death results from such person’s operating or riding upon the motorcycle or moped; and

(C) A motor vehicle not included in subparagraph (A) or (B) of this paragraph and, except as provided in paragraph (c) of this subsection, not a private passenger motor vehicle. However, this exclusion applies only when the injury or death results from such person’s operating or occupying the motor vehicle.

(b) In the case of a passenger occupying or a pedestrian struck by the insured motor vehicle, from the use, occupancy or maintenance of the vehicle.

(c) In the case of a person insured under the policy who operates a personal motor vehicle or a taxi with which the person provides transportation services to passengers for compensation in affiliation with a transportation network company or a taxi company, from the use, occupancy or maintenance of the personal motor vehicle or taxi.

(3) Personal injury protection benefits consist of payments for expenses, loss of income and loss of essential services as provided in ORS 742.524 (Contents of personal injury protection benefits) .

(4) An insurer shall pay all personal injury protection benefits promptly after proof of loss has been submitted to the insurer.

(5) The potential existence of a cause of action in tort does not relieve an insurer from the duty to pay personal injury protection benefits.

(6) Disputes between insurers and beneficiaries about the amount of personal injury protection benefits, or about the denial of personal injury protection benefits, shall be decided by arbitration if mutually agreed to at the time of the dispute. Arbitration under this subsection shall take place as described in ORS 742.521 (Conditions applicable to arbitration proceedings) .

(7) An insurer:

(a) May not enter into or renew any contract that provides, or has the effect of providing, managed care services to beneficiaries.

(b) May enter into or renew any contract that provides evaluation services for beneficiaries. [Formerly 743.800; 1991 c.768 §6; 1993 c.282 §1; 1993 c.596 §39; 1995 c.658 §114; 1997 c.344 §§1,2; 1997 c.808 §§3,4; 1999 c.434 §1; 2003 c.813 §1; 2005 c.465 §3; 2007 c.328 §8; 2021 c.222 §2]

Source: Section 742.520 — Personal injury protection benefits for motor vehicle liability policies; applicability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 734.250 — OR Code / Title 56 / Chapter 734 / Section 734.250
734.250 Right of domiciliary receiver to sue in this state
Status: in_force

The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this state to recover any assets of such insurer to which the domiciliary receiver may be entitled under the laws of this state. [1967 c.359 §279]

Source: Section 734.250 — Right of domiciliary receiver to sue in this state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 746.137 — OR Code / Title 56 / Chapter 746 / Section 746.137
746.137 Reimbursement of private emergency responder’s actual expenses in emergency response
Status: in_force

(1) As used in this section:

(a) “Emergency” has the meaning given that term in ORS 401.025 (Definitions for ORS chapter 401) .

(b) “Private emergency responder” means a private hazardous materials response team, and individuals working under the direction of the private hazardous materials response team, that provides subject matter expertise or technical experience that may be called upon to participate in the response to an emergency.

(2) When the insurer of a liable party is obligated to reimburse a private emergency responder for services provided in response to an emergency, the insurer shall reimburse the private emergency responder for the actual costs incurred for emergency response, including, but not limited to, costs associated with mobile laboratories, tools and equipment for handling hazardous materials and other specialized equipment. [2015 c.720 §2]

Note: 746.137 (Reimbursement of private emergency responder’s actual expenses in emergency response) was added to and made a part of ORS chapter 746 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 746.137 — Reimbursement of private emergency responder’s actual expenses in emergency response , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 733.600 — OR Code / Title 56 / Chapter 733 / Section 733.600
733.600 Investment in mortgage loans
Status: in_force

(1) Funds of an insurer may be invested in:

(a) Loans secured by first liens upon improved, unencumbered real property (other than leaseholds) in the manner and subject to the same terms and conditions set forth in ORS 733.580 (Investment of required capitalization) (1)(b), except that the property may be located within the boundaries of any sovereign; for loans described in ORS 733.580 (Investment of required capitalization) (1)(b)(B), the maximum permitted ratio of the loan to the appraised value shall be 80 rather than 66-2/3 percent, and the maximum term of the loan shall be 30 rather than 25 years.

(b) Loans secured by first liens upon a leasehold of improved, unencumbered real property located within the boundaries of any sovereign if:

(A) The leasehold has a period of not less than 20 years to run from the date of the loan, inclusive of the term which may be provided by an enforceable option of renewal, the loan does not exceed 70 percent of the fair market value of the leasehold together with any improvements located thereon which are subject to the lien, the terms of the loan provide for amortization payments to be made by the borrower on the principal thereof at least once in each year in amounts sufficient to completely amortize the loan within a period of four-fifths of the term of the leasehold, and the insurer is entitled to be subrogated to all rights of the lessee under the leasehold; or

(B) The investment is insured or guaranteed in the manner provided in ORS 733.580 (Investment of required capitalization) (1)(b)(C).

(2) A loan upon the security of real property or a leasehold interest therein which is a participation in or a part of a series or issue shall not be made unless the insurer holds a senior participation or similar security interest in the mortgage or deed of trust giving it substantially the rights of a first mortgagee.

(3) Nothing in ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) shall prohibit an insurer from renewing or extending a proper loan secured by a first lien upon real property or a leasehold interest therein made pursuant to this section or to ORS 733.580 (Investment of required capitalization) for the original or a lesser amount even though such amount is a greater percentage of the current fair market value of the real property or leasehold than would otherwise be permitted under such sections. [Formerly 738.255; 1995 c.79 §360]

Source: Section 733.600 — Investment in mortgage loans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 732.125 — OR Code / Title 56 / Chapter 732 / Section 732.125
732.125 Registration of securities subsequent to issuance of organization permit and certificate of incorporation
Status: in_force

If the proposed domestic insurer is to issue securities, it shall comply with the applicable provisions of ORS 59.005 (Short title) to 59.505 (Provision of records to law enforcement and certain state agencies) , 59.710 (Definitions for ORS 59.710 to 59.830) to 59.830 (Self-incrimination by witness) , 59.991 (Criminal penalties for ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995) and 59.995 (Civil penalties for ORS 59.005 to 59.505, 59.710 to 59.830 and 59.991) . However, the Director of the Department of Consumer and Business Services shall not allow the registration of securities of a proposed domestic insurer unless the organizers of such insurer have been issued an organization permit under ORS 732.055 (Approval or disapproval of application for permit) , and have received a certificate of incorporation under ORS 732.115 (Approval of articles, documents and bond, letter of credit or deposit) . [1967 c.359 §158; 1987 c.414 §162]

Source: Section 732.125 — Registration of securities subsequent to issuance of organization permit and certificate of incorporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 734.770 — OR Code / Title 56 / Chapter 734 / Section 734.770
734.770 Purpose
Status: in_force

The purpose of ORS 734.750 (Short title) to 734.890 (Association not to be used in sales or solicitation) is to protect the persons specified in ORS 734.790 (Application) , subject to certain limitations, against failure in the performance of contractual obligations, under life and health insurance policies and annuity contracts specified in ORS 734.790 (Application) , because of the impairment or insolvency of the insurer issuing such policies or contracts. To provide this protection:

(1) An association of insurers is created to enable the guarantee of payment of benefits and continuation of coverages;

(2) Members of the Oregon Life and Health Insurance Guaranty Association are subject to assessment to provide funds to carry out the purpose of ORS 734.750 (Short title) to 734.890 (Association not to be used in sales or solicitation) ; and

(3) The association is authorized to assist the Director of the Department of Consumer and Business Services, in the prescribed manner, in the detection and prevention of insurer impairments or insolvencies. [1975 c.251 §3; 1991 c.811 §2]

Source: Section 734.770 — Purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 741.390 — OR Code / Title 56 / Chapter 741 / Section 741.390
741.390 False or misleading filings prohibited
Status: in_force

A person may not file or cause to be filed with the Oregon Health Authority any article, certificate, report, statement, application or any other information related to the health insurance exchange required or permitted by the authority to be filed, that is known by the person to be false or misleading in any material respect. [2011 c.415 §24; 2015 c.3 §28; 2021 c.569 §29]

Source: Section 741.390 — False or misleading filings prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors741.­html (accessed May 26, 2025).
ORS § 731.442 — OR Code / Title 56 / Chapter 731 / Section 731.442
731.442 Prohibition on transacting life insurance business on mutual assessment plan
Status: in_force

An insurer may not transact a life insurance business upon a mutual assessment plan within this state. [Formerly 739.105; 2005 c.185 §1]

Source: Section 731.442 — Prohibition on transacting life insurance business on mutual assessment plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 744.091 — OR Code / Title 56 / Chapter 744 / Section 744.091
744.091 Additional conditions under which person licensed as insurer or insurance producer may charge commission or service fee
Status: in_force

(1) An insurer or insurance producer may charge a commission, a service fee or a combination of the two when transacting insurance in other than the following categories of insurance:

(a) Insurance that covers an individual’s person, property or liability;

(b) Life or health insurance for groups of fewer than 51 lives; or

(c) Insurance on a commercial or public entity paying combined annual premiums of less than $100,000 for the insurance.

