ORS § 735.158 — OR Code / Title 56 / Chapter 735 / Section 735.158
735.158 Certificate of authority
Status: in_force

(1) Intentionally left blank —Ed.

(a) When permitted by its articles of incorporation or its charter and bylaws, a captive insurer may apply to the Director of the Department of Consumer and Business Services for a certificate of authority to transact any class of insurance.

(b) Notwithstanding paragraph (a) of this subsection:

(A) A pure captive insurer may not insure a risk other than a risk of its parent or affiliate or a controlled unaffiliated business.

(B) An association captive insurer may not insure a risk other than a risk of:

(i) An affiliate;

(ii) A member organization of its association; or

(iii) An affiliate of a member organization of its association.

(C) A captive insurer may not provide workers’ compensation insurance, life insurance, health insurance or any personal property or personal casualty line of insurance, including but not limited to personal motor vehicle insurance coverage and homeowner’s insurance, and any component of such coverage.

(D) A captive insurer may not accept or cede reinsurance except as provided in ORS 735.168 (Allowable risks for captive insurer) .

(2) To transact insurance in this state, a captive insurer must:

(a) Obtain from the director a certificate of authority that authorizes the captive insurer to transact insurance in this state;

(b) Appoint a resident registered agent to accept service of process and to otherwise act on behalf of the captive insurer in this state; and

(c) Intentionally left blank —Ed.

(A) Hold at least once each year in this state a board of directors meeting; and

(B) Maintain in this state:

(i) The principal place of business of the captive insurer; or

(ii) In the case of a branch captive insurer, the principal place of business for the branch operations of the branch captive insurer.

(3) In the case of a captive insurer formed as a corporation, if the registered agent cannot be found with reasonable diligence at the registered office of the captive insurer, the director is the agent of the captive insurer upon whom process, notice or demand may be served.

(4) Intentionally left blank —Ed.

(a) An applicant captive insurer formed as a corporation shall file with the director:

(A) Certified copies of the articles of incorporation or the charter and bylaws of the corporation;

(B) A statement under oath of the president and secretary of the corporation showing the financial condition of the corporation; and

(C) Any other statement or document required by the director as adopted by rule.

(b) In addition to the other information required by this subsection, an applicant captive insurer shall file with the director evidence of:

(A) The amount and liquidity of the assets of the applicant captive insurer relative to the risks to be assumed by the applicant captive insurer;

(B) The adequacy of the expertise, experience and character of the individual who will manage the applicant captive insurer;

(C) The overall soundness of the plan of operation of the applicant captive insurer;

(D) The adequacy of the loss prevention programs for any parent or member organization of the applicant captive insurer; and

(E) Any other factor the director adopts by rule and considers relevant in ascertaining whether the applicant captive insurer is able to meet the policy obligations of the applicant captive insurer.

(5) Intentionally left blank —Ed.

(a) A captive insurer shall pay to the department nonrefundable fees established by the director by rule for:

(A) Examining, investigating and processing the captive insurer’s application for issuance of a certificate of authority;

(B) Obtaining a certificate of authority for the year the director issues a certificate of authority to the captive insurer in an amount not less than $5,000; and

(C) Renewing a certificate of authority in an amount not less than $5,000.

(b) The fees a captive insurer pays to the Department of Consumer and Business Services for obtaining or renewing a certificate of authority are in lieu of any payment of premium assessment on receipt of premium by the captive insurer. Fees for obtaining or renewing a certificate of authority may be increased by the department by rule and may be scaled on the basis of premiums the captive insurer collects in any given year.

(c) The director may retain legal, financial and examination services from outside the department to perform any functions described in ORS 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) and may charge the applicant captive insurer the reasonable cost of services performed.

(6) If the director is satisfied that the documents and statements filed by the applicant captive insurer meet the requirements of ORS 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) , the director may issue a certificate of authority that authorizes the captive insurer to transact insurance in this state.

(7) A certificate of authority issued under this section expires annually and must be renewed by December 31 of each year beginning with the year following the year that the original certificate was issued.

(8) Upon approval of the director, a foreign or alien captive insurer may become a domestic captive insurer by complying with all of the requirements of the Insurance Code relative to the organization and licensing of a domestic captive insurer of the same or equivalent type in this state and by filing with the director certified copies of the insurer’s articles of association, charter or other organizational document, together with any appropriate amendments adopted in accordance with the laws of this state bringing those articles of association, charter or other organizational document into compliance with the laws of this state. After complying with these requirements, the captive insurer is entitled to the necessary or appropriate certificates and licenses to continue transacting insurance in this state and is subject to the authority and jurisdiction of this state. In connection with this redomestication, the director may waive any requirements for public hearings. It is not necessary for a captive insurer redomesticating into this state to merge, consolidate, transfer assets or otherwise engage in any other reorganization, other than as specified in this section. [2012 c.84 §6]

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

Source: Section 735.158 — Certificate of authority; restriction on types of insurance; requirements for certification; requirements for corporations; fees; expiration and renewal of certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 732.055 — OR Code / Title 56 / Chapter 732 / Section 732.055
732.055 Approval or disapproval of application for permit
Status: in_force

(1) Within 90 days after the filing of the application for a permit to organize an insurer, the Director of the Department of Consumer and Business Services shall approve or disapprove the application.

(2) The 90-day period referred to in subsection (1) of this section may be extended by the director for an additional period not to exceed 30 days if the director gives written notice within such 90-day period to the applicant that the director needs such additional time.

(3) The director shall approve an application for a permit to organize an insurer only if the director finds that:

(a) The application is complete;

(b) The documents filed with the application are in proper form;

(c) The proposed financial structure is adequate;

(d) The character, reputation, financial responsibility and general fitness of the persons named in the application or otherwise found to be associated with or have an interest in the proposed insurer are such as to command the confidence of the public;

(e) The proposed directors are collectively competent to assume responsibility for the management and general policies and procedures of an insurer proposing to issue the class or classes of insurance specified;

(f) The proposed management, collectively, possesses the requisite general business ability and experience in the business of insurance of the class or classes specified in the application; and

(g) No fact is then known to the director which would prevent the proposed insurer from completing its organization and receiving a certificate of authority to transact insurance in this state. [1967 c.359 §151]

Source: Section 732.055 — Approval or disapproval of application for permit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 743.230 — OR Code / Title 56 / Chapter 743 / Section 743.230
743.230 Variable life policy provisions
Status: in_force

A variable life insurance policy shall contain in substance the following provisions:

(1) A provision that there will be a period of grace of 30 days within which payment of any premium after the first may be made, during which period of grace the policy will continue in full force. If a claim arises under the policy during such period of grace, the amount of any premiums due or overdue, together with interest not in excess of six percent per annum and any deferred installment of the annual premium, may be deducted from the policy proceeds. The policy may contain a statement of the basis for determining any variation in benefits that may occur as a result of the payment of premium during the period of grace.

(2) A provision that the policy will be reinstated at any time within three years from the date of a default in premium payments, unless the cash surrender value has been paid or the period of extended insurance has expired, upon the production of evidence of insurability satisfactory to the insurer and the payment of an amount not exceeding the greater of:

(a) All overdue premiums and any other indebtedness to the insurer upon said policy with interest at a rate not exceeding six percent per annum; and

(b) One hundred ten percent of the increase in cash surrender value resulting from reinstatement.

(3) A provision for cash surrender values and paid-up insurance benefits available as nonforfeiture options in the event of default in a premium payment after premiums have been paid for a specified period. If the policy does not include a table of figures for the options so available, the policy shall provide that the insurer will furnish, at least once in each policy year, a statement showing the cash value as of a date no earlier than the next preceding policy anniversary.

(a) The method of computation of cash values and other nonforfeiture benefits shall be as described either in the policy or in a statement filed with the Director of the Department of Consumer and Business Services, and shall be actuarially appropriate to the variable nature of the policy.

(b) The method of computation must result, if the net investment return credited to the policy at all times from the date of issue equals the specified investment increment factor, with premiums and benefits determined accordingly under the terms of the policy, in cash values and other nonforfeiture benefits at least equal to the minimum values required by the Standard Nonforfeiture Law for a policy with such premiums and benefits. The method of computation may disregard incidental minimum guarantees as to the dollar amounts payable. Incidental minimum guarantees include, but are not limited to, a guarantee which provides that the amount payable at death or maturity shall be at least equal to the amount that would be payable if the net investment return credited to the policy at all times from the date of issue is equal to the specified investment increment factor.

(4) A provision specifying the investment increment factor to be used in computing the dollar amount of variable benefits or other variable payments or values under the policy, and guaranteeing that expense and mortality results will not adversely affect such dollar amounts. [1973 c.435 §18]

Source: Section 743.230 — Variable life policy provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 750.615 — OR Code / Title 56 / Chapter 750 / Section 750.615
750.615 Deposit to reimburse members for unearned premiums required
Status: in_force

An organization shall deposit in an account that is maintained separately from operating funds an amount reasonably calculated to reimburse plan members for unearned premiums. The organization shall hold the amount in a fiduciary capacity. Records shall be kept of all deposits and receipts for a period of not less than six years. [1989 c.331 §14]

Source: Section 750.615 — Deposit to reimburse members for unearned premiums required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 732.566 — OR Code / Title 56 / Chapter 732 / Section 732.566
732.566 Exemption from ORS 732.517 to 732.596 by director
Status: in_force

(1) The registration requirements of 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) do not apply to any insurer, information or transaction the Director of the Department of Consumer and Business Services exempts by rule or order.

(2) ORS 732.521 (Activities that are prohibited unless specified procedures followed) , 732.523 (Procedure for acquiring controlling interest of capital stock) , 732.526 (Hearing on proposed activity) and 732.528 (Approval of proposed activity) do not apply to a transaction that is subject to the provisions of ORS 732.517 (Purpose of ORS 732.517 to 732.546) to 732.546 (Severability) that relate to a merger or consolidation between or among two or more insurers. [Formerly 732.685; 2013 c.370 §24]

Source: Section 732.566 — Exemption from ORS 732.517 to 732.596 by director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 746.145 — OR Code / Title 56 / Chapter 746 / Section 746.145
746.145 Workers’ compensation insurance
Status: in_force

(1) Notwithstanding ORS 737.600 (Fictitious grouping for rate purposes prohibited) , but subject to all other rate filing requirements of ORS chapter 737, an insurer may combine for dividend purposes the experience of a group of employers covered for workers’ compensation insurance by the insurer, subject to applicable rules adopted by the Director of the Department of Consumer and Business Services, if:

(a) All the employers in the group are members of an organization.

(b) The employers in the group constitute at least 50 percent of the employers in the organization, unless the number of covered workers in the group exceeds 500, in which case the employers in the group must constitute at least 25 percent of the employers in the organization.

(c) The grouping of employers is likely to substantially improve accident prevention, claims handling for the employers and reduce expenses.

(2) This section does not apply to an organization of employers for which organization a workers’ compensation policy was lawfully issued before October 4, 1977. The policy required by ORS 656.419 (Workers’ compensation insurance contracts) shall contain for each employer covered thereby the information required by ORS 656.419 (Workers’ compensation insurance contracts) (2). When an employer becomes an insured member of the organization the insurer shall, within 30 days after the date insured membership commenced, file a notice thereof with the director. [1977 c.405 §3; 1983 c.706 §3; 1990 c.1 §5; 2003 c.170 §11; 2007 c.241 §29]

Source: Section 746.145 — Workers’ compensation insurance; combination of group of employers; purpose; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 744.868 — OR Code / Title 56 / Chapter 744 / Section 744.868
744.868 License suspension and revocation or other penalty
Status: in_force

(1) The Director of the Department of Consumer and Business Services may suspend or revoke a limited license the director issued under ORS 744.862 (Limited license to sell insurance) , or may impose another penalty the director prescribes by rule, if:

(a) A licensee sells or offers to sell insurance other than insurance described in ORS 744.864 (Permissible sales) ;

(b) An owner sells or offers to sell insurance to an occupant without obtaining a limited license in accordance with ORS 744.862 (Limited license to sell insurance) ; or

(c) An owner or licensee violates another provision of ORS 744.860 (Definitions for ORS 744.860 to 744.870) to 744.870 (Compensation, bonuses and incentives) .

(2) The director may suspend or revoke a limited license under this section with respect to all or a portion of the licensee’s self-service storage facilities. [2013 c.280 §6]

Source: Section 744.868 — License suspension and revocation or other penalty; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 731.284 — OR Code / Title 56 / Chapter 731 / Section 731.284
731.284 Distribution of insurance laws
Status: in_force

Copies of the insurance laws in pamphlet form may be sold by the Director of the Department of Consumer and Business Services at a reasonable price. The director may distribute free of charge one copy of such pamphlet to each of the following:

(1) Authorized insurers and licensed rating organizations;

(2) Insurance departments of other states; and

(3) Public agencies. However, the director may distribute such quantities to public agencies as the director determines. [1967 c.359 §64; 2003 c.364 §65]

Source: Section 731.284 — Distribution of insurance laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.005 — OR Code / Title 56 / Chapter 742 / Section 742.005
742.005 Grounds for disapproval of policy forms
Status: in_force

The Director of the Department of Consumer and Business Services shall disapprove any form requiring the director’s approval:

(1) If the director finds it does not comply with the law;

(2) If the director finds it contains any provision, including statement of premium, or has any label, description of its contents, title, heading, backing or other indication of its provisions, which is unintelligible, uncertain, ambiguous or abstruse, or likely to mislead a person to whom the policy is offered, delivered or issued;

(3) If, in the director’s judgment, its use would be prejudicial to the interests of the insurer’s policyholders;

(4) If the director finds it contains provisions which are unjust, unfair or inequitable;

(5) If the director finds sales presentation material disapproved by the director pursuant to ORS 742.009 (Regulation of sales material) is being used with respect to the form; or

(6) If, with respect to any of the following forms, the director finds the benefits provided therein are not reasonable in relation to the premium charged:

(a) Individual health insurance policy forms, including benefit certificates issued by fraternal benefit societies and individual policies issued by health care service contractors, but excluding policies referred to in ORS 743.402 (Exceptions to individual health insurance policy requirements) as exempt from the application of ORS 743.405 (General requirements for health insurance policies) to 743.498 (Statement in policy of cancelability or renewability) and 743A.160 (Alcoholism treatment) ;

(b) Small employer group health benefit plan forms for small employers as that term is defined in ORS 743B.005 (Definitions) , including small employer group policies issued by health care service contractors; or

(c) Credit life and credit health insurance forms subject to ORS 743.371 (Definitions for credit life and credit health insurance provisions) to 743.380 (Claim report and payment) . [Formerly 743.009; 1991 c.182 §1; 1999 c.987 §4; 2017 c.206 §15]

Source: Section 742.005 — Grounds for disapproval of policy forms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 733.010 — OR Code / Title 56 / Chapter 733 / Section 733.010
733.010 Assets allowed
Status: in_force

In any determination of the financial condition of an insurer, there shall be allowed as assets only such assets as are owned by the insurer and which consist of:

(1) Cash in the possession or control of the insurer, including the true balance of any deposit in a solvent bank or trust company.

(2) Investments held in accordance with the Insurance Code, and due or accrued income items in connection therewith to the extent considered by the Director of the Department of Consumer and Business Services to be collectible.

(3) Premium notes, policy loans, liens and other like policy assets on life insurance policies and accrued interest thereon, in an amount not exceeding the loan value of the policy.

(4) Due premiums, deferred premiums, installment premiums, and written obligations taken for premiums, to the extent allowed by the director.

(5) The amount recoverable from a reinsurer if credit for reinsurance may be allowed to the insurer under ORS 731.509 (Legislative intent) or 731.510 (Criteria for allowing reduction from liability for reinsurance) and amounts receivable on assumed reinsurance representing funds withheld by a solvent ceding insurer under a reinsurance treaty.