(2) An insurer or insurance producer may charge a commission or service fee other than the commission or fee filed in accordance with ORS 737.205 (Filing rates, plans with director) only if the insurer or insurance producer has a written agreement with the prospective insured prior to the binding or issuance of an insurance policy. The Director of the Department of Consumer and Business Services may establish by rule minimum conditions for written agreements entered into under this subsection. An insurer or insurance producer who enters into a written agreement as provided in this subsection is not in violation of ORS 746.035 (Inducements not specified in policy) or 746.045 (Prohibition on rebates) . [2003 c.364 §17b]

Source: Section 744.091 — Additional conditions under which person licensed as insurer or insurance producer may charge commission or service fee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743b.225 — OR Code / Title 56 / Chapter 743b / Section 743b.225
743B.225 Continuity of care
Status: in_force

(1) As used in this section, “continuity of care” means the feature of a health benefit plan under which an enrollee who is receiving care from an individual provider is entitled to continue with care with the individual provider for a limited period of time after the medical services contract terminates.

(2) An insurer offering managed health insurance or preferred provider organization insurance in this state shall provide continuity of care to an enrollee under a health benefit plan if:

(a) A medical services contract or other contract for an individual provider’s services is terminated;

(b) The provider no longer participates in the provider network; and

(c) The insurer does not cover services when services are provided to enrollees by the individual provider or covers services at a benefit level below the benefit level specified in the plan for out-of-network providers.

(3) In order to obtain continuity of care, an enrollee must request continuity of care from the insurer.

(4) An enrollee of a health benefit plan is entitled to continuity of care when the following conditions are met:

(a) The enrollee is undergoing an active course of treatment that is medically necessary and, by agreement of the individual provider and the enrollee, it is desirable to maintain continuity of care; and

(b) The contractual relationship between the individual provider and the insurer described in subsection (2) of this section with respect to the plan covering the enrollee has ended, except as provided in subsection (5) of this section.

(5) A health benefit plan is not required to provide continuity of care when the contractual relationship between the individual provider and the insurer described in subsection (2) of this section ends under one of the following circumstances:

(a) The contractual relationship between the individual provider and the insurer has ended because the individual provider:

(A) Has retired;

(B) Has died;

(C) No longer holds an active license;

(D) Has relocated out of the service area;

(E) Has gone on sabbatical; or

(F) Is prevented from continuing to care for patients because of other circumstances; or

(b) The contractual relationship has terminated in accordance with provisions of the medical services contract relating to quality of care and all contractual appeal rights of the individual provider have been exhausted.

(6) A health benefit plan is not required to provide continuity of care if the enrollee leaves a health benefit plan or if the policyholder discontinues the plan in which the enrollee is enrolled.

(7) Except as provided for pregnancy in subsection (8) of this section, an enrollee who is entitled to continuity of care shall receive the care until the earlier of the following dates:

(a) The day following the date on which the active course of treatment entitling the enrollee to continuity of care is completed; or

(b) The 120th day after the date of notification by the insurer to the enrollee of the termination of the contractual relationship with the individual provider, as required by subsection (9) of this section.

(8) An enrollee who is undergoing care for a pregnancy and who becomes entitled to continuity of care after commencement of the second trimester of the pregnancy shall receive the care until the later of the following dates:

(a) The 45th day after the birth; or

(b) As long as the enrollee continues under an active course of treatment, but not later than the 120th day after the date of notification by the insurer to the enrollee of the termination of the contractual relationship with the individual provider as required by subsection (9) of this section.

(9) An insurer shall give written notice of the termination of the contractual relationship between the insurer and the individual provider and of the right to obtain continuity of care to those enrollees that the insurer knows or reasonably should know are under the care of the individual provider. The notice may be given prior to the date on which the termination of the contractual relationship with the individual provider takes effect only if the insurer gives notice in a good faith belief that the termination will take effect as stated in the notice. In any event, the notice shall be given to those enrollees not later than the 10th day after the date on which the termination of the contractual relationship with the individual provider takes effect. If the insurer first learns the identity of an affected enrollee after the date of termination of the contractual relationship with the individual provider or after the date on which the insurer gave notice to the other affected enrollees, then the insurer shall give a notice of termination to the affected enrollee not later than the 10th day after learning that enrollee’s identity.

(10) For the purpose of notifying an enrollee under subsection (7)(b) or (8)(b) of this section:

(a) The date of notification by the insurer is the earlier of the date on which the enrollee receives the notice or the date on which the insurer receives or approves the request for continuity of care.

(b) If an individual provider belongs to a provider group, the provider group may deliver the notice if the insurer agrees that the provider group may do so and if the notice clearly provides the information that the plan is required to provide to the enrollee under subsection (9) of this section.

(11) A health benefit plan may condition continuity of care upon the requirement that the individual provider adhere to the medical services contract between the provider and the insurer and accept the contractual reimbursement rate applicable at the time of contract termination or, if the contractual reimbursement rate was not based on a fee for service, a rate equivalent to the contractual rate. [Formerly 743.854]

Source: Section 743B.225 — Continuity of care , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 746.290 — OR Code / Title 56 / Chapter 746 / Section 746.290
746.290 Notice of prohibition in policies and by adjusters
Status: in_force

(1) An adjuster establishing loss under a motor vehicle liability insurance policy shall advise the insured of the provisions of ORS 746.280 (Designation of particular motor vehicle repair shop by insurer prohibited) .

(2) Every motor vehicle liability insurance policy issued in this state after December 31, 1977, and any extension or renewal after that date of a policy issued before that date shall be accompanied by a statement in clear and conspicuous language approved by the director of:

(a) The rights and responsibilities of the insured when a claim is submitted; and

(b) The provisions of ORS 746.280 (Designation of particular motor vehicle repair shop by insurer prohibited) . [1977 c.785 §4]

Note: See note under 746.275 (Definitions for ORS 746.275 to 746.300) .

Source: Section 746.290 — Notice of prohibition in policies and by adjusters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 742.222 — OR Code / Title 56 / Chapter 742 / Section 742.222
742.222 Waiver provisions
Status: in_force

A fire insurance policy shall contain a provision as follows: “No permission affecting this insurance shall exist, or waiver of any provision be valid, unless granted herein or expressed in writing added hereto. No provision, stipulation or forfeiture shall be held to be waived by any requirement or proceeding on the part of this company relating to appraisal or to any examination provided for herein.” [Formerly 743.633]

Source: Section 742.222 — Waiver provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 731.236 — OR Code / Title 56 / Chapter 731 / Section 731.236
731.236 General powers and duties
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall enforce the provisions of the Insurance Code for the public good, and shall execute the duties imposed by the code.

(2) The director has the powers and authority expressly conferred by or reasonably implied from the provisions of the Insurance Code.

(3) The director may conduct such examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as the director considers proper to determine whether any person has violated any provision of the Insurance Code or to secure information useful in the lawful administration of any such provision. The cost of such additional examinations and investigations shall be borne by the state.

(4) The director has such additional powers and duties as may be provided by other laws of this state. [1967 c.359 §52]

Source: Section 731.236 — General powers and duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 731.492 — OR Code / Title 56 / Chapter 731 / Section 731.492
731.492 Required notification to claimant upon insurer’s payment to settle third-party liability claim
Status: in_force

(1) Intentionally left blank —Ed.

(a) An insurer shall notify a claimant in writing at the time the insurer pays $5,000 or more to settle a third-party liability claim if:

(A) The claimant is a natural person;

(B) The insurer or an agent or other representative of the insurer, including the insurer’s attorney, delivers the payment to the claimant or to the claimant’s attorney, agent or other representative by draft, check or other form of payment; and

(C) The claimant or the claimant’s attorney has provided contact information or a mailing address to the insurer.

(b) An insurer may comply with paragraph (a) of this subsection by sending to the claimant a copy of the cover letter that accompanies the insurer’s settlement payment to the claimant’s attorney. Any notice to the claimant other than a copy of the cover letter may not include more than:

(A) A statement that the insurer has paid a settlement;

(B) The amount of the settlement;

(C) The date on which the insurer paid the settlement;

(D) The insurer’s name; and

(E) Any identifying number for the claim.

(2) Subsection (1) of this section does not:

(a) Create a cause of action against an insurer for the insurer’s failure to provide the notice described in subsection (1) of this section; or

(b) Create for the claimant’s attorney a defense to any cause of action based on an insurer’s failure to provide the notice described in subsection (1) of this section.

(3) Subsection (1) of this section authorizes an insurer or the insurer’s attorney to communicate with the claimant for the purpose of delivering the notice described in subsection (1) of this section even if the insurer or the insurer’s attorney knows that the claimant is represented by an attorney.

(4) This section does not invalidate or otherwise affect a settlement for which an insurer made a payment. [2021 c.140 §2]

Note: 731.492 (Required notification to claimant upon insurer’s payment to settle third-party liability claim) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

LIMIT OF RISK; REINSURANCE

Source: Section 731.492 — Required notification to claimant upon insurer’s payment to settle third-party liability claim; required contents of notification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.350 — OR Code / Title 56 / Chapter 742 / Section 742.350
742.350 Bonds, undertakings and other obligations required by law may be executed by surety insurers
Status: in_force

(1) Whenever any bond, undertaking, recognizance, or other obligation is by law or the charter, ordinance, rules or regulations of any municipality, board, body, organization, court, judge or public officer required or permitted to be made, given, tendered or filed with surety or sureties, and whenever the performance of any act, duty or obligation, or the refraining from any act is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance or guaranty may be executed by an authorized surety insurer.

(2) The execution by such an insurer of any such obligation is in all respects a full and complete compliance with every requirement that it be executed by one surety, or by one or more sureties, or that such sureties be residents or householders, or freeholders, or either or both, or possess any other qualification.

(3) A surety insurer may be required to justify as surety. It shall be sufficient justification for such surety insurer when examined as to its qualifications to exhibit the certificate of authority issued to it by the Director of the Department of Consumer and Business Services or a certified copy thereof. [Formerly 747.080 and then 743.732]

Source: Section 742.350 — Bonds, undertakings and other obligations required by law may be executed by surety insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 734.059 — OR Code / Title 56 / Chapter 734 / Section 734.059
734.059 Request for court order
Status: in_force

(1) The Director of the Department of Consumer and Business Services may file a petition with the circuit court requesting an order that:

(a) Authorizes the director to seize all or part of the property, books, accounts and other records of a domestic insurer as well as the premises occupied by the insurer for transacting its business; and

(b) Enjoins the domestic insurer from disposing of its property and transacting business except as allowed by written consent of the director.

(2) The director must include all of the following in the petition under subsection (1) of this section:

(a) An allegation that one or more grounds exist that would justify a court order for a rehabilitation or liquidation proceeding against the insurer.

(b) An allegation that the interests of policyholders, creditors or the public will be endangered by delay.

(c) The contents of the order that the director requests the court to issue. [1989 c.425 §10]

Source: Section 734.059 — Request for court order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743.456 — OR Code / Title 56 / Chapter 743 / Section 743.456
743.456 Other insurance in same insurer
Status: in_force

(1) A health insurance policy may contain a provision as follows: “OTHER INSURANCE IN THIS INSURER: If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured be in force concurrently herewith, making the aggregate indemnity for _____ (insert type of coverage or coverages) in excess of $___ (insert maximum limit of indemnity or indemnities), the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to the estate of the insured.”

(2) In lieu of the provisions set forth in subsection (1) of this section, the policy may contain a provision as follows: “OTHER INSURANCE IN THIS INSURER: Insurance effective at any one time on the insured under a like policy or policies in this company is limited to the one such policy elected by the insured, the beneficiary or the estate of the insured, as the case may be, and the insurer will return all premiums paid for all other such policies.” [1967 c.359 §444]

Source: Section 743.456 — Other insurance in same insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 735.180 — OR Code / Title 56 / Chapter 735 / Section 735.180
735.180 Branch captive insurer as pure captive insurer
Status: in_force

Except as otherwise provided in ORS 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) , a branch captive insurer must be a pure captive insurer with respect to business operations in this state, unless otherwise permitted by rule of the Director of the Department of Consumer and Business Services. [2012 c.84 §17]

Note: See note under 735.150 (Definitions for ORS 735.150 to 735.190) .

Source: Section 735.180 — Branch captive insurer as pure captive insurer; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 731.770 — OR Code / Title 56 / Chapter 731 / Section 731.770
731.770 Other privileges or limitations pertaining to audit document
Status: in_force

Nothing in ORS 731.760 (Definitions for ORS 731.760 to 731.770) to 731.770 (Other privileges or limitations pertaining to audit document) , or in the release of any insurance compliance self-evaluative audit document under ORS 731.760 (Definitions for ORS 731.760 to 731.770) to 731.770 (Other privileges or limitations pertaining to audit document) , shall limit, waive or abrogate the scope or nature of any statutory or common law privilege or other limitation on admissibility of evidence including, but not limited to, the work product doctrine, the lawyer-client privilege under ORS 40.225 (Rule 503. Law practitioner-client privilege) or the subsequent remedial measures exclusion provided by ORS 40.185 (Rule 407. Subsequent remedial measures) . [2001 c.329 §8]

ASSESSMENTS, FEES AND TAXES

Source: Section 731.770 — Other privileges or limitations pertaining to audit document , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743.154 — OR Code / Title 56 / Chapter 743 / Section 743.154
743.154 Acceleration of death benefits
Status: in_force

(1) A life insurance policy or a rider to a life insurance policy may provide for the acceleration of death benefits as part of the life insurance coverage. For purposes of this section, accelerated death benefits are benefits that:

(a) Are payable to the policy owner or certificate holder during the lifetime of the insured, in anticipation of death or upon the occurrence of specified life-threatening or catastrophic conditions as defined by the policy or rider;

(b) Reduce the death benefit otherwise payable under the life insurance policy; and

(c) Are payable upon the occurrence of a single qualifying event that results in the payment of a benefit amount fixed at the time of acceleration.

(2) For purposes of this section, a qualifying event is one or more of the following:

(a) A medical condition that will result in a drastically limited life span, as specified in the policy or rider, not exceeding 24 months.

(b) A medical condition that has required or requires extraordinary medical intervention, such as a major organ transplant or continuous artificial life support, without which the insured would die.

(c) Any condition that usually requires continuous confinement in an eligible institution, as defined in the policy or rider, if the insured is expected to remain there for the rest of the insured’s life.

(d) A medical condition that in the absence of extensive or extraordinary medical treatment will result in a drastically limited life span. Such conditions may include but are not limited to one or more of the following:

(A) Coronary artery disease resulting in an acute infarction or requiring surgery;

(B) Permanent neurological deficit resulting from cerebral vascular accident;

(C) End-stage renal failure; or

(D) Human immunodeficiency virus or acquired immune deficiency syndrome.

(e) Any other event determined by the Director of the Department of Consumer and Business Services to be life-threatening.

(3) A policy or rider that provides for the acceleration of death benefits:

(a) Must also provide for the continuation of the policy as to the amount of the death benefit that is not accelerated.

(b) Must allow the policy owner or the certificate holder to request payment at any time during the period that the qualifying event continues.

(4) A policy or rider that provides for the acceleration of death benefits under this section shall not be described or marketed by an insurer as long term care insurance or as providing long term care benefits.

(5) The director shall adopt rules establishing minimum benefits, criteria for the payment of accelerated benefits, disclosure requirements and actuarial standards. [1991 c.571 §2; 1993 c.17 §1; 2019 c.280 §15]

Source: Section 743.154 — Acceleration of death benefits; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 742.352 — OR Code / Title 56 / Chapter 742 / Section 742.352
742.352 Reimbursement of private persons required to give bond, letter of credit or other obligation
Status: in_force

Any receiver, assignee, guardian, conservator, trustee, executor, administrator or other fiduciary, required by law or the order of any court or judge to give a bond, letter of credit or other obligation as such, may include as a part of the lawful expense of executing the trust, such reasonable sum paid an insurer for becoming surety on the bond or an issuer of a letter of credit as may be allowed by the court in which, or judge before whom, the person is required to account. Such sum shall not exceed one percent per annum of the amount of the bond or letter of credit. [Formerly 747.100 and then 743.735; 1991 c.331 §129]

Source: Section 742.352 — Reimbursement of private persons required to give bond, letter of credit or other obligation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 731.028 — OR Code / Title 56 / Chapter 731 / Section 731.028
731.028 Applicability of certain Insurance Code provisions to State Accident Insurance Fund Corporation
Status: in_force

(1) The State Accident Insurance Fund Corporation is subject as a domestic insurer to ORS 731.248 (Orders) , 731.252 (Cease and desist orders) , 731.256 (Enforcement generally) , 731.258 (Enforcement of orders and decisions by Attorney General) , 731.260 (False or misleading filings) , 731.296 (Director’s inquiries) to 731.316 (Expenses of examination of insurer) , 731.488 (Annual audit of insurer) , 731.574 (Annual financial statement) , 731.592 (Reporting criminal conduct involving insurance) , 731.594 (Immunity from civil liability) , 731.730 (Insurer filings with National Association of Insurance Commissioners) , 731.731 (Immunity for certain persons dealing with information collected from filings under ORS 731.730) , 731.735 (Certain information confidential) , 731.737 (Immunity from liability for certain persons filing reports or furnishing information about specified activities to specified persons) , 731.870 (State of emergency) , 731.988 (Civil penalties) , 731.992 (Criminal penalty) , 733.010 (Assets allowed) to 733.060 (Unearned premium reserve) , 733.140 (Disallowance of “wash” transactions) to 733.170 (Accounts and records) , 733.210 (Director’s determinations) , 737.205 (Filing rates, plans with director) , 737.215 (Effect of noncompliance with rating regulation) , 737.225 (Records requirements) , 737.235 (Examining rating systems of insurers) to 737.340 (Initiation of proceedings by aggrieved person to determine lawfulness of filings) , 737.505 (Insured entitled to rate information) and 737.560 (Rating organization membership) , ORS chapters 742, 743, 743A, 743B and 744 and ORS 746.015 (Discrimination) , 746.075 (Misrepresentation generally) , 746.110 (False, deceptive or misleading statements) , 746.145 (Workers’ compensation insurance) to 746.155 (Applicability of ORS 746.145 and 746.150) , 746.230 (Unfair claim settlement practices) and 746.240 (Undefined trade practices injurious to public prohibited) . However:

(a) The requirements of the Director of the Department of Consumer and Business Services under ORS 733.010 (Assets allowed) to 733.060 (Unearned premium reserve) , 733.140 (Disallowance of “wash” transactions) to 733.170 (Accounts and records) and 733.210 (Director’s determinations) govern in the case of a conflict between those requirements and the requirements of any accounting system prescribed by the Oregon Department of Administrative Services.

(b) The filing requirements of ORS 737.205 (Filing rates, plans with director) to 737.340 (Initiation of proceedings by aggrieved person to determine lawfulness of filings) , 737.505 (Insured entitled to rate information) and 737.560 (Rating organization membership) are in lieu of any similar filing requirements prescribed by any other law of this state.