(6) Deposits or equities recoverable from underwriting associations, syndicates and reinsurance funds, or from any suspended banking institution, to the extent deemed by the director to be available for the payment of losses and claims.

(7) Other assets considered by the director to be available for the payment of losses and claims, at values determined by the director. [1967 c.359 §208; 1971 c.321 §18; 1979 c.818 §1; 1993 c.447 §69; 2001 c.318 §7]

Source: Section 733.010 — Assets allowed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 734.026 — OR Code / Title 56 / Chapter 734 / Section 734.026
734.026 “Domiciliary,” “ancillary” and “reciprocal state” defined
Status: in_force

As used in this chapter:

(1) “Domiciliary state” means the state in which an insurer is incorporated or organized or, in the case of an alien insurer, its state of entry.

(2) “Ancillary state” means any state other than a domiciliary state.

(3) “Reciprocal state” means any state other than this state in which in substance and effect the provisions of this chapter relating to delinquency proceedings are in force, including provisions requiring that the Director of the Department of Consumer and Business Services or equivalent insurance supervisory official be the receiver of a delinquent insurer and in which some provision exists for the avoidance of fraudulent conveyances and preferential transfers. [Formerly 734.050; 1993 c.447 §91]

Source: Section 734.026 — “Domiciliary,” “ancillary” and “reciprocal state” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 732.220 — OR Code / Title 56 / Chapter 732 / Section 732.220
732.220 Exclusive agency contracts
Status: in_force

(1) No domestic insurer shall make any contract whereby any person is granted or is to enjoy in fact the controlling or preemptive right to produce substantially all insurance business for the insurer, unless the contract is filed with and approved by the Director of the Department of Consumer and Business Services. The contract filed with the director shall be accompanied by such application for approval as the director by rule may consider reasonably appropriate to the purposes of this section. The contract shall be deemed approved unless disapproved by the director within 20 days after date of filing, subject to such reasonable extension of time as the director may require by notice given within such 20 days. Notice of any disapproval shall be delivered to the insurer in writing, stating the grounds therefor.

(2) Any such contract shall provide that any such producer of an insurer’s business shall within 90 days after expiration of each calendar year furnish the insurer’s board of directors or other governing body a written statement of:

(a) Amounts received under or on account of the contract and amounts expended thereunder during such calendar year, including the emoluments received therefrom by the respective directors, trustees, officers, and other principal management personnel of the producer;

(b) Amounts paid by the producer during such calendar year, for any purpose, to any director, trustee, officer, agent or employee of the insurer or to any person who is directly or indirectly the beneficial owner of more than 10 percent of any class of any equity security of the insurer; and

(c) Such classification of items and further detail as the insurer’s board of directors or other governing body may reasonably require.

(3) The director shall disapprove any such contract if, taking into account the customary and prevailing practices of the insurance business and such opportunities for abuse as may be apparent in any conflicts of interest revealed by the contract or application, the director finds that such contract:

(a) Subjects the insurer to charges that are disproportionate to those that the insurer might reasonably be expected to incur under alternative arrangements for the production of the insurer’s business;

(b) Is to extend for an unreasonable length of time, taking into account the incentives reasonably necessary to induce the producer to undertake the contract, the prospect of changes which are reasonably likely to render the contract unfavorable to the insurer and such other factors as the director reasonably considers appropriate;

(c) Does not contain fair and adequate standards of performance; or

(d) Contains other inequitable provision or provisions which impair the proper interests of stockholders, policyholders, members or subscribers of the insurer.

(4) The director may, after a hearing held thereon, withdraw approval of any such contract theretofore approved by the director, if the director finds that the bases of the original approval no longer exist, or that the contract has, in actual operation, shown itself to be subject to disapproval on any of the grounds referred to in subsection (3) of this section.

(5) This section does not apply as to any contract entered into prior to June 8, 1967, nor to any extension or amendment to such contract to the extent that such extension or amendment may be effected merely by notice and without further consideration. [1967 c.359 §167]

Source: Section 732.220 — Exclusive agency contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 746.630 — OR Code / Title 56 / Chapter 746 / Section 746.630
746.630 Authorization for disclosure of certain information
Status: in_force

(1) Notwithstanding any other law of this state, a licensee or insurance-support organization may not use as its disclosure authorization form in connection with insurance transactions a form or statement that authorizes the disclosure of personal or privileged information about an individual to the licensee or insurance-support organization unless the form or statement is clear and conspicuous, and contains all of the following:

(a) The identity of the individual who is the subject of the personal information.

(b) A general description of the categories of personal information to be disclosed.

(c) General descriptions of the parties to whom the licensee discloses personal information, the purpose of the disclosure and how the personal information may be used.

(d) The signature of the individual who is the subject of the personal information or the individual who is legally empowered to grant authority and the date signed.

(e) Notice of the length of time for which the authorization is valid, that the individual may revoke the authorization at any time and the procedure for making a revocation.

(2) An authorization is not valid for more than 24 months.

(3) An individual who is the subject of personal information may revoke an authorization provided pursuant to this section at any time, subject to the rights of any individual who acted in reliance on the authorization prior to notice of the revocation.

(4) A licensee must retain the authorization of an individual or a copy thereof in the record of the individual who is the subject of the personal information.

(5) A disclosure authorization obtained by an insurer, insurance producer or insurance-support organization from an individual prior to January 1, 1983, is considered to be in compliance with this section. [1981 c.649 §8; 2001 c.377 §27; 2003 c.87 §12; 2003 c.364 §157]

Source: Section 746.630 — Authorization for disclosure of certain information; forms; revocation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 746.295 — OR Code / Title 56 / Chapter 746 / Section 746.295
746.295 Proof and amount of loss under motor vehicle liability policies
Status: in_force

Nothing in ORS 746.275 (Definitions for ORS 746.275 to 746.300) to 746.300 (Liability of insurers and motor vehicle repair shops for damages) or 746.991 (Penalties) shall prohibit an insurer from establishing proof of loss requirements for motor vehicle liability insurance policies, investigating and determining the amount of an insured’s loss through its agents or employees or negotiating with any person for the repair of such loss. [1977 c.785 §6]

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

Source: Section 746.295 — Proof and amount of loss under motor vehicle liability policies; determination by insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 743.041 — OR Code / Title 56 / Chapter 743 / Section 743.041
743.041 Payment discharges insurer
Status: in_force

Whenever the proceeds of or payments under a life or health insurance policy become payable in accordance with the terms of such policy, or the exercise of any right or privilege under such policy, and the insurer makes payment in accordance with the terms of the policy or in accordance with any written assignment of the policy, the person so designated as being entitled to the proceeds or payments shall be entitled to receive them and to give full acquittance therefor, and such payments shall fully discharge the insurer from all claims under the policy unless, before payment is made, the insurer has received at its home office written notice by or on behalf of some other person that such other person claims to be entitled to such proceeds or payments or some interest in the policy. [Formerly 743.084]

Source: Section 743.041 — Payment discharges insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 746.530 — OR Code / Title 56 / Chapter 746 / Section 746.530
746.530 Attorney fees
Status: in_force

In any action to enforce any right created by ORS 746.405 (Definitions for ORS 746.405 to 746.530) to 746.530 (Attorney fees) , the prevailing party may be awarded a reasonable amount, to be fixed by the court, as attorney fees. The amount may be taxed as part of the cost of the action and any appeal thereon. [1983 c.239 §6]

Source: Section 746.530 — Attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 742.708 — OR Code / Title 56 / Chapter 742 / Section 742.708
742.708 Proof of receipt of notice
Status: in_force

A post office certificate of mailing to the named insured at the named insured’s last-known address shall constitute conclusive proof that the named insured received the notice of cancellation or nonrenewal on the third calendar day after the date of the certificate of mailing. [Formerly 743.948]

Source: Section 742.708 — Proof of receipt of notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 732.420 — OR Code / Title 56 / Chapter 732 / Section 732.420
732.420 “Equity security” defined
Status: in_force

As used in ORS 732.220 (Exclusive agency contracts) and 732.420 (“Equity security” defined) to 732.455 (Rules) , “equity security” means:

(1) Any stock or similar security;

(2) Any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security;

(3) Any such warrant or right; or

(4) Any other security which the Director of the Department of Consumer and Business Services shall consider to be of similar nature and consider necessary or appropriate, by such rules as the director may prescribe in the public interest or for the protection of investors, to treat as an equity security. [Formerly 738.710]

Source: Section 732.420 — “Equity security” defined; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 733.610 — OR Code / Title 56 / Chapter 733 / Section 733.610
733.610 Investment in real property
Status: in_force

(1) Except as otherwise provided in ORS 733.580 (Investment of required capitalization) and 733.600 (Investment in mortgage loans) , an insurer may invest in real property only if used for the purposes or acquired in the manner and within the limits as follows:

(a) The insurer may invest in the land and the buildings thereon in which it has its principal office, and in such other real property as required for its convenient accommodation in the transaction of business. Such investments shall not exceed in the aggregate 10 percent of the assets of the insurer, except with the consent of the Director of the Department of Consumer and Business Services.

(b) The insurer may invest in real property that is acquired in satisfaction of loans, mortgages, liens, judgments or debts previously owing to the insurer in the course of its business.

(c) The insurer may invest in real property acquired in part payment of the consideration on the sale of other real property owned by the insurer if the transaction does not increase the investment of the insurer in real property.

(d) The insurer may invest in real property acquired by gift or devise or through merger, consolidation or bulk reinsurance of another insurer under the Insurance Code.

(e) The insurer may invest in the vendor’s interest in real property subject to a contract of sale. The amount invested in the vendor’s interest under such a contract shall not exceed, except with the consent of the director:

(A) Ninety percent of the market value of the subject real property, when the real property is one or two family residential property.

(B) Eighty percent of the market value of the subject real property, when the real property is other than that described in subparagraph (A) of this paragraph.

(f) The insurer may invest in real property or any interest therein that is acquired or held by purchase, lease or otherwise, other than real property used primarily for agricultural, ranch, mining, development of oil or mineral resources, recreational, amusement or club purposes, if the real property or interest therein is acquired as an investment for the production of income or acquired to be improved or developed for such investment purposes pursuant to an existing program therefor. The insurer may hold, improve, develop, maintain, manage, lease, sell and convey real property acquired by it under this paragraph. Real property and interests therein so acquired may be leased or sublet. Except with the consent of the director, an insurer shall not have an amount exceeding five percent of its assets at any one time invested in real property and interests therein under this paragraph.

(g) The insurer may invest in additional real property and in equipment incident to real property if necessary or convenient for the purpose of enhancing the sale or other value of real property previously acquired or held by the insurer under paragraph (b), (c), (d) or (f) of this subsection. The real property and equipment shall be included, together with the real property for the enhancement of which it was acquired, for the purpose of applicable investment limits.

(h) The insurer may invest in real property without regard to whether the property is income-producing when acquired if the insurer intends to improve the property for resale or if the insurer intends that the property will be income-producing. The insurer may also invest in real property that is income-producing and used primarily for agricultural, ranch, mining, development of oil or mineral resources, recreational, amusement or club purposes. Funds invested under this paragraph shall not exceed the lesser of five percent of the insurer’s assets or 50 percent of the insurer’s capital and surplus, except with the consent of the director.

(i) Except with the consent of the director, all real property owned by the insurer under this subsection, except as to properties described in paragraphs (a) and (e) of this subsection, shall not at any time exceed 10 percent of the assets of the insurer.

(2) Except as otherwise provided in subsection (3) of this section:

(a) Real property acquired under this section shall be disposed of within five years after it ceases to be income-producing or to be used by the insurer for its business operation, whichever is later.

(b) Real property acquired under subsection (1)(h) of this section that is not income-producing when acquired shall be disposed of within five years after acquisition if the real property is not improved for resale or if the real property is not income-producing during the five years.

(c) When an investment or any combination of investments by an insurer in real property exceeds any applicable limitation under this section other than a limitation of time, the insurer, not later than the fifth year after the limitation is exceeded, shall dispose of sufficient real property that is subject to the limitation to comply with the limitation.

(3) Any real property acquired under this section that otherwise qualifies as an investment under ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) may be retained and held if approved as an investment in the manner prescribed by ORS 733.730 (Approval by board of directors of investments and deposits) and 733.740 (Record of investments required) . The director may extend the time limit prescribed in subsection (2) of this section if the interests of the insurer will suffer by a “forced sale” of the property. [Formerly 738.265; 1979 c.846 §1; 1989 c.425 §4; 2003 c.576 §555]

Source: Section 733.610 — Investment in real property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 742.214 — OR Code / Title 56 / Chapter 742 / Section 742.214
742.214 Other insurance
Status: in_force

A fire insurance policy shall contain a provision as follows: “Other insurance may be prohibited or the amount of insurance may be limited by indorsement attached hereto.” [Formerly 743.621]

Source: Section 742.214 — Other insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743a.070 — OR Code / Title 56 / Chapter 743a / Section 743a.070
743A.070 Nonprescription enteral formula for home use
Status: in_force

(1) All policies providing health insurance, as defined in ORS 731.162 (“Health insurance.”) , except those policies whose coverage is limited to expenses from accidents or specific diseases that are unrelated to the coverage required by this section, shall include coverage for a nonprescription elemental enteral formula for home use, if the formula is medically necessary for the treatment of severe intestinal malabsorption and a physician has issued a written order for the formula and the formula comprises the sole source, or an essential source, of nutrition.

(2) The coverage required by subsection (1) of this section may be made subject to provisions of the policy that apply to other benefits under the policy including, but not limited to, provisions related to deductibles and coinsurance. Deductibles and coinsurance for elemental enteral formulas shall be no greater than those for any other treatment for the condition under the policy.

(3) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [Formerly 743.729; 2009 c.703 §1]

Source: Section 743A.070 — Nonprescription enteral formula for home use , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 733.540 — OR Code / Title 56 / Chapter 733 / Section 733.540
733.540 “Obligation” defined
Status: in_force

As used in ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) , “obligation” means a bond, debenture, note, warrant, certificate or other evidence of indebtedness. [1967 c.359 §232]

Source: Section 733.540 — “Obligation” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 743.376 — OR Code / Title 56 / Chapter 743 / Section 743.376
743.376 Duration of credit life and credit health insurance
Status: in_force

(1) The term of any credit life or credit health insurance shall, subject to acceptance by the insurer, commence on the date when the debtor becomes obligated to the creditor, except that, where a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to such indebtedness shall commence on the effective date of the policy. Where evidence of insurability is required and such evidence is furnished more than 30 days after the date when the debtor becomes obligated to the creditor, the term of the insurance may commence on the date on which the insurer determines the evidence to be satisfactory, and in such event there shall be an appropriate refund or adjustment of any charge to the debtor for insurance.

(2) The term of the insurance shall not extend more than 15 days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor.

(3) If the indebtedness is discharged because of renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness.

(4) In all cases of termination of the insurance prior to the scheduled maturity date of the indebtedness, a refund shall be paid or credited as provided in ORS 743.378 (Charges and refunds to debtor) . [Formerly 739.585 and then 743.576]

Source: Section 743.376 — Duration of credit life and credit health insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 735.182 — OR Code / Title 56 / Chapter 735 / Section 735.182
735.182 Examination of branch captive insurer and alien captive insurer
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall examine only the branch operations of, and the insurance transacted by, a branch captive insurer in this state if the branch captive insurer:

(a) Provides annually to the director a certificate of compliance, or an equivalent, issued by or filed with the licensing authority of the jurisdiction in which the branch captive insurer is formed; and

(b) Demonstrates to the satisfaction of the director that the branch captive insurer is operating in sound financial condition in accordance with ORS 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) and all applicable laws and regulations of the jurisdiction in which the branch captive insurer is formed.