(c) The requirements of ORS chapters 743, 743A and 743B are applicable only with respect to excess workers’ compensation insurance furnished by the corporation.

(d) The provisions of ORS chapter 744 apply only with respect to the regulation of insurance producers.

(e) For each year that the Secretary of State conducts an audit of the State Accident Insurance Fund Corporation under ORS 297.210 (Audits of accounts of state agencies and state-aided institutions and agencies) , the director may accept the audit and a copy of the Secretary of State’s audit report in lieu of the requirements of ORS 731.488 (Annual audit of insurer) if the director determines that the purposes of ORS 731.488 (Annual audit of insurer) are adequately served by the Secretary of State’s audit and report. The Secretary of State shall file a copy of its audit report of the State Accident Insurance Fund Corporation with the director.

(2) The provisions of subsection (1) of this section govern in the case of a conflict between those provisions and the provisions of ORS chapter 656 that apply only to the State Accident Insurance Fund Corporation. [1971 c.385 §2; 1977 c.405 §5; 1979 c.815 §7; 1979 c.829 §7; 1987 c.884 §4; 1989 c.701 §69; 1991 c.340 §1; 1991 c.401 §31; 1993 c.447 §116; 1995 c.79 §356; 1999 c.633 §5; 2003 c.364 §63; 2003 c.689 §1; 2008 c.22 §3]

Source: Section 731.028 — Applicability of certain Insurance Code provisions to State Accident Insurance Fund Corporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 734.210 — OR Code / Title 56 / Chapter 734 / Section 734.210
734.210 Conduct of delinquency proceedings for domestic insurers
Status: in_force

(1) Whenever under this chapter a receiver is to be appointed in delinquency proceedings for an insurer domiciled in this state, the court shall appoint the Director of the Department of Consumer and Business Services as such receiver. The court shall direct the receiver forthwith to take possession of the property of the insurer and to administer the same under the orders of the court.

(2) Any deed or other instrument executed under this chapter shall be valid and effectual for all purposes as though the same had been executed by the person affected by any proceedings under this chapter or by its officers pursuant to the direction of its governing board or authority. The filing or recording of the order directing possession to be taken, or a certified copy thereof, in the office where instruments affecting title to property are required to be filed or recorded shall impart the same notice as would be imparted by a deed, bill of sale or other evidence of title duly filed or recorded.

(3) In cases where any real property sold by the director is located in a county other than the county wherein the proceeding is pending, the director shall cause a certified copy of the order of the appointment, or order authorizing or ratifying the sale, to be filed with the recording officer for the county in which the property is located.

(4) The director as domiciliary receiver shall be responsible on the official bond of the director for the proper administration of all property coming into the possession or control of the director. The court may at any time require an additional bond from the director or the deputies of the director if deemed desirable for the protection of the property. [Formerly 751.020]

Source: Section 734.210 — Conduct of delinquency proceedings for domestic insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743b.227 — OR Code / Title 56 / Chapter 743b / Section 743b.227
743B.227 Referrals to specialists
Status: in_force

(1) If an insurer offers a health benefit plan that requires, as a condition of coverage for specialty care services, a referral by a physician who is authorized under the plan or under the medical services contract between the physician and the insurer to refer an enrollee to specialty care services, the insurer must include the requirements of this section in the plan. The requirements apply only to benefits for which the member is contractually eligible under the plan. The requirements are as follows:

(a) The plan must establish and implement a procedure for standing referrals, so that an enrollee is not required to obtain approval from the authorized physician for each appointment with a specialist after the initial appointment.

(b) The plan must allow a standing referral for an enrollee if the authorized physician determines that the enrollee needs continuing care from a specialist.

(c) The plan must allow an enrollee to request and obtain a second medical opinion or consultation from a second physician who is a network provider and who is authorized to make decisions regarding the need for a referral to a specialist. If the plan does not have a network provider available to give a second medical opinion or consultation, the plan must allow the enrollee to obtain the opinion or consultation from a similarly qualified physician who is not a network provider. The plan may not impose a charge for the second medical opinion or consultation that is greater than the cost that the enrollee would otherwise pay for an initial medical opinion or consultation from the second physician.

(2) A specialist to whom an enrollee is referred must make regular reports to the authorized physician under subsection (1) of this section in accordance with best practices for coordinated care as established by the insurer. [Formerly 743.856]

Source: Section 743B.227 — Referrals to specialists , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 734.695 — OR Code / Title 56 / Chapter 734 / Section 734.695
734.695 Liability of insured of insolvent insurer
Status: in_force

(1) The insured of an insolvent insurer may not be personally liable for amounts due any reinsurer, insurer, insurance pool or underwriting association as subrogation recoveries or otherwise up to the applicable limits of liability provided by the insurance policy issued by the insolvent insurer.

(2) Notwithstanding the provisions of subsection (1) of this section, and except for claims arising out of workers’ compensation policies subject to ORS chapter 656, the Oregon Insurance Guaranty Association may recover from the following persons the amount of any covered claim paid on behalf of such person under ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) :

(a) Any insured whose net worth exceeds $25 million on December 31 of the year next preceding the date the insurer becomes an insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) ; and

(b) Any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) . [1977 c.793 §4; 2001 c.974 §2]

Source: Section 734.695 — Liability of insured of insolvent insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 732.616 — OR Code / Title 56 / Chapter 732 / Section 732.616
732.616 Reorganization involving organization of stock holding company
Status: in_force

(1) Upon the effective date of a reorganization involving the organization of a stock holding company, the membership interests of all members of the converting mutual insurer, whether or not eligible members, shall be extinguished, and the eligible members of the converting mutual insurer shall be entitled to receive the consideration described in ORS 732.612 (Consideration for membership interest in converting or reorganizing mutual insurer) in accordance with the plan.

(2) The stock holding company and any direct or indirect subsidiary of the stock holding company shall be organized at the time or times set forth in the plan.

(3) As part of the plan of reorganization or in a separate transaction after the effective date of the reorganization, a stock holding company may organize one or more direct or indirect subsidiaries to conduct noninsurance business or businesses. The subsidiaries may be affiliated with the converted stock insurer or any direct or indirect parent corporation of the converted stock insurer.

(4) Shares of capital stock or other securities of the converted stock insurer, the stock holding company or any direct or indirect subsidiary of the stock holding company may be issued or sold in accordance with the plan or after the effective date of the reorganization.

(5) Unless otherwise specified in the plan, the directors and officers of the converting mutual insurer shall serve as directors and officers of the stock holding company and any direct or indirect subsidiary of the stock holding company until new directors and officers are elected.

(6) The Director of the Department of Consumer and Business Services retains jurisdiction over the stock holding company and any direct or indirect subsidiary of the stock holding company as provided in this section and as provided in ORS 732.517 (Purpose of ORS 732.517 to 732.546) to 732.596 (Request by insurance holding company system for determination or acknowledgement of group-wide supervisor) . [1997 c.771 §8]

Source: Section 732.616 — Reorganization involving organization of stock holding company; subsidiaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 732.606 — OR Code / Title 56 / Chapter 732 / Section 732.606
732.606 Plan for conversion or reorganization
Status: in_force

(1) In order for a domestic mutual insurer to engage in a conversion or reorganization as provided in ORS 732.604 (Permissible actions of domestic mutual insurer) , the board of directors of the mutual insurer must adopt a plan that meets the requirements of ORS 732.610 (Contents of plan) .

(2) After the board of directors of a mutual insurer has adopted a plan and before the board of directors seeks approval of the plan by the eligible members of the mutual insurer, the mutual insurer shall file the following documents with the Director of the Department of Consumer and Business Services:

(a) The plan of conversion or reorganization.

(b) The form of notice of the meeting at which the eligible members vote on the plan.

(c) The form of any proxies to be solicited from the eligible members. Proxies must offer the eligible members the option of voting in favor or voting against the plan or abstaining.

(d) Information required by ORS 732.523 (Procedure for acquiring controlling interest of capital stock) .

(e) Other information or documentation required by the director.

(3) The director shall approve, conditionally approve or disapprove a plan and other documents submitted under subsection (2) of this section, according to the standards established in ORS 732.626 (Plan review and approval) . The director must take such action not later than the 60th day after the director has received a completed filing of the plan and all information requested by the director or not later than the 30th day after the completion of a hearing on the plan, whichever date is later.

(4) At any time before approval of a plan by the director, the board of directors of the mutual insurer may amend or withdraw the plan.

(5) After approval by the director, the plan must be approved by the eligible members of the mutual insurer. Approval by the eligible members is subject to the following requirements:

(a) All eligible members must be given notice of the plan and of their opportunity to vote on the plan. A copy of the plan or a summary of the plan must accompany the notice. The notice shall be mailed to the last known address of each eligible member, as shown on the records of the mutual insurer, not later than the 45th day after approval of the plan by the director. The meeting of the eligible members at which a vote on the plan will occur shall be set for a date that is not earlier than the 30th day after the date on which the mutual insurer mailed the notice of the meeting. If the mutual insurer complies substantially and in good faith with the notice requirements of this section, the mutual insurer’s failure to give any member or members any required notice does not impair the validity of any action taken under this section.