(2) As a condition of its authority as a branch captive insurer, an alien captive insurer must authorize the director to examine the affairs of the alien captive insurer in the jurisdiction in which the alien captive insurer is formed.

(3) An alien captive insurer that is examined under this section shall pay the expenses and charges of the examination. [2012 c.84 §18]

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

Source: Section 735.182 — Examination of branch captive insurer and alien captive insurer; payment of charges and expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 744.635 — OR Code / Title 56 / Chapter 744 / Section 744.635
744.635 Errors and omissions insurance
Status: in_force

(1) An insurance consultant shall maintain with the Director of the Department of Consumer and Business Services a current certificate of errors and omissions insurance in an amount established by the director by rule from an insurer authorized to do business in this state or from any other insurer acceptable to the director according to standards established by rule.

(2) If the director determines that errors and omissions insurance required under this section is not generally available at a reasonable cost, the director by rule may suspend the requirement of insurance, but must reimpose the requirement when the insurance becomes available once again. [1985 c.697 §8; 1989 c.701 §63; 1991 c.331 §131; 1991 c.810 §19]

Source: Section 744.635 — Errors and omissions insurance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 748.148 — OR Code / Title 56 / Chapter 748 / Section 748.148
748.148 Consolidation and merger
Status: in_force

(1) A domestic society may consolidate or merge with any other society by complying with the provisions of this section. It shall file with the Director of the Department of Consumer and Business Services:

(a) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger;

(b) A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition of the society on a date fixed by the director but not earlier than December 31, next preceding the date of the contract;

(c) A certificate of the officers, duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds vote of the supreme governing body of each society, the vote being conducted at a regular or special meeting of each body, or, if the society’s laws so permit, by mail; and

(d) Evidence that at least 60 days prior to the action of the supreme governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full in the official publication of each society.

(2) If the director finds that the contract is in conformity with the provisions of this section, that the financial statements are correct and that the consolidation or merger is just and equitable to the members of each society, the director shall approve the contract and issue a certificate to that effect. Upon approval, the contract shall be in full force and effect unless any society which is a party to the contract is incorporated under the laws of any other state or territory. In such event the consolidation or merger shall not become effective unless and until it has been approved as provided by the laws of such state or territory and a certificate of approval filed with the director of this state or, if the laws of such state or territory contain no such provision, then the consolidation or merger shall not become effective unless and until it has been approved by the director of insurance of such state or territory and a certificate of approval filed with the director of this state.

(3) Upon the consolidation or merger becoming effective as provided in this chapter, all the rights, franchises and interests of the consolidated or merged societies in and to every species of property, real, personal or mixed, and things in action thereunto belonging shall be vested in the society resulting from or remaining after the consolidation or merger without any other instrument, except that conveyances of real property may be evidenced by proper deeds, and the title to any real estate or interest therein, vested under the laws of this state in any of the societies consolidated or merged, shall not revert or be in any way impaired by reason of the consolidation or merger, but shall vest absolutely in the society resulting from or remaining after consolidation or merger.

(4) The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document, stating that the notice or document has been duly addressed and mailed, shall be prima facie evidence that the notice or document has been furnished the addressees. [1987 c.490 §15]

Source: Section 748.148 — Consolidation and merger , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 734.320 — OR Code / Title 56 / Chapter 734 / Section 734.320
734.320 Attachment and garnishment of assets
Status: in_force

During the pendency of delinquency proceedings in this or any reciprocal state no action or proceeding in the nature of an attachment, garnishment or execution shall be commenced or maintained in the courts of this state against the delinquent insurer or its assets. Any lien obtained by any such action or proceeding within four months prior to the commencement of any such delinquency proceeding or at any time thereafter shall be void as against any rights arising in such delinquency proceeding. [1967 c.359 §286]

Source: Section 734.320 — Attachment and garnishment of assets , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743.309 — OR Code / Title 56 / Chapter 743 / Section 743.309
743.309 Nonforfeiture provisions
Status: in_force

If a group life insurance policy is on a plan of insurance other than the term plan, it shall contain nonforfeiture provision or provisions which in the opinion of the Director of the Department of Consumer and Business Services are equitable to the insured persons and to the policyholder, but nothing in this section shall be construed to require that group life insurance policies contain the same nonforfeiture provisions as are required for individual life insurance policies. [1967 c.359 §414]

Source: Section 743.309 — Nonforfeiture provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743b.450 — OR Code / Title 56 / Chapter 743b / Section 743b.450
743B.450 Prompt payment of claims
Status: in_force

(1) Except as provided in this subsection, when a claim under a health benefit plan is submitted to an insurer by a provider on behalf of an enrollee, the insurer shall pay a clean claim or deny the claim not later than 30 days after the date on which the insurer receives the claim. If an insurer requires additional information before payment of a claim, not later than 30 days after the date on which the insurer receives the claim, the insurer shall notify the enrollee and the provider in writing and give the enrollee and the provider an explanation of the additional information needed to process the claim. The insurer shall pay a clean claim or deny the claim not later than 30 days after the date on which the insurer receives the additional information.

(2) A contract between an insurer and a provider may not include a provision governing payment of claims that limits the rights and remedies available to a provider under this section and ORS 743B.452 (Interest on unpaid claims) or has the effect of relieving either party of its obligations under this section and ORS 743B.452 (Interest on unpaid claims) .

(3) An insurer may pay a claim using a credit card or electronic funds transfer payment method that imposes on the provider a fee or similar charge to process the payment if:

(a) The insurer notifies the provider, in advance, of the fee or other charges associated with the use of the credit card or electronic funds transfer payment method;

(b) The insurer offers the provider an alternative payment method that does not impose fees or similar charges on the provider; and

(c) The provider or a designee of the provider elects to accept a payment of the claim using the payment method.

(4) An insurer shall establish a method of communicating to providers the procedures and information necessary to complete claim forms. The procedures and information must be reasonably accessible to providers.

(5) This section does not create an assignment of payment to a provider.

(6) Each insurer shall report to the Director of the Department of Consumer and Business Services on its compliance under this section according to requirements established by the director.

(7) The director shall adopt by rule a definition of “clean claim” and shall consider the definition of “clean claim” used by the federal Department of Health and Human Services for the payment of Medicare claims. [Formerly 743.911]

Source: Section 743B.450 — Prompt payment of claims; limits on use of electronic payment methods; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743.109 — OR Code / Title 56 / Chapter 743 / Section 743.109
743.109 Approval of certain policy forms containing specified provisions
Status: in_force

A policy form meeting the requirements of ORS 743.106 (Reading ease standards for life and health insurance policies) shall not be disapproved because of other provisions of the Insurance Code that specify the content of policies, if the policy form provides the policyholders and claimants protection not less favorable than they would be entitled to under such provisions. [Formerly 743.370]

Source: Section 743.109 — Approval of certain policy forms containing specified provisions; conditions for approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743a.185 — OR Code / Title 56 / Chapter 743a / Section 743a.185
743A.185 Telemedical health services for treatment of diabetes
Status: in_force

(1) As used in this section:

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

(b) “Originating site” means a location where health services are provided or where the patient is receiving a telemedical health service.

(c) “Telemedical” means delivered through a two-way electronic communication, including but not limited to video, audio, Voice over Internet Protocol or transmission of telemetry, that allows a health professional to interact with a patient, a parent or guardian of a patient or another health professional on a patient’s behalf, who is at an originating site.

(2) A health benefit plan must provide coverage of a telemedical health service provided in connection with the treatment of diabetes if:

(a) The plan provides coverage of the health service when provided in person by the health professional;

(b) The health service is medically necessary;

(c) The telemedical health service relates to a specific patient; and

(d) One of the participants in the telemedical health service is a representative of an academic health center.

(3) A health benefit plan may not distinguish between rural and urban originating sites in providing coverage under subsection (2) of this section.

(4) A health benefit plan may subject coverage of a telemedical health service under subsection (2) of this section to all terms and conditions of the plan, including but not limited to deductible, copayment or coinsurance requirements that are applicable to coverage of a comparable health service when provided in person.

(5) This section does not require a health benefit plan to reimburse a provider for a health service that is not a covered benefit under the plan. [2011 c.312 §2]

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

Note: 743A.185 (Telemedical health services for treatment of diabetes) 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.185 — Telemedical health services for treatment of diabetes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 737.360 — OR Code / Title 56 / Chapter 737 / Section 737.360
737.360 Rating organization to accept insurers as subscribers
Status: in_force

(1) Subject to rules and regulations which have been approved by the Director of the Department of Consumer and Business Services as reasonable, each rating organization shall permit any insurer, not a member, to be a subscriber to its rating services for any class of insurance, subdivision or class of risk or a part or combination thereof for which it is authorized to act as a rating organization. Notice of proposed changes in such rules and regulations shall be given to subscribers.

(2) Each rating organization shall furnish its rating services without discrimination to its members and subscribers. Any rating organization may subscribe to or purchase actuarial, technical or other services, and such services shall be available to all members and subscribers without discrimination.

(3) The reasonableness of any rule or regulation in its application to subscribers, or the refusal of any rating organization to admit an insurer as a subscriber, at the request of any subscriber or any such insurer, shall be reviewed by the director at a hearing held at a place designated by the director and upon at least 10 days’ written notice to such rating organization and to such subscriber or insurer. If the director finds that such rule or regulation is unreasonable in its application to subscribers, the director shall order that such rule or regulation shall not be applicable to subscribers. If the rating organization fails to grant or reject an insurer’s application for subscribership within 30 days after it was made, the insurer may request a review by the director as if the application had been rejected. If the director finds that the insurer has been refused admittance to the rating organization as a subscriber without justification, the director shall order the rating organization to admit the insurer as a subscriber. If the director finds that the action of the rating organization was justified, the director shall make an order affirming its action.

(4) No rating organization shall adopt any rule, the effect of which would be to prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. [Amended by 1967 c.359 §320]

Source: Section 737.360 — Rating organization to accept insurers as subscribers; rules of organization to be reasonable; review of applications for subscribership and of reasonableness of rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 742.228 — OR Code / Title 56 / Chapter 742 / Section 742.228
742.228 Pro rata liability of insurer
Status: in_force

A fire insurance policy shall contain a provision as follows: “This company shall not be liable for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, whether collectible or not.” [Formerly 743.642]

Source: Section 742.228 — Pro rata liability of insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 734.805 — OR Code / Title 56 / Chapter 734 / Section 734.805
734.805 Association board of directors
Status: in_force

(1) The board of directors of the Oregon Life and Health Insurance Guaranty Association shall consist of not less than five nor more than nine members who represent member insurers, serving terms as established in the plan of operation. The members of the board shall be selected by member insurers, subject to the approval of the Director of the Department of Consumer and Business Services. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the Director of the Department of Consumer and Business Services. To select the initial board of directors, and initially organize the association, the Director of the Department of Consumer and Business Services shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member insurer shall be entitled to one vote in person or by proxy. If the board of directors is not selected within 60 days after notice of the organizational meeting, the Director of the Department of Consumer and Business Services may appoint the initial members.

(2) In approving selections or in appointing members to the board, the Director of the Department of Consumer and Business Services shall consider, among other things, whether all member insurers are fairly represented.

(3) Members of the board of directors may be reimbursed from the assets of the association for expenses incurred by them as members of the board, but members of the board may not otherwise be compensated by the association for their services. [1975 c.251 §8; 2011 c.142 §4]

Source: Section 734.805 — Association board of directors; terms; selection; vacancies; compensation and expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 734.340 — OR Code / Title 56 / Chapter 734 / Section 734.340
734.340 Date rights fixed on liquidation
Status: in_force

The rights and liabilities of the insurer and of its creditors, policyholders, stockholders, members, subscribers, and all other persons interested in its estate, shall, unless otherwise directed by the court, be fixed as of the date on which the order directing the liquidation of the insurer is filed in the office of the clerk of the court which makes the order, subject to the provisions of ORS 734.380 (Allowance of certain claims) with respect to the rights of claimants holding contingent claims. [1967 c.359 §288]

Source: Section 734.340 — Date rights fixed on liquidation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743a.051 — OR Code / Title 56 / Chapter 743a / Section 743a.051
743A.051 Services provided by pharmacist
Status: in_force

Notwithstanding any provisions of a health benefit plan as defined in ORS 743B.005 (Definitions) , whenever the plan provides for payment or reimbursement for a service that is within the lawful scope of practice of a pharmacist, the insurer:

(1) May provide payment or reimbursement for the service when the service is provided by a pharmacist; and

(2) Shall provide, in the same manner as would be provided for any other health care provider, payment or reimbursement for:

(a) Intentionally left blank —Ed.

(A) The prescription of emergency refills of insulin and associated insulin-related devices and supplies as described in ORS 689.696 (Prescription and dispensation of emergency refills of insulin) ; and

(B) The service provided by the pharmacist;

(b) Intentionally left blank —Ed.

(A) The prescription, dispensation and administration of preexposure and post-exposure prophylactic antiretroviral therapies pursuant to ORS 689.704 (Preexposure and post-exposure antiretroviral therapies) and any rules adopted by the State Board of Pharmacy under ORS 689.645 (Vaccines, patient care services, drugs and devices) and 689.704 (Preexposure and post-exposure antiretroviral therapies) ; and

(B) The service provided by the pharmacist; and

(c) Intentionally left blank —Ed.

(A) The prescription and dispensation of other prescription drugs by a licensed pharmacist if the State Board of Pharmacy or any state law authorizes the drug to be prescribed and dispensed by pharmacists licensed under ORS chapter 689; and

(B) The service provided by the pharmacist.

(3) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [2015 c.362 §8; 2019 c.95 §5; 2021 c.365 §4]

Note: 743A.051 (Services provided by pharmacist) 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.051 — Services provided by pharmacist , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 743.243 — OR Code / Title 56 / Chapter 743 / Section 743.243
743.243 Restrictions on form of coupon policy
Status: in_force

Coupon policies issued or delivered in this state shall be subject to the following provisions:

(1) No detachable coupons or certificates or passbooks may be used. No other device may be used which tends to emphasize the periodic endowment benefits or which tends to create the impression that the endowments represent interest earnings or anything other than benefits which have been purchased by part of the policyholder’s premium payments.

(2) Each endowment benefit must have a fixed maturity date and payment of the endowment benefit shall not be contingent upon the payment of any premium becoming due on or after such maturity date.

(3) The endowment benefits must be expressed in dollar amounts rather than as percentages of other quantities or in other ways, both in the policy itself and in the sale thereof.

(4) A separate premium for the periodic endowment benefits must be shown in the policy adjacent to the rest of the policy premium information and must be given the same emphasis in the policy and in the sale thereof as that given the rest of the policy premium information. This premium shall be calculated with mortality, interest and expense factors which are consistent with those for the basic policy premium. [1967 c.359 §403]

Source: Section 743.243 — Restrictions on form of coupon policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 737.560 — OR Code / Title 56 / Chapter 737 / Section 737.560
737.560 Rating organization membership
Status: in_force

(1) Except as provided in subsection (2) of this section, nothing contained in this chapter shall be construed as requiring any insurer to become a member of or a subscriber to any rating organization.

(2) Each workers’ compensation insurer, including the State Accident Insurance Fund Corporation, shall be a member of a licensed workers’ compensation rating organization. [Amended by 1967 c.359 §334; 1969 c.690 §25; 1981 c.535 §21; 1999 c.235 §5]

Source: Section 737.560 — Rating organization membership , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 735.300 — OR Code / Title 56 / Chapter 735 / Section 735.300
735.300 Purpose of ORS 735.300 to 735.365
Status: in_force

The purpose of ORS 735.300 (Purpose of ORS 735.300 to 735.365) to 735.365 (Short title) is to regulate the formation and operation of risk retention groups and purchasing groups in this state formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986 (P.L. 99-563). [1987 c.774 §98; 1989 c.700 §10]

Source: Section 735.300 — Purpose of ORS 735.300 to 735.365 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 731.042 — OR Code / Title 56 / Chapter 731 / Section 731.042
731.042 Certificate of exemption
Status: in_force

(1) An exempt insurer who holds a certificate of exemption issued by the Director of the Department of Consumer and Business Services before January 1, 2003, may continue transacting insurance.

(2) In order to continue a certificate of exemption, an exempt insurer to whom subsection (1) of this section applies must file its annual statement and pay the fees established by the director by March 1 of each year.

(3) An exempt insurer shall be subject to ORS 731.296 (Director’s inquiries) to 731.316 (Expenses of examination of insurer) , 731.414 (Suspension or revocation of certificate of authority) , 731.418 (Grounds for suspension or revocation of certificate of authority) , 731.574 (Annual financial statement) , 731.988 (Civil penalties) , 731.992 (Criminal penalty) , 733.010 (Assets allowed) to 733.115 (Establishing reserves for variable life insurance and annuity policies) , 733.140 (Disallowance of “wash” transactions) to 733.210 (Director’s determinations) , 743A.040 (Services provided by optometrist) , 746.075 (Misrepresentation generally) and 746.110 (False, deceptive or misleading statements) . [Formerly 736.020; 1979 c.870 §1; 1981 c.752 §15; 1989 c.413 §2; 2003 c.802 §174; 2005 c.22 §485]

Source: Section 731.042 — Certificate of exemption; application of certain Insurance Code provisions to exempt insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 746.340 — OR Code / Title 56 / Chapter 746 / Section 746.340
746.340 Conditions to be met by defendant unauthorized insurer before filing motions or pleadings
Status: in_force

(1) Except as provided in subsection (3) of this section, before any unauthorized insurer may file or cause to be filed any motion or pleading in an action started against it by service of process in the manner provided in ORS 746.320 (Service of process equivalent to personal service on unauthorized foreign or alien insurer) , the defendant insurer shall either:

(a) Procure a certificate of authority to transact insurance in this state; or

(b) Deposit cash or securities or file a bond with good and sufficient sureties, approved by the court, with the clerk of the court in which such action is pending in an amount, fixed by the court, sufficient to secure the payment of any judgment which may be entered in such action. However, the court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court that the insurer maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action.

(2) The court may order such postponement as may be necessary to give such insurer reasonable opportunity to comply with subsection (1) of this section and to prepare its defense in such action.

(3) Nothing in ORS 746.320 (Service of process equivalent to personal service on unauthorized foreign or alien insurer) to 746.360 (Exceptions to application of unauthorized insurer service of process law) shall be construed to prevent a defendant unauthorized insurer from filing a motion to set aside service of process made in the manner provided in ORS 746.320 (Service of process equivalent to personal service on unauthorized foreign or alien insurer) on the ground that such insurer has not done any of the acts described in subsection (2) of such section. [Formerly 736.256]

Source: Section 746.340 — Conditions to be met by defendant unauthorized insurer before filing motions or pleadings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 731.248 — OR Code / Title 56 / Chapter 731 / Section 731.248
731.248 Orders
Status: in_force

(1) Orders of the Director of the Department of Consumer and Business Services shall be effective only when in writing and signed by the director or by the authority of the director. Orders shall be filed in the Department of Consumer and Business Services.

(2) Every such order shall state:

(a) Its effective date;

(b) Its intent or purpose;

(c) The grounds on which based; and

(d) The provisions of the Insurance Code pursuant to which action is taken or proposed to be taken.

(3) Except as may be provided in the Insurance Code respecting particular procedures, an order or notice may be given by delivery to the person to be ordered or notified or by mailing it by certified or registered mail, return receipt requested, postage prepaid, addressed to the person at the residence or principal place of business of the person as last of record in the department. Notice so mailed shall be deemed to have been given when deposited in a letter depository of a United States post office. [1967 c.359 §55]

Source: Section 731.248 — Orders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 731.386 — OR Code / Title 56 / Chapter 731 / Section 731.386
731.386 Management of insurers
Status: in_force

The Director of the Department of Consumer and Business Services shall not grant or continue authority to transact insurance in this state for any insurer:

(1) The management of which is found by the director to be untrustworthy or so lacking in insurance experience as to make the proposed operation or the continued operation hazardous to the insurance-buying public; or

(2) That the director has good reason to believe is affiliated directly or indirectly through ownership, control, reinsurance transactions or other insurance or business relations, with any person whose business operations are or have been marked to the detriment of policyholders, stockholders, investors, creditors or the public, by manipulation or dissipation of assets, manipulation of accounts or reinsurance, or by similar injurious actions. [1967 c.359 §81; 1993 c.447 §15]

Source: Section 731.386 — Management of insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.254 — OR Code / Title 56 / Chapter 742 / Section 742.254
742.254 Mutual fire insurance policy cancellation
Status: in_force

(1) A mutual fire insurer may cancel or terminate any fire insurance policy by giving the insured five days’ written notice and returning to the insured any unearned assessment computed pro rata.

(2) A mutual fire insurer shall use and issue only the standard form of policy required by ORS 742.202 (Standard fire insurance policy) , except that:

(a) It is not required upon cancellation of the insurance policy or certificate of membership to return any part of any policy, certificate, membership or inspection fee that may have been charged.

(b) Where a definite part of the amount charged has been collected for and designated as an expense assessment, it may by bylaw determine the amount of refund that shall be made from such expense assessment.

(c) If it is on an assessment basis, levying assessments at such times and in such amounts as are necessary to defray its losses and expenses, it may provide by bylaw that no part of the assessments shall be returned.

(d) If it is organized for the insurance of a single class of risks and the assessment charged in a flat sum, it may provide in the insurance policy that no return assessment shall be paid upon cancellation. [Formerly 744.460 and then 743.681]

Source: Section 742.254 — Mutual fire insurance policy cancellation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743b.424 — OR Code / Title 56 / Chapter 743b / Section 743b.424
743B.424 Applicability
Status: in_force

The provisions of ORS 743B.001 (Definitions) , 743B.220 (Requirements for insurers that require designation of participating primary care physician) , 743B.405 (Medical services contract provisions) and 743B.422 (Utilization review requirements for medical services contracts to which insurer not party) do not apply to medical services contracts for services to be provided under ORS chapter 656. [Formerly 743.811]

Note: See note under 743B.405 (Medical services contract provisions) .

Source: Section 743B.424 — Applicability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743.269 — OR Code / Title 56 / Chapter 743 / Section 743.269
743.269 Periodic payments for period certain
Status: in_force

An annuity policy meeting the requirements of this section may provide that periodic payments shall be made under the policy for a period certain. Payments under such a policy shall begin on a date less than 13 months after the date on which the insurer issues the policy. The policy shall provide that payments will be made for a period of five years or more. The periodic payments may be fixed or variable in amount. If such policy offers commuted values on the annuity, such values must be based on an interest rate not more than one percent in excess of the interest rates that were used in determining the payments when the annuity was purchased. [1995 c.632 §2]

Source: Section 743.269 — Periodic payments for period certain , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 741.102 — OR Code / Title 56 / Chapter 741 / Section 741.102
741.102 Health Insurance Exchange Fund
Status: in_force

The Health Insurance Exchange Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Health Insurance Exchange Fund shall be credited to the fund. The Health Insurance Exchange Fund consists of moneys received by the Oregon Health Authority under ORS 741.001 (Health insurance exchange) to 741.540 (Complaints and investigations confidential) . Moneys in the fund are continuously appropriated to the authority for carrying out the purposes of ORS 741.001 (Health insurance exchange) to 741.540 (Complaints and investigations confidential) . [2015 c.3 §14; 2015 c.3 §15; 2021 c.569 §22]

Source: Section 741.102 — Health Insurance Exchange Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors741.­html (accessed May 26, 2025).
ORS § 743b.283 — OR Code / Title 56 / Chapter 743b / Section 743b.283
743B.283 Submission of methodology used to determine insurer’s allowable charges
Status: in_force

An insurer offering a health benefit plan as defined in ORS 743B.005 (Definitions) must submit to the Director of the Department of Consumer and Business Services:

(1) Upon request by the director, the methodology used to determine the insurer’s allowable charges for out-of-network procedures and services or, if the insurer uses a third party to determine the charges, the methodology used by the third party to determine allowable charges;

(2) For approval, a written explanation of the method used by the insurer to determine the allowable charge, that is in plain language and that must be provided upon request to enrollees directly, or, in the case of group coverage, to the employer or other policyholder for distribution to enrollees; and

(3) Information prescribed by the director as necessary to assess the effect of the disclosure requirements in ORS 743B.281 (Estimate of costs for in-network procedure or service) and 743B.282 (Estimate of costs for out-of-network procedure or service) on the individual and group health insurance markets. [Formerly 743.878]

Note: See note under 743B.280 (Definitions for ORS 743B.280 to 743B.285) .

Source: Section 743B.283 — Submission of methodology used to determine insurer’s allowable charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 742.004 — OR Code / Title 56 / Chapter 742 / Section 742.004
742.004 Exemptions from requirement to file rates and policy forms
Status: in_force

(1) Notwithstanding provisions of the Insurance Code that require insurers to file rates and policy forms with the Director of the Department of Consumer and Business Services, and except as provided in subsections (3), (4) and (5) of this section, an insurer is exempt from the requirement to file with the director rates or policy forms for the classes of insurance specified in subsection (2) of this section.

(2) Intentionally left blank —Ed.

(a) The following classes of insurance are subject to the exemption described in subsection (1) of this section:

(A) Surety insurance;

(B) Wet marine and transportation insurance;

(C) Boiler and machinery insurance;

(D) Environmental impairment and pollution insurance;

(E) Kidnap and ransom insurance;

(F) Political risk or expropriation insurance;

(G) Insurance for property with these characteristics:

(i) The owner or property manager demonstrates a willingness and determination to reduce the probability of a loss;

(ii) The owner or property manager conducts periodic and thorough specialized inspections and engineering for the purpose of preventing or minimizing loss;

(iii) The property has an insurable value sufficient for an insurer to charge a premium in an amount that warrants providing specialized inspection and engineering services;

(iv) The property has a structural design and degree of protection that, in combination with specialized inspection and engineering services, has the effect of reducing the need for or importance of publicly provided fire protection;

(v) The property’s construction uses fire resistant or incombustible heavy timber or similar materials that are well preserved and in good repair;

(vi) The property has fire protection or loss prevention equipment in all areas in which fire prevention or loss protection is necessary;

(vii) The owner or property manager provides security and alarm service or equivalent security services or equipment where necessary; and

(viii) Sufficient numbers of hydrants, hoses and equipment, an adequate water supply and other components of a private or publicly provided fire protection system exist to protect the property’s exterior; and

(H) Commercial lines insurance that the director exempts, other than coverage specified in subsection (4) of this section, for large commercial policyholders that pay an annual aggregate premium threshold amount or that meet other requirements the director specifies.

(b) An exemption for the classes of insurance described in paragraph (a) of this subsection applies whether the insurer provides the insurance as a stand-alone policy, as an endorsement or as part of other insurance coverage.

(3) Notwithstanding provisions of the Insurance Code that require insurers to file rates and policy forms with the director, and except as provided in subsections (4) and (5) of this section, the director by rule may exempt or amend the rate and form filing requirements for any commercial line of insurance if the director determines that:

(a) The requirement is not desirable or is not necessary to protect the public; and

(b) An exemption or amendment would enhance competition.

(4) The following classes of insurance are not exempt under subsection (1) of this section:

(a) Workers’ compensation insurance;

(b) Medical malpractice liability insurance;

(c) Commercial automobile liability insurance;

(d) Coverage that an insurer issues under an assigned risk plan or through a residual market pool or residual market facility; and

(e) Insurance for a project, as defined in ORS 737.602 (Authorization for insurance for certain projects) .

(5) This section does not apply to any class or line of insurance that an insurer transacts with a consumer, as defined in ORS 746.600 (Definitions for ORS 746.600 to 746.690) .

(6) Intentionally left blank —Ed.

(a) The director may publish a sample disclosure notice that an insurer may issue without needing to file the disclosure with the director for review or approval if the insurer issues the disclosure together with an insurance policy that is a claims-made insurance policy or a liability insurance policy that includes defense costs within the limits of liability.

(b) An insurer need not use the sample disclosure notice described in paragraph (a) of this subsection. An insurer that does not use the sample disclosure notice shall file the insurer’s proposed notice with the director for review and approval. If the director approves the insurer’s proposed notice, the insurer may issue the notice with all of the insurer’s claims-made insurance policies or policies that include defense costs within the limits of liability without submitting the notice to the director for further review or approval.

(7) The director may adopt rules to implement this section. [2017 c.492 §2]

Note: 742.004 (Exemptions from requirement to file rates and policy forms) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 742.004 — Exemptions from requirement to file rates and policy forms; application to consumer insurance; sample disclosure notice; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 750.305 — OR Code / Title 56 / Chapter 750 / Section 750.305
750.305 Application for certificate
Status: in_force

An association or group of employers seeking to provide health benefits through a multiple employer welfare arrangement must apply for a certificate of multiple employer welfare arrangement on a form prescribed by the Director of the Department of Consumer and Business Services. The application must be completed and submitted to the director along with all of the following:

(1) Copies of all articles, bylaws, agreements and other documents or instruments describing the rights and obligations of employers, employees and beneficiaries with respect to the multiple employer welfare arrangement.

(2) A copy of the trust agreement of the multiple employer welfare arrangement.

(3) Current financial statements of the multiple employer welfare arrangement on the basis of statutory accounting principles.

(4) Proof of a bond for the purpose and in the form and amount required by ORS 750.318 (Officers and persons appointed to act on behalf of board) .

(5) A statement showing in full detail the plan for offering health care benefits through the multiple employer welfare arrangement. The plan must show that the association or group of employers and the trust meet the requirements of ORS 750.307 (Requirements for association or group) and 750.309 (Requirements for trust) and must show the procedure established for handling claims for benefits in the event of dissolution of the multiple employer welfare arrangement.

(6) Copies of all contracts or other instruments proposed to be made, offered or sold through the multiple employer welfare arrangement to its member employers, together with a copy of its plan description and the proposed printed matter to be used in the solicitation of member employers.

(7) Evidence that the multiple employer welfare arrangement has applications from five or more employers meeting the requirements of ORS 750.307 (Requirements for association or group) and will provide similar benefits for 200 or more participating employees.

(8) Proof of adequate reserves according to the requirements of ORS 750.315 (Maintenance of reserves) .

(9) Proof of deposit with the Department of Consumer and Business Services of the initial amount required under ORS 750.309 (Requirements for trust) (4) as a guarantee of the due execution of the trust obligation. [1993 c.615 §4; 1999 c.196 §13]

Note: See note under 750.301 (Definitions for ORS 750.301 to 750.341) .

Source: Section 750.305 — Application for certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 744.991 — OR Code / Title 56 / Chapter 744 / Section 744.991
744.991 Criminal penalties
Status: in_force

(1) Violation of ORS 744.369 (Unlawful life settlement contract actions) , in addition to any applicable prescribed denial, suspension or revocation of any license or civil forfeiture, shall be punishable upon conviction as for the crime of theft under ORS 164.015 (“Theft” described) to 164.135 (Unauthorized use of a vehicle) or the crime of forgery or related offenses under ORS 165.002 (Definitions for ORS 165.002 to 165.070) to 165.070 (Possessing fraudulent communications device) .