(b) The vote required for approval must be conducted as provided in ORS 732.470 (Voting rights of members of mutual insurer) and 732.475 (Members’ meetings and procedures of domestic mutual and reciprocal insurers) , except as follows:

(A) Only eligible members may vote on the plan.

(B) An eligible member may vote in person or by proxy at the meeting at which the plan is voted upon.

(C) The plan is approved by the eligible members upon the affirmative vote of two-thirds or more of the eligible members voting on the plan, unless the articles of incorporation require a greater number of affirmative votes.

(6) The plan shall be carried out in accordance with its terms on the effective date of the conversion or reorganization. [1997 c.771 §4; 2001 c.352 §2]

Source: Section 732.606 — Plan for conversion or reorganization; documents filed; approval by director and members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 743.333 — OR Code / Title 56 / Chapter 743 / Section 743.333
743.333 Termination of individual coverage
Status: in_force

A group life insurance policy shall contain a provision that if the insurance, or any portion of it, on a person covered under the policy ceases because of termination of employment or of membership in the class or classes eligible for coverage under the policy, such person shall be entitled to have issued by the insurer, without evidence of insurability, an individual policy of life insurance without disability or other supplementary benefits, provided application for the individual policy shall be made, and the first premium paid to the insurer, within 31 days after such termination, and provided further that:

(1) The individual policy shall, at the option of such person, be on any one of the forms, except term insurance, then customarily issued by the insurer at the age and for the amount applied for;

(2) The individual policy shall be in an amount not in excess of the amount of life insurance which ceases because of such termination, less the amount of any life insurance for which such person is or becomes eligible under the same or any other group policy within 31 days after such termination, provided that any amount of insurance which shall have matured on or before the date of such termination as an endowment payable to the person insured, whether in one sum or in installments or in the form of an annuity, shall not, for the purposes of this provision, be included in the amount which is considered to cease because of such termination; and

(3) The premium on the individual policy shall be at the insurer’s then customary rate applicable to the form and amount of the individual policy, to the class of risk to which such person then belongs, and to the age attained on the effective date of the individual policy. [1967 c.359 §422]

Source: Section 743.333 — Termination of individual coverage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 742.468 — OR Code / Title 56 / Chapter 742 / Section 742.468
742.468 Certain policies not considered motor vehicle liability policies
Status: in_force

For purposes of statutes mandating kinds or amounts of coverage that motor vehicle liability policies must contain, the following shall not be considered motor vehicle liability policies:

(1) Comprehensive general liability policies.

(2) Excess liability policies.

(3) Umbrella liability policies. [1993 c.709 §10]

Source: Section 742.468 — Certain policies not considered motor vehicle liability policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743a.260 — OR Code / Title 56 / Chapter 743a / Section 743a.260
743A.260 Inmates
Status: in_force

(1) As used in this section:

(a) “Detainee” means an insured who is:

(A) In the custody of a local supervisory authority pending the disposition of charges; or

(B) In a detention facility pending final adjudication by a juvenile court.

(b) “Detention facility” has the meaning given that term in ORS 419A.004 (Definitions) .

(c) “Health benefit plan” has the meaning given that term in ORS 743B.005 (Definitions) .

(d) “Supervisory authority” has the meaning given that term in ORS 144.087 (“Supervisory authority” defined) .

(2) Except as provided in subsection (4) of this section, an insurer offering a health benefit plan may not deny reimbursement for any service or supply covered by the plan or cancel the coverage of an insured under the plan on the basis that:

(a) The insured is a detainee;

(b) The insured receives publicly funded medical care while in the custody of a local supervisory authority or in a detention facility; or

(c) The care was provided to the insured by an employee or contractor of a county, a local supervisory authority or a detention facility, if the employee or contractor meets the credentialing criteria of the health benefit plan.

(3) An insurer shall reimburse a county for the costs of covered services or supplies provided to a detainee, in an amount that is no less than 115 percent of the Medicare rate for the service or supply.

(4) An insurer offering a health benefit plan may:

(a) Deny coverage for the treatment of injuries resulting from a violation of law;

(b) Exclude from any requirements for reporting quality outcomes or performance, any covered services provided to a detainee;

(c) Impose utilization controls under the health benefit plan that apply to services provided by in-network providers to insureds who are not in custody or in a detention facility, including a requirement for prior authorization;

(d) Impose the requirements for billing and medical coding for covered services provided to a detainee that the insurer imposes on other providers;

(e) Deny coverage of diagnostic tests or health evaluations required, as a matter of course, for all detainees;

(f) Limit coverage of hospital and ambulatory surgical center services provided to a detainee to services provided by in-network hospitals and ambulatory surgical centers; and

(g) Reimburse an out-of-network renal dialysis facility at either the in-network or the out-of-network rate paid by the insurer for dialysis provided to a detainee.

(5) Intentionally left blank —Ed.

(a) An insurer may not refuse to credential a health care provider who is an employee or contractor of a county, a local supervisory authority or a detention facility on the basis that the employee or contractor provides the services in a facility operated by the local supervisory authority or in a detention facility.

(b) If an insurer refuses to credential a health care provider who is an employee or contractor of a county, a local supervisory authority or a detention facility, the insurer must give written notice to the provider explaining the reasons for the refusal.

(6) This section does not:

(a) Impair any right of an employer to remove an employee from coverage under a health benefit plan;

(b) Release carriers from the requirement to coordinate benefits for persons who are insured by more than one carrier; or

(c) Limit an insurer’s right to rescind coverage in accordance with ORS 743B.310 (Rescinding coverage) .

(7) A public body, as defined in ORS 174.109 (“Public body” defined) , may not pay health benefit plan premiums on behalf of a detainee. [2014 c.97 §2; 2017 c.329 §1]

Note: See 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) .

Note: 743A.260 (Inmates) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743A.260 — Inmates , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 743a.010 — OR Code / Title 56 / Chapter 743a / Section 743a.010
743A.010 Services provided by state hospital or state approved program
Status: in_force

No policy of health insurance shall exclude from payment or reimbursement losses incurred by an insured for any covered service because the service was rendered at any hospital owned or operated by the State of Oregon or any state approved community mental health program or community developmental disabilities program. [Formerly 743.701; 2011 c.720 §221]

Source: Section 743A.010 — Services provided by state hospital or state approved program , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 744.318 — OR Code / Title 56 / Chapter 744 / Section 744.318
744.318 Definitions for ORS 744.318 to 744.384
Status: in_force

As used in ORS 744.318 (Definitions for ORS 744.318 to 744.384) to 744.384 (Rules) , 744.991 (Criminal penalties) and 744.992 (Civil penalties) :

(1) “Advertising” means any written, electronic or printed communication or any communication by means of recorded telephone messages or transmission on radio, television, the Internet or similar communications media, including film strips, motion pictures and videos, published, disseminated, circulated or placed directly before the public in this state for the purpose of creating an interest in or inducing a person to purchase or sell, assign, devise, bequest or transfer the death benefit or ownership of a life insurance policy or to purchase or sell, assign, devise, bequest or transfer the death benefit or ownership of a life insurance policy pursuant to a life settlement contract.

(2) “Business of life settlements” means an activity involved in, but not limited to, the offering, soliciting, negotiating, procuring, effectuating, purchasing, investing, financing, monitoring, tracking, underwriting, selling, transferring, assigning, pledging, hypothecating or in any other manner acquiring an interest in a life insurance policy by means of a life settlement contract.

(3) “Chronically ill” means:

(a) Being unable to perform at least two activities of daily living, such as eating, toileting, moving around, bathing or dressing;

(b) Requiring substantial supervision to protect the individual from threats to health and safety due to severe cognitive impairment; or

(c) Having a level of disability similar to that described in paragraph (a) of this subsection as determined by the Director of the Department of Consumer and Business Services.

(4) Intentionally left blank —Ed.

(a) “Financing entity” means an underwriter, placement agent, lender, purchaser of securities, purchaser of a policy or certificate from a life settlement provider, credit enhancer or any other person or entity that has a direct ownership in a policy or certificate that is the subject of a life settlement contract, but:

(A) Whose principal activity related to the transaction is providing funds to effect the life settlement or purchase of one or more settled policies; and

(B) Who has an agreement in writing with one or more licensed life settlement providers to finance the acquisition of life settlement contracts.

(b) “Financing entity” does not include a nonaccredited investor or a life settlement purchaser.

(5) “Licensee” means a life settlement provider, life settlement broker or life settlement investment agent.

(6) “Life insurance producer” means any person licensed in this state as a resident or nonresident insurance producer who has received qualification or authority under ORS 744.062 (Issuance of insurance producer license) or 744.063 (Nonresident insurance producer license) to transact life insurance.

(7) Intentionally left blank —Ed.

(a) “Life settlement broker” means a person, including a life insurance producer, working exclusively on behalf of an owner and for a fee, commission or other valuable consideration, who offers or attempts to negotiate life settlement contracts between an owner and one or more life settlement providers or one or more life settlement brokers. Notwithstanding the manner in which the life settlement broker is compensated, a life settlement broker is deemed to represent only the owner, and not the life insurance producer or the life settlement provider, and owes a fiduciary duty to the owner to act according to the owner’s instructions and in the best interest of the owner.

(b) “Life settlement broker” does not include an attorney, a certified public accountant or a financial planner, accredited by a nationally recognized accreditation agency, who is retained to represent the owner and whose compensation is not paid directly or indirectly by the life settlement provider or purchaser.

(8) Intentionally left blank —Ed.