(2) A person convicted of a violation of ORS 744.369 (Unlawful life settlement contract actions) may be ordered to pay restitution to persons aggrieved by the violation of ORS 744.369 (Unlawful life settlement contract actions) . Restitution may be ordered in addition to a fine or imprisonment, but not in lieu of a fine or imprisonment.

(3) Except for an act under ORS 744.369 (Unlawful life settlement contract actions) (8) to (16), the penalties of this section shall not apply to an owner. [2009 c.711 §19]

Source: Section 744.991 — Criminal penalties; restitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743a.105 — OR Code / Title 56 / Chapter 743a / Section 743a.105
743A.105 HPV vaccine
Status: in_force

(1) All health benefit plans, as defined in ORS 743B.005 (Definitions) , shall include coverage of the human papillomavirus vaccine for beneficiaries under the health benefit plan who are at least 11 years of age but no older than 26 years of age.

(2) ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) does not apply to this section. [2009 c.630 §2; 2017 c.152 §6]

Note: 743A.105 (HPV vaccine) 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.105 — HPV vaccine , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 743a.169 — OR Code / Title 56 / Chapter 743a / Section 743a.169
743A.169 Behavioral and physical health services provided on same day or in same facility
Status: in_force

(1) As used in this section:

(a) “Behavioral health home” means an entity providing behavioral health services that the Oregon Health Authority has found to meet the core attributes established under ORS 413.259 (Patient centered primary care home program and behavioral health home program) for a behavioral health home.

(b) “Patient centered primary care home” means an entity providing health care services that the authority has found to meet the core attributes established under ORS 413.259 (Patient centered primary care home program and behavioral health home program) for a patient centered primary care home.

(2) An individual or group policy or certificate of health insurance that reimburses the cost of hospital, medical or surgical expenses, other than coverage limited to expenses from accidents or specific diseases and limited benefit coverage, may not:

(a) Exclude coverage for a behavioral health service or a physical health service on the basis that the behavioral health service and physical health service were provided on the same day or in the same facility.

(b) Impose a copayment for physical health services provided by an in-network provider in a behavioral health home on the same day or in the same facility that a copayment was charged for behavioral health services.

(c) Impose a copayment for behavioral health services provided by an in-network provider in a patient centered primary care home on the same day or in the same facility that a copayment was charged for physical health services.

(d) Require prior authorization for a covered behavioral health service provided by a specialist in a behavioral health home or a patient centered primary care home.

(3) Subsection (2)(a) of this section does not apply to a health benefit plan in which providers are reimbursed by payment of a fixed global budget, using a value-based payment arrangement or using other alternative payment methodologies.

(4) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [2022 c.37 §7]

Note: 743A.169 (Behavioral and physical health services provided on same day or in same facility) 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.169 — Behavioral and physical health services provided on same day or in same facility; behavioral health services provided by behavioral health home specialist or patient centered primary care home specialist , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 737.235 — OR Code / Title 56 / Chapter 737 / Section 737.235
737.235 Examining rating systems of insurers
Status: in_force

(1) The Director of the Department of Consumer and Business Services may make or cause to be made an examination of every insurer transacting any class of insurance to which the provisions of this chapter are applicable to ascertain whether such insurer and every rate and rating system used by it for every such class of insurance complies with the requirements and standards of this chapter.

(2) The officers, managers, agents and employees of any insurer, under examination, may be examined at any time under oath and shall exhibit all books, records, accounts, documents or agreements governing its method of operation, together with all data, statistics and information of every kind and character collected or considered by such insurer in the conduct of the operations to which such examination relates.

(3) The reasonable cost of any examination authorized by this section shall be paid by the organization or insurer to be examined including actual necessary transportation and traveling expenses.

(4) Notwithstanding any other provision of law, all reimbursable expenses collected by the director under subsection (3) of this section shall be deposited in the fund created by ORS 705.145 (Consumer and Business Services Fund) for the payment of expenses incurred in conducting the examinations authorized by this section. The moneys deposited shall be continuously appropriated for such purpose. [1969 c.690 §12; 1987 c.373 §83]

Source: Section 737.235 — Examining rating systems of insurers; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 735.350 — OR Code / Title 56 / Chapter 735 / Section 735.350
735.350 Agent or broker
Status: in_force

Any person acting or offering to act as an insurance producer for a risk retention group or purchasing group that solicits members, sells insurance coverage, purchases coverage for its members located within this state or otherwise does business in this state shall, before commencing any such activity, obtain a license as an insurance producer from the director under ORS chapter 744. [1987 c.774 §108; 1989 c.701 §71; 2003 c.364 §94]

Source: Section 735.350 — Agent or broker; license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 735.643 — OR Code / Title 56 / Chapter 735 / Section 735.643
735.643 Injunction
Status: in_force

(1) A person, a municipal or other public corporation or, at the request of the Director of the Department of Consumer and Business Services, the Attorney General may bring an action in a circuit court of this state against a person that operates or purports to operate as a discount medical plan organization but that has not obtained a license under ORS 735.634 (License application) , to:

(a) Enjoin the person from operating or purporting to operate as a discount medical plan organization or from violating ORS 735.638 (Duties of discount medical plan organization) or 735.639 (Prohibited activities) or any rule adopted thereunder; or

(b) Recover actual damages or statutory damages under this section that arise from the person’s violation of ORS 735.638 (Duties of discount medical plan organization) or 735.639 (Prohibited activities) or any rule adopted thereunder.

(2) A plaintiff may bring an action under this section in the county where:

(a) The plaintiff resides or conducts business; or

(b) The defendant marketed, offered for sale or sold, promoted, distributed or advertised a discount medical plan.

(3) If the court finds that the defendant has violated ORS 735.632 (License requirement for conducting business as discount medical plan organization) , 735.638 (Duties of discount medical plan organization) or 735.639 (Prohibited activities) or any rule adopted thereunder, the court shall enjoin the defendant from continuing the violation.

(4) Unless a plaintiff seeks actual or statutory damages under this section, the plaintiff need not allege or prove actual damages to bring an action for an injunction under this section.

(5) In addition to injunctive relief, the plaintiff who prevails in an action brought under this section is entitled to recover from the defendant:

(a) $100 for each discount medical plan membership sold or otherwise distributed within this state or $10,000, whichever is greater;

(b) Three times the amount of actual damages, if any, that the plaintiff sustained;

(c) Reasonable attorney fees;

(d) Costs; and

(e) Any other relief the court deems proper.

(6) A plaintiff must commence an action under this section within two years after the date on which the violation described in subsection (1) of this section occurred or within two years after the plaintiff bringing the action discovered or in the exercise of reasonable diligence should have discovered the violation. The plaintiff may have an additional 180 days after the two-year period provided in this subsection within which to commence an action if the plaintiff can prove by a preponderance of the evidence that the plaintiff failed to timely commence the action because of conduct by the defendant calculated solely to induce the plaintiff to refrain from or postpone commencement of the action.

(7) The remedies provided in this section are cumulative and are in addition to any other applicable criminal, civil or administrative penalties. [Formerly 742.440]

Note: See note under 735.631 (Definitions for ORS 735.631 to 735.643) .

Source: Section 735.643 — Injunction; damages; venue; time for commencing action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 735.552 — OR Code / Title 56 / Chapter 735 / Section 735.552
735.552 Pharmacy claims audits
Status: in_force

ORS 735.540 (Definitions for ORS 735.540 to 735.552) to 735.552 (Pharmacy claims audits) do not:

(1) Preclude an entity from instituting an action for fraud against a pharmacy;

(2) Apply to an audit of pharmacy records when fraud or other intentional and willful misrepresentation is evidenced by physical review, review of claims data or statements or other investigative methods; or

(3) Apply to a state agency that is conducting audits or a person that has contracted with a state agency to conduct audits of pharmacy records for prescription drugs paid for by the state medical assistance program. [2013 c.570 §10]

Note: See note under 735.530 (Definitions for ORS 735.530 to 735.552) .

Source: Section 735.552 — Pharmacy claims audits; exception for fraud , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 733.331 — OR Code / Title 56 / Chapter 733 / Section 733.331
733.331 Opinion of appointed actuary
Status: in_force

(1) Intentionally left blank —Ed.

(a) Every insurer that has outstanding accident and health insurance contracts, deposit-type contracts or life insurance contracts in this state and is subject to regulation by the Director of the Department of Consumer and Business Services shall annually submit to the director the opinion of an appointed actuary as to whether the reserves and related actuarial items the insurer holds in support of the policies and contracts are computed appropriately, are based on assumptions that satisfy contractual provisions, are consistent with prior reported amounts and comply with applicable laws of this state. The opinion must comply with the specific standards and scope set forth in the valuation manual and must:

(A) Meet the specifications for form and substance set forth in the valuation manual and otherwise be acceptable to the director.

(B) Accompany an annual statement that reflects the valuation of reserve liabilities for each year that ends on or after the operative date of the valuation manual.

(C) Apply to all policies and contracts that are subject to subsection (2) of this section, plus other actuarial liabilities that the valuation manual may specify.

(D) Be based on standards that the Actuarial Standards Board adopts, or that a successor to the Actuarial Standards Board adopts, and on any other additional standards that the valuation manual prescribes and that the director adopts by rule.

(b) The director may accept an opinion that a foreign or alien insurer filed with the insurance supervisory official of another state as the opinion the foreign or alien insurer must submit under this section if the director determines that the opinion reasonably meets the requirements that apply to an insurer domiciled in this state.

(2) Intentionally left blank —Ed.

(a) Every insurer that has outstanding accident and health insurance contracts, deposit-type contracts or life insurance contracts in this state, that is subject to regulation by the director and that is not exempted in the valuation manual shall include in the opinion required under subsection (1) of this section an opinion of the same appointed actuary as to whether the reserves and related actuarial items the insurer holds in support of the policies and contracts specified in the valuation manual, when considered in light of the assets the insurer holds with respect to the reserves and related actuarial items, including but not limited to investment earnings on the assets and the considerations the insurer expects to receive and retain under the policies and contracts, provide adequately for the insurer’s obligations under the policies and contracts, including but not limited to the benefits under and expenses associated with the policies and contracts.

(b) For each opinion that an insurer submits under paragraph (a) of this subsection, the insurer shall support the opinion with a memorandum that meets the specifications for form and substance set forth in the valuation manual and that is otherwise acceptable to the director. If the insurer fails to provide a supporting memorandum at the director’s request within a period specified in the valuation manual, or if the director determines that the supporting memorandum the insurer provides fails to meet the standards prescribed by the valuation manual or is otherwise unacceptable, the director may engage a qualified actuary at the insurer’s expense to review the opinion and the basis for the opinion and to prepare the supporting memorandum the director requires.

(3) Except in cases of fraud or willful misconduct, the appointed actuary is not liable for damages to any person other than the insurer and the director for any act, error, omission, decision or conduct with respect to the appointed actuary’s opinion.

(4) The director shall take any disciplinary action against an insurer or an appointed actuary in accordance with rules the director adopts. [2015 c.547 §13]

Source: Section 733.331 — Opinion of appointed actuary; liabilities of appointed actuary; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 743.210 — OR Code / Title 56 / Chapter 743 / Section 743.210
743.210 Determination of cash surrender values
Status: in_force

(1) Except as otherwise provided in subsections (2) and (3) of this section, any cash surrender value available under a life insurance policy in the event of default in a premium payment due on any policy anniversary, whether or not required by ORS 743.207 (Required provisions relating to nonforfeiture) , shall be an amount not less than the excess, if any, of the present value, on such anniversary, of the future guaranteed benefits which would have been provided for by the policy, including any existing paid-up additions, if there had been no default, over the sum of:

(a) The present value on such anniversary of the adjusted premiums, as defined in ORS 743.215 (Calculation of adjusted premiums) and 743.216 (Adjusted premiums) , corresponding to premiums which would have fallen due on and after such anniversary; and

(b) The amount of any indebtedness to the insurer on the policy.

(2) This subsection applies to a life insurance policy issued on or after the operative date defined in ORS 743.215 (Calculation of adjusted premiums) which provides supplemental life insurance or annuity benefits by rider or supplemental policy provision at the option of the insured and for an identifiable additional premium. For such a policy, the cash surrender value shall be an amount not less than the cash surrender value required by subsection (1) of this section for a policy otherwise similar to the subject policy but without such rider or supplemental policy provision, plus the cash surrender value required by subsection (1) of this section for a policy which provides only the benefits provided by such rider or supplemental policy provision in the subject policy.

(3) This subsection applies to a family life insurance policy issued on or after the operative date defined in ORS 743.215 (Calculation of adjusted premiums) which policy defines a primary insured and provides term insurance on the life of the spouse of the primary insured with a term that expires before age 71 of the spouse. For such a policy, the cash surrender value shall be an amount not less than the cash surrender value required by subsection (1) of this section for a policy otherwise similar to the subject policy but without such term insurance on the life of the spouse, plus the cash surrender value required by subsection (1) of this section for a policy which provides only the benefits provided by such term insurance on the life of the spouse in the subject policy.

(4) Any cash surrender value available within 30 days after any policy anniversary under any policy which has been paid up by completion of all premium payments or any policy which has been continued under any paid-up nonforfeiture benefit, whether or not required by ORS 743.207 (Required provisions relating to nonforfeiture) , shall be an amount not less than the present value, on such anniversary, of the future guaranteed benefits provided for by the policy, including any existing paid-up additions, decreased by the amount of any indebtedness to the insurer on the policy. [Formerly 739.350; 1981 c.609 §14]

Source: Section 743.210 — Determination of cash surrender values; applicability to certain policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 733.720 — OR Code / Title 56 / Chapter 733 / Section 733.720
733.720 Investments subject to additional limitations and requirements
Status: in_force

Except as may be expressly provided to the contrary in ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) , all investments shall be subject to the qualifications, restrictions and limitations set forth in ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) . [Formerly 738.333]

Source: Section 733.720 — Investments subject to additional limitations and requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 744.820 — OR Code / Title 56 / Chapter 744 / Section 744.820
744.820 Director authority if reinsurance intermediary broker or manager violates provisions of ORS 744.800 to 744.818
Status: in_force

If the Director of the Department of Consumer and Business Services finds that a reinsurance intermediary broker or a reinsurance intermediary manager has violated any provision of ORS 744.800 (Qualifications for reinsurance intermediary brokers and managers) to 744.818 (Errors and omissions insurance for reinsurance intermediary manager) , the director may order the reinsurance intermediary broker or reinsurance intermediary manager to reimburse the insurer, reinsurer, rehabilitator or liquidator for losses incurred by the insurer or reinsurer because of the violation. The director may take action under this section in addition to or instead of any other action that the director may take under the Insurance Code. [1993 c.447 §83a; 2003 c.364 §37]

Source: Section 744.820 — Director authority if reinsurance intermediary broker or manager violates provisions of ORS 744.800 to 744.818 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 742.570 — OR Code / Title 56 / Chapter 742 / Section 742.570
742.570 Notifying insured under canceled or unrenewed policy of eligibility for participation in insurance pool
Status: in_force

When automobile bodily injury and property damage liability coverage is canceled, other than for nonpayment of premium, or in the event of failure to renew automobile bodily injury and property damage liability coverage to which ORS 742.566 (Renewal of policies) applies, the insurer shall notify the named insured of possible eligibility for automobile liability insurance through any insurance pool or facility operating in this state, whether voluntarily or under statute or rule. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew. [Formerly 743.925]

Source: Section 742.570 — Notifying insured under canceled or unrenewed policy of eligibility for participation in insurance pool , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 731.470 — OR Code / Title 56 / Chapter 731 / Section 731.470
731.470 Attorney for reciprocal insurer
Status: in_force

(1) Any instrument required to be verified by the oath of the attorney for a reciprocal insurer may, in case of an incorporated attorney, be verified by the oath of the president, vice president, secretary or other executive officer of such corporation.