(a) “Life settlement contract” means a written agreement between an owner and a life settlement provider or any affiliate of the life settlement provider establishing the terms under which compensation or anything of value is or will be paid, which compensation or value is less than the expected death benefits of the policy, in return for the owner’s present or future assignment, transfer, sale, devise or bequest of the death benefit or ownership of any portion of the insurance policy or certificate of insurance.

(b) “Life settlement contract” includes the transfer for compensation or value of ownership or beneficial interest in a trust or other entity that owns a life insurance policy or certificate of insurance if the trust or other entity was formed for the principal purpose of acquiring one or more life insurance contracts insuring the life of a person residing in this state.

(c) “Life settlement contract” also includes a premium finance loan made for a life insurance policy by a lender to an owner on, before or after the date of issuance of the policy if:

(A) The owner or the insured receives on the date of the premium finance loan a guarantee of a future life settlement value of the policy; or

(B) The owner or the insured agrees on the date of the premium finance loan to sell the policy or any portion of its death benefit on any date following the issuance of the policy.

(d) “Life settlement contract” does not include:

(A) A policy loan or accelerated death benefit made by the insurer pursuant to the policy’s terms;

(B) Loan proceeds that are used solely to pay:

(i) Premiums for the policy; or

(ii) The costs of the loan, including, without limitation, interest, arrangement fees, utilization fees and similar fees, closing costs, legal fees and expenses, trustee fees and expenses and third party collateral provider fees and expenses, including fees payable to letter of credit issuers;

(C) A loan made by a bank or other licensed financial institution in which the lender takes an interest in a life insurance policy solely to secure repayment of a loan or, if there is a default on the loan and the policy is transferred, the transfer of such a policy by the lender. However, neither the default itself nor the transfer of the policy in connection with a default may occur pursuant to an agreement or understanding with any other person for the purpose of evading regulation under ORS 744.318 (Definitions for ORS 744.318 to 744.384) to 744.384 (Rules) , 744.991 (Criminal penalties) and 744.992 (Civil penalties) ;

(D) A premium finance loan made by a lender that does not violate the provisions of ORS 746.405 (Definitions for ORS 746.405 to 746.530) to 746.530 (Attorney fees) , if the premium finance loan is not described in paragraph (c) of this subsection;

(E) An agreement in which all the parties are closely related to the insured by blood or law or have a lawful substantial economic interest in the continued life, health and bodily safety of the person insured, or are trusts established primarily for the benefit of such parties;

(F) Any designation, consent or agreement by an insured who is an employee of an employer in connection with the purchase by the employer, or trust established by the employer, of life insurance on the life of the employee;

(G) A legitimate business succession planning arrangement:

(i) Between one or more shareholders in a corporation or between a corporation and one or more of its shareholders or one or more trusts established by its shareholders;

(ii) Between one or more partners in a partnership or between a partnership and one or more of its partners or one or more trusts established by its partners; or

(iii) Between one or more members in a limited liability company or between a limited liability company and one or more of its members or one or more trusts established by its members;

(H) An agreement entered into by a service recipient, or a trust established by the service recipient and a service provider, or a trust established by the service provider, who performs significant services for the service recipient’s trade or business; or

(I) Any other contract, transaction or arrangement exempted from the definition of life settlement contract by the director based on a determination that the contract, transaction or arrangement is not of the type intended to be regulated by ORS 744.318 (Definitions for ORS 744.318 to 744.384) to ORS 744.384 (Rules) , 744.991 (Criminal penalties) and 744.992 (Civil penalties) .

(9) “Life settlement investment agent” means a person who is an appointed or contracted agent of a licensed life settlement provider who solicits or arranges the funding for the purchase of a life settlement by a life settlement purchaser and who is acting on behalf of a life settlement provider.

(10) Intentionally left blank —Ed.

(a) “Life settlement provider” means a person, other than an owner, that enters into or effectuates a life settlement contract with an owner resident in this state.

(b) “Life settlement provider” does not include:

(A) A bank, savings bank, savings and loan association, credit union or other licensed lending institution that takes an assignment of a life insurance policy solely as collateral for a loan;

(B) A premium finance company making premium finance loans and exempted by the director from the licensing requirement under ORS 746.405 (Definitions for ORS 746.405 to 746.530) to 746.530 (Attorney fees) that takes an assignment of a life insurance policy solely as collateral for a loan;

(C) The issuer of the life insurance policy;

(D) An insurer certified under ORS 731.354 (Certificate of authority required) or accredited under ORS 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) that provides stop loss coverage or financial guaranty insurance to a life settlement provider, purchaser, financing entity, special purpose entity or related provider trust;

(E) An individual who enters into or effectuates no more than one agreement in a calendar year for the transfer of life insurance policies for any value less than the expected death benefit;

(F) A financing entity;

(G) A special purpose entity;

(H) A related provider trust;

(I) A life settlement purchaser; or

(J) Any other person that the director determines is not the type of person intended to be covered by the definition of “life settlement provider.”

(11) “Life settlement purchase agreement” means a contract or agreement, entered into by a life settlement purchaser and to which the owner is not a party, to purchase a life insurance policy or an interest in a life insurance policy that is entered into for the purpose of deriving an economic benefit.

(12) Intentionally left blank —Ed.

(a) “Life settlement purchaser” means a person who, to derive an economic benefit:

(A) Provides a sum of money as consideration for a life insurance policy or an interest in the death benefits of a life insurance policy; or

(B) Owns or acquires or is entitled to a beneficial interest in a trust that owns a life settlement contract or is the beneficiary of a life insurance policy that has been or will be the subject of a life settlement contract.

(b) “Life settlement purchaser” does not include:

(A) A licensee under ORS 744.321 (Life settlement providers) , 744.323 (Life settlement brokers) or 744.324 (Life settlement investment agents) ;

(B) An accredited investor or qualified institutional buyer as defined in Rule 501(a) or Rule 144A promulgated under the Federal Securities Act of 1933, as amended;

(C) A financing entity;

(D) A special purpose entity; or

(E) A related provider trust.

(13) Intentionally left blank —Ed.

(a) “Owner” means the owner of a life insurance policy or a certificate holder under a group policy who resides in this state and enters or seeks to enter into a life settlement contract. For the purposes of ORS 744.318 (Definitions for ORS 744.318 to 744.384) to 744.384 (Rules) , 744.991 (Criminal penalties) and 744.992 (Civil penalties) , an owner shall not be limited to an owner of a life insurance policy or a certificate holder under a group policy insuring the life of an individual with a terminal or chronic illness or condition except when specifically addressed. If there is more than one owner on a single policy and the owners are residents of different states, the transaction shall be governed by the law of the state in which the owner having the largest ownership percentage resides or, if the owners hold equal ownership, the state of residence of one owner agreed upon in writing by all the owners.

(b) “Owner” does not include:

(A) A licensee under ORS 744.321 (Life settlement providers) , 744.323 (Life settlement brokers) or 744.324 (Life settlement investment agents) , including a life insurance producer acting as a life settlement broker under ORS 744.323 (Life settlement brokers) ;

(B) A qualified institutional buyer as defined in Rule 144A promulgated under the Federal Securities Act of 1933, as amended;

(C) A financing entity;

(D) A special purpose entity; or

(E) A related provider trust.

(14) “Policy” means an individual or group policy, group certificate, contract or arrangement of life insurance owned by a resident of this state, regardless of whether delivered or issued for delivery in this state.

(15) “Related provider trust” means a trust established by a licensed life settlement provider or a financing entity for the sole purpose of holding the ownership or beneficial interest in purchased policies in connection with a financing transaction.

(16) “Settled policy” means a life insurance policy or certificate that has been acquired by a life settlement provider pursuant to a life settlement contract.

(17) “Special purpose entity” means a corporation, partnership, trust, limited liability company or other similar entity formed solely to provide either direct or indirect access to institutional capital markets:

(a) For a financing entity or licensed life settlement provider;

(b) In connection with a transaction in which the securities in the special purpose entity are acquired by the owner or by qualified institutional buyers as defined in Rule 144 promulgated under the Securities Act of 1933, as amended; or

(c) In connection with a transaction in which the securities pay a fixed rate of return commensurate with established asset-backed institutional capital markets.

(18) Intentionally left blank —Ed.

(a) “Stranger-originated life insurance” means a practice or a plan to initiate a life insurance policy for the benefit of a third party investor who, at the time of policy origination, has no insurable interest in the insured. Such practices include but are not limited to cases in which life insurance is purchased with resources or guarantees from or through a person or entity who, at the time of policy inception, could not lawfully initiate the policy, and for which, at the time of policy inception, there is an arrangement or agreement, whether verbal or written, to directly or indirectly transfer the ownership of the policy or the policy benefits to a third party.

(b) Trusts that are created to give the appearance of insurable interest, and are used to initiate policies for investors, are considered stranger-originated life insurance arrangements.

(c) Stranger-originated life insurance arrangements do not include those practices set forth in subsection (8)(d) of this section.

(19) “Terminally ill” means having an illness or sickness that can reasonably be expected to result in death in 24 months or less. [2009 c.711 §2]

Source: Section 744.318 — Definitions for ORS 744.318 to 744.384 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 742.011 — OR Code / Title 56 / Chapter 742 / Section 742.011
742.011 Insurable interest in property
Status: in_force

No policy of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss. [Formerly 743.033]

Source: Section 742.011 — Insurable interest in property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743b.342 — OR Code / Title 56 / Chapter 743b / Section 743b.342
743B.342 Continuation of benefits after injury or illness covered by workers’ compensation
Status: in_force

Every policy of group health insurance delivered or issued for delivery in this state shall contain a provision applicable to the coverage for hospital or medical services or expenses provided under the policy that if an employee incurs an injury or illness for which a workers’ compensation claim is filed, that policy will continue in effect with respect to that employee upon timely payment by the employee of the premium that includes the individual contribution and the contribution due from the employer under the applicable benefit plan. The employee may maintain such coverage until whichever of the following events first occurs:

(1) The employee takes full-time employment with another employer; or

(2) Six months from the date that the employee first makes payment under this section. [Formerly 743.530]

Source: Section 743B.342 — Continuation of benefits after injury or illness covered by workers’ compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743.374 — OR Code / Title 56 / Chapter 743 / Section 743.374
743.374 Limits on amount of credit life insurance
Status: in_force

(1) The initial amount of credit life insurance shall not exceed the total amount repayable under the contract of indebtedness and, where an indebtedness is repayable in substantially equal installments, the amount of insurance shall at no time exceed the scheduled or actual amount of unpaid indebtedness, whichever is greater.

(2) Notwithstanding the provisions of subsection (1) of this section, insurance on agricultural credit transaction commitments not exceeding 18 months in duration may be written up to the amount of the loan commitment, on a nondecreasing or level term plan.

(3) Notwithstanding the provisions of subsection (1) of this section, insurance on educational credit transaction commitments may include the portion of such commitment that has not been advanced by the creditor. [Formerly 743.570]

Source: Section 743.374 — Limits on amount of credit life insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 732.611 — OR Code / Title 56 / Chapter 732 / Section 732.611
732.611 Eligible member of domestic mutual insurer or mutual holding company
Status: in_force

(1) Intentionally left blank —Ed.

(a) A member is an eligible member of a domestic mutual insurer for purposes of ORS 732.600 (Definitions for ORS 732.600 to 732.630) to 732.630 (Dissenters’ rights) if the member’s policy is in force as of the record date for a plan of conversion or reorganization.

(b) For purposes of this subsection, the record date is the date on which the mutual insurer’s board of directors adopts the plan of conversion or reorganization or on some other date that the plan specifies as the record date and that the Director of the Department of Consumer and Business Services approves.

(2) Intentionally left blank —Ed.

(a) A member is an eligible member of a mutual holding company for purposes of ORS 732.622 (Restructuring of mutual holding company) and 732.624 (Approval by Director of Department of Consumer and Business Services of mutual holding company restructuring plan) if the member’s policy is in force as of the record date for a plan of restructuring.

(b) For purposes of this subsection, the record date is the date on which the mutual holding company’s board of directors adopts the plan of restructuring or on another date the plan specifies as the record date and that the director approves. [2013 c.370 §14]

Source: Section 732.611 — Eligible member of domestic mutual insurer or mutual holding company; record date , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 743.221 — OR Code / Title 56 / Chapter 743 / Section 743.221
743.221 Cash surrender values upon default in premium payment
Status: in_force

(1) This section shall apply to all life insurance policies issued on or after January 1, 1986.

(2) Any cash surrender value available in the event of default in a premium payment due on any policy anniversary under a life insurance policy to which this section applies shall be in an amount which does not differ, by more than two-tenths of one percent of the amount of insurance, if uniform, or the average of the amounts of insurance at the beginning of each of the first 10 policy years, from A plus B minus C, where these amounts are defined as follows:

(a) “A” equals the basic cash value on such anniversary as defined in subsection (3) of this section.

(b) “B” equals the present value on such anniversary of any existing paid-up additions.

(c) “C” equals the amount of any indebtedness to the insurer under the policy on such anniversary.

(3) Intentionally left blank —Ed.

(a) The basic cash value referred to in subsection (2) of this section shall equal the present value, on a particular subject policy anniversary, of the future guaranteed benefits which would have been provided for by the policy if there had been no premium default, excluding any existing paid-up additions and before deduction of any indebtedness to the insurer, less the present value on such anniversary of the nonforfeiture factors, as defined in subsection (4) of this section, corresponding to premiums which would have fallen due on and after such anniversary. The basic cash value shall be taken as zero if this calculation produces a negative result.

(b) Supplemental life insurance or annuity benefits and family coverage, as described in ORS 743.210 (Determination of cash surrender values) or 743.216 (Adjusted premiums) , whichever is applicable to the policy, shall affect the basic cash value in the same manner as is provided in ORS 743.210 (Determination of cash surrender values) or 743.216 (Adjusted premiums) for their effect on the cash surrender values.

(4) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the nonforfeiture factor referred to in subsection (3) of this section shall for each policy year equal a percentage of the adjusted premium for that policy year as defined in ORS 743.215 (Calculation of adjusted premiums) or 743.216 (Adjusted premiums) , whichever is applicable to the policy. This percentage must:

(A) Be uniform for each policy year between the second policy anniversary and the later of:

(i) The fifth policy anniversary; and

(ii) The first policy anniversary at which there is available under the policy a cash surrender value in an amount, before including any paid-up additions and before deducting any indebtedness, at least equal to two-tenths of one percent of the amount of insurance, if uniform, or of the average of the amounts of insurance at the beginning of each of the first 10 policy years; and

(B) Be such that no percentage after the later policy anniversary defined in subparagraph (A) of this paragraph applies to fewer than five consecutive policy years.

(b) No basic cash value may be less than the value which would be obtained if the adjusted premiums for the policy as defined in ORS 743.215 (Calculation of adjusted premiums) or 743.216 (Adjusted premiums) , whichever is applicable to the policy, were substituted for the nonforfeiture factors defined in this subsection in the calculation of the basic cash value.

(5) All adjusted premiums and present values referred to in this section shall for a particular policy be calculated on the same mortality and interest bases as are used in demonstrating the compliance of the policy with the Standard Nonforfeiture Law for Life Insurance. The cash surrender values referred to in this section shall include any endowment benefits provided for by the policy.

(6) Intentionally left blank —Ed.

(a) Any cash surrender value available other than in the event of default in a premium payment due on a policy anniversary, and the amount of any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment, shall be determined in a manner consistent with the manner specified for determining the analogous minimum amounts under the Standard Nonforfeiture Law for Life Insurance.

(b) The amounts of any cash surrender values and any paid-up nonforfeiture benefits granted in connection with additional benefits such as those described in ORS 743.222 (Policy benefits and premiums that shall be disregarded in calculating cash surrender values and paid-up nonforfeiture benefits) shall conform with the principles of this section. [1981 c.609 §21]

Source: Section 743.221 — Cash surrender values upon default in premium payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 737.340 — OR Code / Title 56 / Chapter 737 / Section 737.340
737.340 Initiation of proceedings by aggrieved person to determine lawfulness of filings
Status: in_force

(1) Any person aggrieved with respect to any filing that is in effect, other than the insurer or rating organization that made the filing, may make written application to the Director of the Department of Consumer and Business Services for a hearing on the filing. The application shall specify the grounds to be relied upon by the applicant.

(2) If the director finds that the application is made in good faith, that the applicant would be so aggrieved if the grounds are established, and that such grounds otherwise justify holding such a hearing, the director shall do one of the following:

(a) Issue an order under ORS 737.045 (Remedies of director for violations of chapter) (1). The director shall not act under this paragraph if the filing concerns a rate, rating plan or rating system subject to ORS 737.320 (Review of certain filings) (1).

(b) Hold a hearing, within 30 days after receipt of such application, at a place designated by the director and upon not less than 10 days’ written notice to the applicant and to the insurer or rating organization that made the filing. [Amended by 1967 c.359 §314; 1969 c.690 §9; 1987 c.774 §145]

Source: Section 737.340 — Initiation of proceedings by aggrieved person to determine lawfulness of filings; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 742.368 — OR Code / Title 56 / Chapter 742 / Section 742.368
742.368 Surety insurer may not deny power to execute bond
Status: in_force

A surety insurer executing any bond or undertaking under the provisions of the Insurance Code is estopped in any proceeding, to deny its corporate power to execute such bond or undertaking or to assume such liability, and all such bonds or undertakings shall in any action be construed by the rules applicable to insurance policies and indemnity contracts. [Formerly 747.180 and then 743.756]

Source: Section 742.368 — Surety insurer may not deny power to execute bond; construction of policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 744.724 — OR Code / Title 56 / Chapter 744 / Section 744.724
744.724 Books and records
Status: in_force

(1) Except as provided in subsection (4) of this section, a third party administrator shall maintain and make available to the insurer complete books and records of each transaction performed on behalf of the insurer. The books and records shall be maintained in accordance with prudent standards of insurance recordkeeping and must be maintained for a period of not less than five years from the date of their creation.

(2) The Director of the Department of Consumer and Business Services shall have access to the books and records maintained under subsection (1) of this section for the purpose of examination, audit and inspection. Any document, material or other information in the possession or control of the director that is furnished by a third party administrator, an insurer, an agent or an employee or an agent acting on behalf of the third party administrator, insurer or insurance producer, or that is obtained by the director in an investigation, shall be confidential as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) .

(3) An insurer that has entered into an agreement with a third party administrator shall own the records generated by the third party administrator pertaining to the insurer. However, the third party administrator has the right to continuing access to the books and records to permit the third party administrator to fulfill all of its contractual obligations to insured parties, claimants and the insurer.