(2) The certificate of authority of a reciprocal insurer shall be issued to its attorney in the name of the insurer.

(3) The Director of the Department of Consumer and Business Services may refuse, suspend or revoke the certificate of authority, in addition to other grounds therefor, for failure of a reciprocal insurer’s attorney to comply with any provision of the Insurance Code.

(4) The attorney for an authorized foreign or alien reciprocal insurer shall not, by virtue of discharge of its duties as such attorney with respect to the insurer’s transactions in this state, be thereby deemed to be doing business in this state within the meaning of any laws of this state applying to foreign persons. [Formerly 749.140]

Source: Section 731.470 — Attorney for reciprocal insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743.287 — OR Code / Title 56 / Chapter 743 / Section 743.287
743.287 Commencement of annuity payments at optional maturity dates
Status: in_force

(1) For the purpose of determining the benefits calculated under ORS 743.284 (Computation of benefits) (2) and (3) in the case of annuity policies under which an election may be made to have annuity payments commence at optional maturity dates, the maturity date shall be considered to be the latest date for which such election is permitted by the policy, but not later than the policy anniversary next following the annuitant’s 70th birthday or the 10th anniversary of the policy, whichever is later.

(2) Any paid-up annuity, cash surrender or death benefits available at any time, other than on the policy anniversary of a policy with fixed scheduled considerations, shall be calculated with allowance for the lapse of time and the payment of any scheduled considerations beyond the start of the policy year in which termination of considerations occurs. [1977 c.320 §6; 2003 c.370 §6]

Source: Section 743.287 — Commencement of annuity payments at optional maturity dates; calculation of benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 734.160 — OR Code / Title 56 / Chapter 734 / Section 734.160
734.160 Order of rehabilitation for domestic insurers
Status: in_force

(1) An order to rehabilitate a domestic insurer shall direct the Director of the Department of Consumer and Business Services forthwith to take possession of the property of the insurer and to conduct the business thereof, and to take such steps toward removal of the causes and conditions which have made rehabilitation necessary as the court may direct.

(2) If at any time the director deems that further efforts to rehabilitate the insurer would be useless, the director may apply to the court for an order of liquidation under ORS 734.180 (Order of liquidation of domestic insurers) .

(3) The director, or any interested person upon due notice to the director, at any time may apply for an order terminating the rehabilitation proceeding and permitting the insurer to resume possession of its property and the conduct of its business, but no such order shall be granted except after a full hearing. [1967 c.359 §270]

Source: Section 734.160 — Order of rehabilitation for domestic insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 735.406 — OR Code / Title 56 / Chapter 735 / Section 735.406
735.406 Cost of living adjustment to net worth, revenues and expenses of exempt commercial purchasers
Status: in_force

Beginning on January 1, 2015, and each fifth January 1 occurring thereafter, the amounts in ORS 735.405 (Definitions for ORS 735.400 to 735.495) (6)(c)(A), (B) and (D) shall be adjusted to reflect the percentage change for such five-year period in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. [2011 c.660 §7; 2019 c.57 §33]

Source: Section 735.406 — Cost of living adjustment to net worth, revenues and expenses of exempt commercial purchasers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 742.056 — OR Code / Title 56 / Chapter 742 / Section 742.056
742.056 Certain conduct not deemed waiver
Status: in_force

Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of or estoppel to assert any provision of a policy or of any defense of the insurer thereunder:

(1) Acknowledgment of the receipt of notice of loss or claim under the policy.

(2) Furnishing forms for reporting a loss or claim, for giving information relative thereto, or for making proof of loss, or receiving or acknowledging receipt of any such forms or proofs completed or uncompleted.

(3) Investigating any loss or claim under the policy or engaging in negotiations looking toward a possible settlement of any such loss or claim. [Formerly 743.096]

Source: Section 742.056 — Certain conduct not deemed waiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 732.553 — OR Code / Title 56 / Chapter 732 / Section 732.553
732.553 Certain information not required to be disclosed
Status: in_force

Information that is not material for the purposes of registration under 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) need not be disclosed on the registration statement filed pursuant to ORS 732.552 (Registration statement) . Unless the Director of the Department of Consumer and Business Services by rule or order provides otherwise, sales, purchases, exchanges, loans or extensions of credit, investments or guarantees involving one-half of one percent or less of an insurer’s admitted assets as of the December 31 next preceding the date of the registration statement or amendment shall not be deemed material for purposes of registration under 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) . [Formerly 732.635]

Source: Section 732.553 — Certain information not required to be disclosed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 731.992 — OR Code / Title 56 / Chapter 731 / Section 731.992
731.992 Criminal penalty
Status: in_force

(1) A violation of ORS 731.260 (False or misleading filings) is a Class A misdemeanor.

(2) A violation of a provision of 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) is a Class C felony.

(3) An officer, director or employee of an insurance holding company system who willfully and knowingly makes, causes to be made, or subscribes to, a false statement, report or filing with the intent to deceive the Director of the Department of Consumer and Business Services in the performance of the director’s duties under 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) is guilty of a Class C misdemeanor. The officer, director or employee shall pay any fines imposed under this subsection in the officer’s, director’s or employee’s individual capacity.

(4) A violation of any provision of the Insurance Code for which the Insurance Code or other applicable laws of this state do not provide a greater penalty, in addition to any applicable prescribed denial, suspension or revocation of any certificate or license or any civil forfeiture, is a Class A misdemeanor. [1967 c.359 §145; 1987 c.158 §154a; 2011 c.597 §297; 2013 c.370 §16]

Source: Section 731.992 — Criminal penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 748.322 — OR Code / Title 56 / Chapter 748 / Section 748.322
748.322 Continuation of membership in society after cancellation, discontinuance or nonrenewal of group certificate
Status: in_force

If any group certificate is canceled, discontinued or not renewed, or if any individual member of a group ceases to be a member of the group, the members of the group or any individual member who ceases to be a member of the group may be permitted to continue membership in the society for the same amount of protection at the required rate of monthly or other payment and in all other respects as provided in the laws of the society. [1987 c.490 §41]

Source: Section 748.322 — Continuation of membership in society after cancellation, discontinuance or nonrenewal of group certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 743a.040 — OR Code / Title 56 / Chapter 743a / Section 743a.040
743A.040 Services provided by optometrist
Status: in_force

Notwithstanding any provision of any policy of health insurance, whenever the policy provides for payment or reimbursement for a service that is within the lawful scope of practice of a licensed optometrist, the insurer shall provide payment or reimbursement for the service, whether the service is performed by a physician or a licensed optometrist. Unless the policy provides otherwise, there shall be no reimbursement for ophthalmic materials, lenses, spectacles, eyeglasses or appurtenances thereto. [Formerly 743.703]

Source: Section 743A.040 — Services provided by optometrist , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 743.271 — OR Code / Title 56 / Chapter 743 / Section 743.271
743.271 Periodic stipulated payments on variable annuities
Status: in_force

A variable annuity policy requiring periodic stipulated payments to the insurer shall contain in substance the following provisions:

(1) A provision that there will be a period of grace of 30 days within which any stipulated payment to the insurer after the first may be made, during which period of grace the policy will continue in full force. The policy may include a statement of the basis for determining the date as of which any such payment received during the period of grace will be applied.

(2) A provision that, at any time within one year from the date of a default in making periodic stipulated payments to the insurer during the life of the annuitant, and unless the cash surrender value has been paid, the policy may be reinstated upon payment to the insurer of the overdue payments and all indebtedness to the insurer on the policy, with interest. The policy may include a statement of the basis for determining the date as of which the amount to cover such overdue payments and indebtedness will be applied.

(3) A provision specifying the options available in the event of a default in a periodic stipulated payment. Such options may include an option to surrender the policy for a cash value as determined by the policy, and shall include an option to receive a paid-up annuity if the policy is not surrendered for cash, the amount of the paid-up annuity being determined by applying the value of the policy at the annuity commencement date in accordance with the terms of the policy. [1973 c.435 §21]

Source: Section 743.271 — Periodic stipulated payments on variable annuities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 744.324 — OR Code / Title 56 / Chapter 744 / Section 744.324
744.324 Life settlement investment agents
Status: in_force

A person shall not operate as a life settlement investment agent unless the person holds a license of life settlement investment agent issued by the Director of the Department of Consumer and Business Services or the person has obtained the appropriate license from the equivalent chief insurance regulatory official of the state of residence of the life settlement purchaser whom the agent is negotiating with on behalf of a life settlement provider. If there is more than one purchaser of a single policy and the purchasers are residents of different states, the life settlement investment agent must be licensed by the state in which the purchaser having the largest percentage ownership resides or, if the purchasers hold equal ownership, the state of residence of one purchaser agreed upon in writing by all purchasers. [2009 c.711 §5]

Source: Section 744.324 — Life settlement investment agents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 732.533 — OR Code / Title 56 / Chapter 732 / Section 732.533
732.533 Statement of acquisition
Status: in_force

Not later than the 30th day after consummation of an activity described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) (1), the acquiring party shall submit to the Director of the Department of Consumer and Business Services a statement that the activity has been consummated. The statement must be made under the oath of the presiding officer of the board of directors of the acquiring party. [1993 c.447 §33]

Source: Section 732.533 — Statement of acquisition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 743.441 — OR Code / Title 56 / Chapter 743 / Section 743.441
743.441 Legal actions
Status: in_force

A health insurance policy shall contain a provision as follows: “LEGAL ACTIONS: No action at law or in equity shall be brought to recover on this policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of three years after the time written proof of loss is required to be furnished.” [1967 c.359 §439]

Source: Section 743.441 — Legal actions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 734.280 — OR Code / Title 56 / Chapter 734 / Section 734.280
734.280 Form of claim
Status: in_force

(1) All claims against an insurer, against which delinquency proceedings have been begun, shall set forth in reasonable detail the amount of the claim, or the basis upon which such amount can be ascertained, the facts upon which the claim is based, and the priorities asserted, if any. All such claims shall be verified by the affidavit of the claimant, or someone authorized to act on behalf of the claimant and having knowledge of the facts, and shall be supported by such documents as may be material thereto.

(2) All claims filed in this state shall be filed with the receiver, whether domiciliary or ancillary, in this state, on or before the last date for filing as specified in this chapter.

(3) After the expiration of any period for filing of claims, the receiver shall report the claims filed within such period to the court, specifying in such report the recommendation of the receiver with respect to the action to be taken thereon. Upon receipt of such report, the court shall fix a time for hearing such claims and shall direct that the claimants or the receiver, as the court shall specify, shall give such notice as the court shall determine to such persons as shall appear to the court to be interested therein. All such notices shall specify the time and place of the hearing and shall concisely state the amount and nature of the claim, the priorities asserted, if any, and the recommendation of the receiver with reference thereto.

(4) At the hearing all persons interested shall be entitled to appear and the court shall enter an order allowing, allowing in part, or disallowing the claim. Any such order shall be deemed to be an appealable order. [1967 c.359 §282]

Source: Section 734.280 — Form of claim; notice; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 742.206 — OR Code / Title 56 / Chapter 742 / Section 742.206
742.206 Insuring agreement
Status: in_force

A fire insurance policy shall contain provisions as follows: “In consideration of the provisions and stipulations herein or added hereto and of _____ dollars ($_____) premium this company, for the term of _____ from the _____ day of _____, 2___, to the ___ day of _____, 2___, at 12:01 a.m., at location of property involved, to an amount not exceeding _____ dollars ($_____), does insure _____ and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all direct loss by fire, lightning and by removal from premises endangered by the perils insured against in this policy, except as hereinafter provided, to the property described hereinafter while located or contained as described in this policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in this policy, but not elsewhere.

“Assignment of this policy shall not be valid except with the written consent of this company.

“This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which hereby are made a part of this policy, together with such other provisions, stipulations and agreements as may be added hereto, as provided in this policy.

“In witness whereof, this company has executed and attested these presents.

__________________

Secretary.

__________________

President.” [Formerly 743.609]

Source: Section 742.206 — Insuring agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743b.110 — OR Code / Title 56 / Chapter 743b / Section 743b.110
743B.110 Implementation of federal laws
Status: in_force

The Department of Consumer and Business Services may adopt rules incorporating, implementing and administering the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191), the Patient Protection and Affordable Care Act (P.L. 111-148) as amended by the Health Care and Education Reconciliation Act (P.L. 111-152) and federal regulations that are issued in conjunction with the Acts. [Formerly 743.758]

Source: Section 743B.110 — Implementation of federal laws; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 744.531 — OR Code / Title 56 / Chapter 744 / Section 744.531
744.531 Classes of insurance for adjusters
Status: in_force

The classes of insurance that the Director of the Department of Consumer and Business Services may authorize a licensee to transact under a license to engage in business as an adjuster are:

(1) Property and casualty insurance. Under this class, in addition to property and casualty insurance, an adjuster may also adjust losses with respect to marine and transportation and surety insurance.

(2) Health insurance, whether provided by an insurer or a health care service contractor, as defined in ORS 750.005 (Definitions) .

(3) Any class of insurance the director specifies by rule. [1989 c.701 §47; 2003 c.802 §170; 2019 c.151 §28]

Note: 744.531 (Classes of insurance for adjusters) was made a part of 744.502 (Definitions) to 744.584 (Prohibited conduct) by legislative action but was not added to ORS chapter 744. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 744.531 — Classes of insurance for adjusters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 742.216 — OR Code / Title 56 / Chapter 742 / Section 742.216
742.216 Conditions suspending insurance
Status: in_force

A fire insurance policy shall contain a provision as follows: “Unless otherwise provided in writing added hereto this company shall not be liable for loss occurring:

“(1) While the hazard is increased by any means within the control or knowledge of the insured; or

“(2) While a described building, whether intended for occupancy by owner or tenant, is vacated or unoccupied beyond a period of 60 consecutive days; or

“(3) As a result of explosion or riot, unless fire ensues, and in that event for loss by fire only.” [Formerly 743.624]

Source: Section 742.216 — Conditions suspending insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743.046 — OR Code / Title 56 / Chapter 743 / Section 743.046
743.046 Exemption of proceeds of individual life insurance other than annuities
Status: reserved

(1) When a policy of insurance is effected by any person on any person’s own life or on another life in favor of some person other than that person having an insurable interest in the life insured, the lawful beneficiary thereof, other than that person or that person’s legal representative, is entitled to its proceeds against the creditors or representatives of the person effecting the policy.

(2) The person to whom a policy of life insurance is made payable may maintain an action thereon in the person’s own name.

(3) A policy of life insurance payable to a beneficiary other than the estate of the insured, having by its terms a cash surrender value available to the insured, is exempt from execution issued from any court in this state and in the event of bankruptcy of such insured is exempt from all demands in legal proceeding under such bankruptcy.

(4) Subject to the statute of limitations, the amount of any premiums paid in fraud of creditors for such insurance, with interest thereon, shall inure to their benefit from the proceeds of the policy. The insurer issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms unless, before such payment, the insurer has received at its home office written notice by or in behalf of some creditor, with specifications of the amount claimed, claiming to recover for certain premiums paid in fraud of creditors.

(5) The insured under any policy within this section shall not be denied the right to change the beneficiary when such right is expressly reserved in the policy.

(6) This section does not apply to annuity policies. [Formerly 739.405 and then 743.099]

Source: Section 743.046 — Exemption of proceeds of individual life insurance other than annuities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.166 — OR Code / Title 56 / Chapter 731 / Section 731.166
731.166 “Industrial life insurance.”
Status: in_force

“Industrial life insurance” means that form of life insurance written under policies of face amount of $2,500 or less, under which premiums are payable monthly or more often and the policy specifies it is an industrial life insurance policy. [1967 c.359 §36]

Source: Section 731.166 — “Industrial life insurance.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 734.610 — OR Code / Title 56 / Chapter 734 / Section 734.610
734.610 Notification to association of insurer insolvency
Status: in_force

The Director of the Department of Consumer and Business Services shall:

(1) Notify the Oregon Insurance Guaranty Association of the insolvency of an insurer not later than three days after the director receives notice of the determination of insolvency.

(2) Upon request of the board, provide the association with a statement of the net direct written premiums of each member insurer for the preceding calendar year. [1971 c.616 §12]

Source: Section 734.610 — Notification to association of insurer insolvency; furnishing association with premium information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 737.365 — OR Code / Title 56 / Chapter 737 / Section 737.365
737.365 Cooperative activities among rating organizations and insurers
Status: in_force

(1) Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter hereby is authorized, provided the filings resulting from such cooperation are subject to and consistent with those sections which are applicable to filings generally.

(2) The Director of the Department of Consumer and Business Services may review such cooperative activities and practices and if, after a hearing, the director finds that any such activity or practice is unfair or unreasonable or otherwise inconsistent with this chapter, the director may issue a written order specifying in what respects such activity or practice is unfair or unreasonable or otherwise inconsistent with those sections and requiring the discontinuance of such activity or practice. [Amended by 1967 c.359 §321; 1969 c.690 §20]

Source: Section 737.365 — Cooperative activities among rating organizations and insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 743.826 — OR Code / Title 56 / Chapter 743 / Section 743.826
743.826 Requirements for catastrophic plans
Status: in_force

(1) As used in this section:

(a) “Catastrophic plan” means a health benefit plan that meets the requirements for a catastrophic plan under 42 U.S.C. 18022(e).

(b) “Minimum essential coverage” has the meaning given that term in section 5000A(f) of the Internal Revenue Code.

(2) A carrier may offer a catastrophic plan only to an individual who:

(a) Is under 30 years of age at the beginning of the plan year; or

(b) Is exempt from any state or federal penalties imposed for failing to maintain minimum essential coverage during the plan year. [2011 c.322 §4; 2012 c.38 §22; 2015 c.3 §54; 2015 c.515 §24]

Note: See note under 743.824 (Cash dividends for healthy behaviors) .

Source: Section 743.826 — Requirements for catastrophic plans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 737.316 — OR Code / Title 56 / Chapter 737 / Section 737.316
737.316 Combining employers for workers’ compensation insurance
Status: in_force

Notwithstanding ORS 737.600 (Fictitious grouping for rate purposes prohibited) , but subject to all other rate filing requirements of this chapter, an insurer may combine for rating purposes the experience of a group of employers covered for workers’ compensation insurance by the insurer, subject to applicable rules adopted by the Director of the Department of Consumer and Business Services, if:

(1) All the employers in the group are members of an organization.

(2) The employers in the group constitute at least 50 percent of the employers in the organization, unless the number of covered workers in the group exceeds 500, in which case the employers in the group must constitute at least 25 percent of the employers in the organization.

(3) The grouping of employers is likely to substantially improve accident prevention, claims handling for the employers and reduce expenses. [1983 c.706 §6; 1990 c.1 §4]

Source: Section 737.316 — Combining employers for workers’ compensation insurance; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 731.394 — OR Code / Title 56 / Chapter 731 / Section 731.394
731.394 Combinations of insuring powers in one insurer
Status: in_force

An insurer that otherwise qualifies therefor may be authorized to transact any one class or combination of classes of insurance, except:

(1) A reciprocal insurer shall not transact life insurance or title insurance.

(2) A title insurer shall be a stock insurer, and shall not transact any other class of insurance.

(3) A mortgage insurer shall be a stock insurer, and shall not transact any other class of insurance. [1967 c.359 §83; 1969 c.692 §2]

Source: Section 731.394 — Combinations of insuring powers in one insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.376 — OR Code / Title 56 / Chapter 742 / Section 742.376
742.376 Requirements to issue guaranteed arrest bond certificate
Status: in_force

To become surety under ORS 742.374 (Surety may issue guaranteed arrest bond certificate not to exceed $1,000) with respect to an unexpired guaranteed arrest bond certificate that is accepted during any year under ORS 810.320 (Use of guaranteed arrest bond certificate as security deposit) , the surety insurer shall file with the Director of the Department of Consumer and Business Services on a form prescribed by the director an undertaking so to become surety for that year. The undertaking shall state:

(1) The name and address of each automobile club or automobile association with respect to any guaranteed arrest bond certificate of which the surety insurer undertakes to be surety; and

(2) The unqualified obligation of the surety insurer to pay the fine or forfeiture in an amount not to exceed $1,000 with respect to any individual who:

(a) Posts an unexpired guaranteed arrest bond certificate with respect to which under this section the surety insurer has undertaken to be surety; and

(b) Fails to make the appearance in court to guarantee which the guaranteed arrest bond certificate was posted. [Formerly 747.086 and then 743.768]

Source: Section 742.376 — Requirements to issue guaranteed arrest bond certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 734.120 — OR Code / Title 56 / Chapter 734 / Section 734.120
734.120 Exclusive remedy
Status: in_force

(1) Delinquency proceedings pursuant to this chapter shall constitute the sole and exclusive method of rehabilitating, liquidating or conserving an insurer, and no court shall entertain a petition for the commencement of such proceedings, or any other similar procedure, unless the same has been filed in the name of the state on the relation of the Director of the Department of Consumer and Business Services.

(2) An appeal shall lie to the Court of Appeals from an order granting or refusing rehabilitation, liquidation, or conservation, and from every order in delinquency proceedings having the character of a final order as to the particular portion of the proceedings embraced therein. [1967 c.359 §266; 1979 c.562 §33]

Source: Section 734.120 — Exclusive remedy; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 732.656 — OR Code / Title 56 / Chapter 732 / Section 732.656
732.656 Risk management framework
Status: in_force

An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on the insurer’s material and relevant risks. The insurer satisfies this requirement if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer. [2015 c.547 §4]

Note: See note under 732.650 (Definitions) .

Source: Section 732.656 — Risk management framework , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 731.382 — OR Code / Title 56 / Chapter 731 / Section 731.382
731.382 General eligibility for certificate of authority
Status: in_force

To qualify for and hold authority to transact insurance in this state an insurer must be an incorporated insurer, or a reciprocal insurer or an incorporated fraternal benefit society. [1967 c.359 §80]

Source: Section 731.382 — General eligibility for certificate of authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 731.434 — OR Code / Title 56 / Chapter 731 / Section 731.434
731.434 Registered office and agent
Status: in_force

(1) The provisions, procedures and requirements of ORS chapter 60 relating to a registered office, registered agent and to service of process, notice and demand shall govern all insurers transacting insurance in this state, whether authorized or unauthorized, except that the Director of the Department of Consumer and Business Services shall be substituted for the Secretary of State as the person with whom all filings shall be made and upon whom, in the circumstances specified by statute, such service may be effected.

(2) This section shall not apply to insurers for whom a certificate of authority is not required under ORS 731.374 (Exemptions to certificate of authority requirement) . [1967 c.359 §93; 1987 c.846 §3; 1995 c.79 §358]

Source: Section 731.434 — Registered office and agent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 737.025 — OR Code / Title 56 / Chapter 737 / Section 737.025
737.025 Purpose, intent of chapter
Status: in_force

(1) The purpose of this chapter is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate or unfairly discriminatory and to authorize cooperation between insurers in rate making and other related matters.

(2) It is the express intent of this chapter to permit and encourage competition between insurers on a sound financial basis. [1969 c.690 §1]

Source: Section 737.025 — Purpose, intent of chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 743a.124 — OR Code / Title 56 / Chapter 743a / Section 743a.124
743A.124 Colorectal cancer screenings and laboratory tests
Status: in_force

(1) A health benefit plan, as defined in ORS 743B.005 (Definitions) , shall provide coverage for all colorectal cancer screening examinations and laboratory tests assigned either a grade of A or a grade of B by the United States Preventive Services Task Force.

(2) If an insured is 50 years of age or older, an insurer may not impose cost sharing on the coverage required by subsection (1) of this section and the coverage shall include, at a minimum:

(a) Intentionally left blank —Ed.

(A) Fecal occult blood tests;

(B) Colonoscopies, including the removal of polyps during a screening procedure; or

(C) Double contrast barium enemas; and

(b) A colonoscopy, including the removal of polyps during the procedure, if the insured has a positive result on any fecal test assigned either a grade of A or a grade of B by the United States Preventive Services Task Force.

(3) If an insured is at high risk for colorectal cancer, the coverage required by subsection (1) of this section shall include colorectal cancer screening examinations and laboratory tests as recommended by the treating physician.

(4) For the purposes of subsection (3) of this section, an individual is at high risk for colorectal cancer if the individual has:

(a) A family medical history of colorectal cancer;

(b) A prior occurrence of cancer or precursor neoplastic polyps;

(c) A prior occurrence of a chronic digestive disease condition such as inflammatory bowel disease, Crohn’s disease or ulcerative colitis; or

(d) Other predisposing factors.

(5) Subsection (2)(b) of this section does not apply to a high deductible health plan described in 26 U.S.C. 223. [Formerly 743.799; 2014 c.9 §1; 2015 c.206 §1]

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

Note: 743A.124 (Colorectal cancer screenings and laboratory tests) 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.124 — Colorectal cancer screenings and laboratory tests , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 748.121 — OR Code / Title 56 / Chapter 748 / Section 748.121
748.121 Purposes, operation and powers
Status: in_force

(1) The purposes of a society, as specified in subsection (2) of this section, may be carried out directly by the society, or indirectly through subsidiary corporations or affiliated organizations.

(2) A society shall operate for the benefit of members and their beneficiaries by:

(a) Providing benefits as specified in ORS 748.201 (Benefits) ; and

(b) Operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic or religious purposes for the benefit of its members, which may also be extended to others.

(3) Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members and the management of its affairs. It shall have the power to change, alter, add to or amend such laws and rules and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society. [1987 c.490 §6]

Source: Section 748.121 — Purposes, operation and powers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 731.170 — OR Code / Title 56 / Chapter 731 / Section 731.170
731.170 “Life insurance”
Status: in_force

(1) “Life insurance” means insurance on human lives and every insurance appertaining thereto and includes the granting of endowment benefits, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insured’s or premium payer’s disability and optional modes of settlement of proceeds of life insurance including annuity benefits payable under such a settlement provision. “Life insurance” does not include workers’ compensation coverages.

(2) For convenience, reference to “life insurance” in the Insurance Code includes life insurance as defined in subsection (1) of this section and annuities as defined in ORS 731.154 (“Annuity.”) , except if the inclusion of annuities obviously is inapplicable or if the context requires, or the Insurance Code provides, otherwise. [1967 c.359 §37]

Source: Section 731.170 — “Life insurance”; includes annuities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 744.726 — OR Code / Title 56 / Chapter 744 / Section 744.726
744.726 Errors and omissions insurance
Status: in_force

(1) A third party administrator must maintain with the Director of the Department of Consumer and Business Services at all times a current certificate of errors and omissions insurance, in an amount established by the director by rule, from an insurer authorized to transact insurance in this state or from any other insurer acceptable to the director according to standards established by rule. The insurance must cover errors and omissions of and any violation of fiduciary responsibility by the third party administrator or its employees, or both.

(2) If the director determines that insurance required under this section is not generally available at a reasonable cost, the director by rule may suspend the requirement of insurance, but must reimpose the requirement when the insurance becomes available. [1991 c.812 §15]

Source: Section 744.726 — Errors and omissions insurance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 731.174 — OR Code / Title 56 / Chapter 731 / Section 731.174
731.174 “Marine and transportation insurance.”
Status: in_force

“Marine and transportation insurance” includes:

(1) Insurance against any and all kinds of loss of or damage to:

(a) Vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of navigation, transit or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders’ risks, and all personal property floater risks including bailees’ customers risks;

(b) Person or to property in connection with or appertaining to a marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance or use of the subject matter of such insurance (but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance or use of automobiles);

(c) Precious stones, jewels, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise and whether the same is in course of transportation or otherwise; and

(d) Bridges, tunnels and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion, or any of them, are the only hazards to be covered; piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion or any of them; other aids to navigation and transportation, including dry docks and marine railways, against all risks.

(2) Marine protection and indemnity insurance meaning insurance against, or against legal liability of the insured for, loss, damage or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair or construction of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person. [Formerly 745.005]

Source: Section 731.174 — “Marine and transportation insurance.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 732.165 — OR Code / Title 56 / Chapter 732 / Section 732.165
732.165 Liability of directors and incorporators
Status: in_force

The directors, incorporators, and organizers of any insurer organized under the Insurance Code and those entitled to participation in the profits of such insurer shall be jointly and severally liable for all debts or liabilities of such insurer until it has received a certificate of authority. [1967 c.359 §162]

Source: Section 732.165 — Liability of directors and incorporators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 737.209 — OR Code / Title 56 / Chapter 737 / Section 737.209
737.209 Hearing on rate filings under ORS 737.207
Status: in_force

(1) The Director of the Department of Consumer and Business Services may hold a hearing on a filing made pursuant to ORS 737.207 (Commercial liability insurance rate filings) if the director determines that such a hearing would aid the director in determining whether to approve or disapprove the filing. A hearing under this section may be held at a place designated by the director and upon not less than 10 days’ written notice to the insurer or rating organization that made the filing and to any other person the director decides should be notified. A filing that is the subject of a hearing under this section becomes effective, if approved, as provided in subsection (4) of this section.

(2) A hearing held pursuant to subsection (1) of this section must be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 (Office of Administrative Hearings) . The administrative law judge shall report findings, conclusions and recommendations to the director within 30 days of the close of the hearing. The insurer or rating organization proposing the rate filing shall have the burden of proving that the rate proposal is justified and shall pay to the director the fair and reasonable costs of the hearing, including actual necessary expenses.

(3) Within 10 days of receiving a report from the administrative law judge, the director shall issue an order approving or disapproving the filing.

(4) An order issued under subsection (3) of this section may be reviewed as provided in ORS 183.480 (Judicial review of agency orders) to 183.540 (Reduction of economic impact on small business) for review of contested cases. A filing approved by the director under this section shall be effective 10 days after the order issued under subsection (3) of this section and shall remain effective during any review of the order. [1987 c.774 §48a; 1999 c.849 §§175,176; 2003 c.75 §62]

Source: Section 737.209 — Hearing on rate filings under ORS 737.207; order; review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 742.023 — OR Code / Title 56 / Chapter 742 / Section 742.023
742.023 Contents of policies in general
Status: in_force

(1) Every policy shall specify:

(a) The names of the parties to the contract.

(b) The subject of the insurance.

(c) The hazards or perils insured against.

(d) The time when the insurance thereunder takes effect and the period during which the insurance is to continue.

(e) The premium.

(f) The conditions and provisions pertaining to the insurance.

(2) If under the policy the exact amount of premium is determinable only at stated intervals or termination of the contract, a statement of the basis and rates upon which the premium is to be determined and paid shall be included.