(4) If an insurer and third party administrator cancel their agreement, the third party administrator may agree in writing with the insurer to transfer all records to a successor third party administrator. If the agreement includes provisions to transfer the records, the third party administrator is no longer responsible for retaining the records for the five-year period. The successor third party administrator shall acknowledge in writing as part of its agreement with the insurer that it is responsible for retaining the records of the prior third party administrator as required in subsection (1) of this section. [1991 c.812 §14; 2001 c.377 §16; 2003 c.364 §130]

Source: Section 744.724 — Books and records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 731.354 — OR Code / Title 56 / Chapter 731 / Section 731.354
731.354 Certificate of authority required
Status: in_force

No person shall act as an insurer and no insurer shall directly or indirectly transact insurance in this state except as authorized by a subsisting certificate of authority issued to the insurer by the Director of the Department of Consumer and Business Services. [1967 c.359 §73]

Source: Section 731.354 — Certificate of authority required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743.258 — OR Code / Title 56 / Chapter 743 / Section 743.258
743.258 Incontestability
Status: in_force

If any statement other than those relating to age, sex and identity are required as a condition to issuing an annuity or pure endowment policy, the policy shall contain a provision that the policy shall be incontestable after it has been in force during the lifetime of the person or of each of the persons as to whom such statements are required, for a period of two years from its date of issue, except for nonpayment of stipulated payments to the insurer. At the option of the insurer the two year limit within which the policy may be contested shall not apply to any provisions relative to benefits in the event of disability and any provisions which grant insurance specifically against death by accident or accidental means. [1967 c.359 §406]

Source: Section 743.258 — Incontestability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743.336 — OR Code / Title 56 / Chapter 743 / Section 743.336
743.336 Termination of policy or class of insured persons
Status: in_force

A group life insurance policy shall contain a provision that if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, every person insured thereunder at the date of such termination whose insurance terminates and who has been so insured for at least five years prior to such termination date shall be entitled to have issued by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided by ORS 743.333 (Termination of individual coverage) , except that the group policy may provide that the amount of such individual policy shall not exceed the smaller of:

(1) The amount of the person’s life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which the person is or becomes eligible under any group policy issued or reinstated by the same or another insurer within 31 days after such termination; and

(2) $10,000. [1967 c.359 §423; 1989 c.784 §16]

Source: Section 743.336 — Termination of policy or class of insured persons , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743a.180 — OR Code / Title 56 / Chapter 743a / Section 743a.180
743A.180 Tourette Syndrome
Status: in_force

For purpose of coverage by group health insurers, health care service contractors and health maintenance organizations, reimbursement for treatment of Tourette Syndrome shall be made on the basis of the diagnosis and treatment modality employed. [Formerly 743.717]

Note: See 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) .

Source: Section 743A.180 — Tourette Syndrome , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 733.510 — OR Code / Title 56 / Chapter 733 / Section 733.510
733.510 Investments of insurers
Status: in_force

(1) Funds of a domestic insurer shall be invested, reinvested and used in the manner and subject to the conditions, restrictions and limitations set forth in ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) .

(2) Investments of a foreign or alien insurer which would be authorized for a like domestic insurer shall be allowed as assets in any determination of its financial condition. Other investments of a foreign or alien insurer which are authorized by the laws of its domicile may be so allowed at the discretion of the Director of the Department of Consumer and Business Services.

(3) The director may adopt rules establishing standards and limitations for investments by insurers that are not otherwise specifically permitted or prohibited by ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) .

(4) The investment program of an insurer must take into account the safety of the principal of the insurer, investment yield and return, stability in the value of the investment, liquidity necessary for expected business needs of the insurer and investment diversification according to standards established by rule. The director may direct an insurer to take action to conform to the requirements of this subsection. [Formerly 738.235; 1989 c.425 §2; 1993 c.447 §21]

Source: Section 733.510 — Investments of insurers; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 746.215 — OR Code / Title 56 / Chapter 746 / Section 746.215
746.215 Regulation of depository institutions with regard to insurance sales or solicitations
Status: in_force

(1) A depository institution or an affiliate of a depository institution that lends money or extends credit may not:

(a) As a condition precedent to the lending of money or extension of credit, or any renewal thereof, require that the person to whom the money or credit is extended, or whose obligation a creditor is to acquire or finance, negotiate any policy or renewal thereof through a particular insurer or group of insurers or insurance producer or group of insurance producers.

(b) Reject an insurance policy solely because the policy has been issued or underwritten by a person who is not associated with the depository institution or affiliate when insurance is required in connection with a loan or the extension of credit.

(c) As a condition for extending credit or offering any product or service that is equivalent to an extension of credit, require that a customer obtain insurance from a depository institution or an affiliate of a depository institution, or from a particular insurer or insurance producer. This paragraph does not prohibit a depository institution or an affiliate of a depository institution from informing a customer or prospective customer that insurance is required in order to obtain a loan or credit, that loan or credit approval is contingent upon the procurement by the customer of acceptable insurance or that insurance is available from the depository institution or an affiliate of the depository institution.

(d) Unreasonably reject an insurance policy furnished by the customer or borrower for the protection of the property securing the credit or loan. A rejection is not considered unreasonable if it is based on reasonable standards that are uniformly applied and that relate to the extent of coverage required and to the financial soundness and the services of an insurer. The standards may not discriminate against any particular type of insurer or call for rejection of an insurance policy because the policy contains coverage in addition to that required in the credit transaction.

(e) Require that any customer, borrower, mortgagor, purchaser, insurer or insurance producer pay a separate charge in connection with the handling of any insurance policy required as security for a loan on real estate, or pay a separate charge to substitute the insurance policy of one insurer for that of another. A charge prohibited in this paragraph does not include the interest that may be charged on premium loans or premium advancements in accordance with the terms of the loan or credit document. This paragraph does not apply to charges that would be required when the depository institution or an affiliate of a depository institution is the licensed insurance producer providing the insurance.

(f) Require any procedures or conditions of an insurer or insurance producer not customarily required of insurers or insurance producers affiliated or in any way connected with the depository institution.

(g) Use an advertisement or other insurance promotional material that would cause a reasonable person to mistakenly believe that the federal government or the state is responsible for the insurance sales activity of, or stands behind the credit of, the depository institution or its affiliate.

(h) Use an advertisement or other insurance promotional material that would cause a reasonable person to mistakenly believe that the federal government or the state guarantees any returns on insurance products or is a source of payment on any insurance obligation of or sold by the depository institution or its affiliate.

(i) Act as an insurance producer unless properly licensed in accordance with ORS 744.062 (Issuance of insurance producer license) , 744.063 (Nonresident insurance producer license) or 744.064 (Persons licensed elsewhere) .

(j) Pay or receive any commission, brokerage fee or other compensation as an insurance producer, unless the depository institution or affiliate holds a valid insurance producer license for the applicable class of insurance. However, an unlicensed depository institution or affiliate may make a referral to a licensed insurance producer if the depository institution or affiliate does not negotiate, sell or solicit insurance. In the case of a referral of a customer, however, the unlicensed depository institution or affiliate may be compensated for the referral only if the compensation is a fixed dollar amount for each referral that does not depend on whether the customer purchases the insurance product from the licensed insurance producer. Any depository institution or affiliate that accepts deposits from the public in an area in which such transactions are routinely conducted in the depository institution may receive for each customer referral no more than a one-time, nominal fee of a fixed dollar amount for each referral that does not depend on whether the referral results in a transaction.

(k) Solicit or sell insurance, other than credit insurance or flood insurance, unless the solicitation or sale is completed through documents separate from any credit transactions.

(L) Except as provided in ORS 746.201 (Depository institution to obtain required property insurance when borrower does not) , include the expense of insurance premiums, other than credit insurance premiums or flood insurance premiums, in the primary credit transaction without the express written consent of the customer.

(m) Solicit or sell insurance unless the insurance sales activities of the depository institution or affiliate are, to the extent practicable, physically separated from areas where retail deposits are routinely accepted by depository institutions.

(n) Solicit or sell insurance unless the depository institution or affiliate maintains separate and distinct books and records relating to the insurance transactions, including all files relating to and reflecting consumer complaints.

(2) A depository institution or an affiliate of a depository institution that lends money or extends credit and that solicits insurance primarily for personal, family or household purposes shall disclose to the customer in writing that the insurance related to the credit extension may be purchased from an insurer or insurance producer of the customer’s choice, subject only to the depository institution’s right to reject a given insurer or insurance producer as provided in subsection (1)(d) of this section. The disclosure shall inform the customer that the customer’s choice of insurer or insurance producer will not affect the credit decision or credit terms in any way, except that the depository institution may impose reasonable requirements concerning the creditworthiness of the insurer and the extent of coverage chosen as provided in subsection (1)(d) of this section. [2003 c.363 §3; 2005 c.22 §497]

Note: See note under 746.213 (Definitions for ORS 746.213 to 746.219) .

Source: Section 746.215 — Regulation of depository institutions with regard to insurance sales or solicitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 733.700 — OR Code / Title 56 / Chapter 733 / Section 733.700
733.700 Investment of funds in health care service facilities
Status: in_force

Funds of a health care service contractor may be invested in all real and personal property used exclusively by the contractor to provide authorized health care services. [1967 c.359 §248]

Source: Section 733.700 — Investment of funds in health care service facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).