(3) This section does not apply to surety insurance policies, or to group life or health insurance policies. [Formerly 743.054]

Source: Section 742.023 — Contents of policies in general , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743.492 — OR Code / Title 56 / Chapter 743 / Section 743.492
743.492 Policy return and premium refund provision
Status: in_force

Every health insurance policy except single premium nonrenewable policies shall have printed on its face or attached thereto a notice stating in substance that the person to whom the policy is issued shall be permitted to return the policy within 10 days of its delivery to the purchaser and to have the premium paid refunded if, after examination of the policy, the purchaser is not satisfied with it for any reason. If a policyholder or purchaser pursuant to such notice returns the policy to the insurer at its home or branch office or to the insurance producer through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy had been issued. [Formerly 741.180; 2003 c.364 §109]

Source: Section 743.492 — Policy return and premium refund provision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 744.333 — OR Code / Title 56 / Chapter 744 / Section 744.333
744.333 Individual acting as provider under license of firm or corporation
Status: in_force

An individual may act as a life settlement provider under the authority of the license of a firm or corporate life settlement provider, whether or not the individual holds a license as a life settlement provider, if:

(1) The individual is a member or employee of the firm or is an employee, officer or director of the corporation; and

(2) The individual is designated by the firm or corporation on its license application or on an amendatory or supplementary form thereto as authorized to act as a life settlement provider under the authority of the license. [1995 c.342 §8]

Source: Section 744.333 — Individual acting as provider under license of firm or corporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 746.350 — OR Code / Title 56 / Chapter 746 / Section 746.350
746.350 Attorney fee allowable to prevailing party
Status: in_force

In any action against an unauthorized insurer in which service of process was made in the manner provided in ORS 746.320 (Service of process equivalent to personal service on unauthorized foreign or alien insurer) , the court may award reasonable attorney fees to the prevailing party. [Formerly 736.258; 1981 c.897 §103; 1995 c.618 §130]

Source: Section 746.350 — Attorney fee allowable to prevailing party , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 733.770 — OR Code / Title 56 / Chapter 733 / Section 733.770
733.770 Limitations on investments in property of any one person or single parcel of real estate
Status: in_force

(1) An insurer shall not have any combination of investments in or secured by the stocks, obligations, and property of one person, corporation or political subdivision in excess of 10 percent of the insurer’s assets, nor shall it invest more than 10 percent of its assets in a single parcel of real property or in any other single investment. This subsection does not apply to:

(a) Investments in, or loans upon, the security of the general obligations of a sovereign;

(b) Policy loans by insurers issuing life insurance policies;

(c) Investments by a title insurer in its title plant, or in real property not in excess of 50 percent of the insurer’s combined capital and surplus; or

(d) Investments by a health care service contractor in all real or personal property used exclusively by such contractor to provide authorized health care services or in real property used primarily for its home office.

(2) Notwithstanding subsection (1) of this section and subject to approval by the Director of the Department of Consumer and Business Services in writing, a domestic insurer organized before 1950 may invest an amount not exceeding 15 percent of its assets in real property used primarily for its home office. [Formerly 738.375; 1983 c.732 §1]

Source: Section 733.770 — Limitations on investments in property of any one person or single parcel of real estate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 731.842 — OR Code / Title 56 / Chapter 731 / Section 731.842
731.842 Adjustment of amount to be prepaid for taxes
Status: in_force

(1) The Director of the Department of Consumer and Business Services may grant, for good cause shown, a request for an adjustment of the amount of the prepayment due under ORS 731.822 (Prepayment of tax due) or an extension of time for payment of taxes under ORS 731.808 (“Gross amount of premiums” defined) to 731.834 (Insurance producer’s collection of taxes on wet marine and transportation insurance) and 731.859 (Applicability of retaliatory provisions) . The extension shall be requested no later than the due date and may not exceed 30 days or one month, whichever is longer, except that an extension of time for payments under ORS 731.822 (Prepayment of tax due) may not exceed 10 days.

(2) Interest at the rate of two-thirds of one percent per month or fraction of a month shall accrue on any such tax payment not made by the due date (determined without regard to extensions).

(3) A penalty of 10 percent of the tax amount shall be imposed upon any late payment of any such tax, except for a payment made within an extension period as provided in subsection (1) of this section or when the director believes extenuating circumstances justify waiver of the penalty. [1975 c.230 §2; 1980 c.10 §4; 1995 c.786 §7]

Source: Section 731.842 — Adjustment of amount to be prepaid for taxes; extension of time for payment; interest; penalty for late payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743a.145 — OR Code / Title 56 / Chapter 743a / Section 743a.145
743A.145 Orthotic and prosthetic devices
Status: in_force

(1) As used in this section:

(a) “Orthotic device” means a rigid or semirigid device supporting a weak or deformed leg, foot, arm, hand, back or neck, or restricting or eliminating motion in a diseased or injured leg, foot, arm, hand, back or neck.

(b) “Prosthetic device” means an artificial limb device or appliance designed to replace in whole or in part an arm or a leg.

(2) All individual and group health insurance policies providing coverage for the expenses of hospital, medical or surgical services or supplies shall provide coverage for prosthetic and orthotic devices that are medically necessary to restore or maintain the ability to complete activities of daily living or essential job-related activities and that are not solely for comfort or convenience. The coverage required by this subsection includes all services and supplies medically necessary for the effective use of a prosthetic or orthotic device, including design formulation, fabrication, material and component selection, measurements, fittings, static and dynamic alignments and patient instruction in the use of the device.

(3) The Director of the Department of Consumer and Business Services shall adopt and annually update rules listing the prosthetic and orthotic devices covered under this section. The list shall be no more restrictive than the list of prosthetic and orthotic devices and supplies in the Medicare fee schedule for Durable Medical Equipment, Prosthetics, Orthotics and Supplies, but only to the extent consistent with this section.

(4) The coverage required by subsection (2) of this section may be made subject to, and no more restrictive than, the provisions of a health insurance policy that apply to other benefits under the policy.

(5) The coverage required by subsection (2) of this section shall include any repair or replacement of a prosthetic or orthotic device that is determined medically necessary to restore or maintain the ability to complete activities of daily living or essential job-related activities and that is not solely for comfort or convenience.

(6) If the coverage under subsection (2) of this section is provided through a managed care organization, the insured shall have access to medically necessary clinical care and to prosthetic and orthotic devices and technology from not fewer than two distinct Oregon prosthetic and orthotic providers in the managed care organization’s provider network.

(7) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [2023 c.113 §2]

Note: 743A.145 (Orthotic and prosthetic 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.145 — Orthotic and prosthetic devices; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 743.047 — OR Code / Title 56 / Chapter 743 / Section 743.047
743.047 Exemption of proceeds of group life insurance
Status: in_force

(1) A policy of group life insurance or the proceeds thereof payable to a person or persons other than the individual insured or the individual’s estate shall be exempt from debts and claims of creditors or representatives of the individual insured and, in the event of bankruptcy of the individual insured, from all demands in legal proceedings under such bankruptcy.

(2) The provisions of subsection (1) of this section do not apply to group life insurance issued to a creditor covering the creditor’s debtors to the extent that such proceeds are applied to payment of the obligation for the purpose of which the insurance was so issued. [Formerly 743.102]

Source: Section 743.047 — Exemption of proceeds of group life insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 742.212 — OR Code / Title 56 / Chapter 742 / Section 742.212
742.212 Perils not included
Status: in_force

A fire insurance policy shall contain a provision as follows: “This company shall not be liable for loss by fire or other perils insured against in this policy caused, directly or indirectly, by: (a) Enemy attack by armed forces, including action taken by military, naval or air forces in resisting an actual or an immediately impending enemy attack; (b) invasion; (c) insurrection; (d) rebellion; (e) revolution; (f) civil war; (g) usurped power; (h) order of any civil authority except acts of destruction at the time of and for the purpose of preventing the spread of fire, provided that such fire did not originate from any of the perils excluded by this policy; (i) neglect of the insured to use all reasonable means to save and preserve the property at and after a loss, or when the property is endangered by fire in neighboring premises; (j) nor shall this company be liable for loss by theft.” [Formerly 743.618]

Source: Section 742.212 — Perils not included , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 746.275 — OR Code / Title 56 / Chapter 746 / Section 746.275
746.275 Definitions for ORS 746.275 to 746.300
Status: in_force

As used in ORS 746.275 (Definitions for ORS 746.275 to 746.300) to 746.300 (Liability of insurers and motor vehicle repair shops for damages) :

(1) “Adjuster” means a person authorized to do business under ORS 744.515 (Exemptions from adjuster licensing requirement) or 744.521 (Powers of director to issue, renew, amend, suspend and reinstate licenses) .

(2) “Motor vehicle liability insurance policy” means an insurance policy which provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on motor vehicles, but does not include any insurance policy:

(a) Covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards; or

(b) Issued principally to cover personal or premises liability of an insured, even though such insurance may also provide some incidental coverage for liability arising out of the ownership, maintenance or use of a motor vehicle on the premises of such insured or on the ways immediately adjoining such premises.

(3) “Motor vehicle body and frame repair shop” means a business or a division of a business organized for the purpose of effecting repairs to motor vehicles which have been physically damaged. [1977 c.785 §1; 2019 c.151 §41]

Note: 746.275 (Definitions for ORS 746.275 to 746.300) to 746.300 (Liability of insurers and motor vehicle repair shops for damages) and 746.991 (Penalties) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 746.275 — Definitions for ORS 746.275 to 746.300 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 742.033 — OR Code / Title 56 / Chapter 742 / Section 742.033
742.033 Charter and bylaw provisions
Status: in_force

No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer (other than the subscriber’s agreement or power of attorney of a reciprocal insurer) a part of the contract unless such portion is set forth in full in the policy. Any policy provision in violation of this section shall be invalid. [Formerly 743.063]

Source: Section 742.033 — Charter and bylaw provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 734.200 — OR Code / Title 56 / Chapter 734 / Section 734.200
734.200 Conservation or ancillary receivership of foreign and alien insurers
Status: in_force

(1) An order to conserve the assets of a foreign or alien insurer shall direct the Director of the Department of Consumer and Business Services forthwith to take possession of the property of the insurer within this state and to conserve it, subject to the further direction of the court.

(2) Whenever a domiciliary receiver has been appointed for any foreign or alien insurer in its domiciliary state, the court shall, on application of the director, appoint the director as the ancillary receiver in this state.

(3) An order to liquidate the assets in this state of a foreign or alien insurer shall direct the director forthwith to take possession of the property of the insurer within this state and to liquidate it subject to the orders of the court and with due regard to the rights and powers of the domiciliary receiver, as provided in this chapter. [1967 c.359 §274]

Source: Section 734.200 — Conservation or ancillary receivership of foreign and alien insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 742.486 — OR Code / Title 56 / Chapter 742 / Section 742.486
742.486 Issuance and presentation of certificates for motorcycle rider education course
Status: in_force

An organization offering a motorcycle rider education course established under ORS 802.320 (Motorcycle safety program) shall issue a certificate to each person who successfully completes the course. The person shall present the certificate to an insurer to qualify for the premium reduction required under ORS 742.480 (Appropriate premium charge reduction for certain motorcycle insurance policies) . [2009 c.771 §4]

Note: See note under 742.480 (Appropriate premium charge reduction for certain motorcycle insurance policies) .

(Age-Based Discount)

Source: Section 742.486 — Issuance and presentation of certificates for motorcycle rider education course , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 733.760 — OR Code / Title 56 / Chapter 733 / Section 733.760
733.760 Insurance required on buildings on property which is security for loan
Status: in_force

On loans secured by liens upon real property or leasehold interests therein, the buildings and other improvements located on the premises shall be kept insured against loss or damage from fire in an amount not less than the unpaid balance of the obligation or the insurable value of the property, whichever is the lesser. The fire insurance policy or policies shall be payable to the insurer, or a trustee for its benefit, and continued in force until the loan is repaid or satisfied. Such policy or policies shall be held by the insurer or the trustee, unless the Director of the Department of Consumer and Business Services has determined that a different method of protecting the insurers against loss is satisfactory and has given prior approval of such method to the insurer. [1967 c.359 §254; 1969 c.336 §10]

Source: Section 733.760 — Insurance required on buildings on property which is security for loan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 737.355 — OR Code / Title 56 / Chapter 737 / Section 737.355
737.355 Licensing rating organizations generally
Status: in_force

(1) If the Director of the Department of Consumer and Business Services finds that the applicant represents a credible statistical base, is competent, trustworthy and otherwise qualified to act as a rating organization and that its constitution, articles of agreement or association or certificate of incorporation, and its bylaws, rules and regulations governing the conduct of its business conform to the requirements of law, the director shall issue a license specifying the classes of insurance, or subdivision or class of risk or a part or combination thereof for which the applicant is authorized to act as a rating organization. Each application shall be granted or denied in whole or in part by the director within 60 days of the date of its filing with the director.

(2) The director need not issue a license to each workers’ compensation rating organization that meets the qualifications and requirements of subsection (1) of this section. Instead, the director may issue licenses to one or more qualifying workers’ compensation rating organizations pursuant to a selection process established by rule. At the end of the period for which one or more licenses are issued, the director may do the following pursuant to the selection process established by rule under this subsection:

(a) Renew a license or issue a license to another workers’ compensation rating organization; and

(b) Renew or issue licenses to more than one workers’ compensation rating organization.

(3) A license issued pursuant to this section shall remain in effect for three years unless suspended or revoked by the director. The license fee shall be as established by the director. A license issued pursuant to this section may be suspended or revoked by the director, after a hearing upon notice, in the event the rating organization ceases to meet the requirements of this section. If a license is issued to only one workers’ compensation rating organization and the license is suspended or revoked, the director may issue a license to another workers’ compensation rating organization for the remainder of the period for which the suspended or revoked license was issued.

(4) Each rating organization shall notify the director promptly of every change regarding matters listed in ORS 737.350 (Application for license by rating organization) (1), (2) and (3).

(5) As a condition of receiving and holding its license, a workers’ compensation rating organization must exchange data with other licensed workers’ compensation rating organizations pursuant to rules adopted by the director that may include establishing fees for the exchange of data. [Amended by 1967 c.359 §319; 1971 c.385 §5; 1989 c.413 §9; 1999 c.235 §1]

Source: Section 737.355 — Licensing rating organizations generally; licensing workers’ compensation rating organizations; rules; revocation and suspension; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 734.540 — OR Code / Title 56 / Chapter 734 / Section 734.540
734.540 Application
Status: in_force

ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) apply to all kinds of direct insurance except life, health, title, surety, credit, mortgage guaranty, home protection insurance, wet marine and transportation insurance and insurance against the risk of economic loss assumed under a less than fully insured employee health benefit plan whether issued or delivered as health or casualty insurance. [1971 c.616 §4; 1977 c.600 §2; 1981 c.247 §14; 1993 c.649 §7]

Source: Section 734.540 — Application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743b.330 — OR Code / Title 56 / Chapter 743b / Section 743b.330
743B.330 Notice to policyholder required for cancellation or nonrenewal of health benefit plan
Status: in_force

(1) As used in this section, “health benefit plan” has the meaning given that term in ORS 743B.005 (Definitions) .

(2) An insurer shall notify a policyholder in writing if the insurer cancels or does not renew the policyholder’s individual health benefit plan. The notice shall be sent to the policyholder’s last-known mailing address by first class mail in a specially marked envelope or, if the policyholder has elected to receive communications from the insurer electronically, to the policyholder’s last-known electronic mail address using a mechanism that will confirm delivery to the address.

(3) If the cancellation or nonrenewal results in a refund to the policyholder of all or part of a premium, the insurer must mail with the refund a written explanation that includes:

(a) The effective date of the cancellation;

(b) The reason for the cancellation; and

(c) The time period to which the refund is applicable.

(4) For any cancellation or nonrenewal due to a reported death of the policyholder, the insurer must:

(a) Confirm the accuracy of the reported death.

(b) If the death is confirmed:

(A) Provide any dependents covered by the plan with information about how to continue coverage or obtain alternative coverage; and

(B) Issue any refund that is due to the estate of the deceased in accordance with subsection (3) of this section.

(5) If an insurer cancels or does not renew an individual health benefit plan and fails to comply with the requirements of this section, the insurer shall continue the coverage under the plan for the policyholder and any dependents covered by the plan until the date that the insurer has complied with the requirements of this section. The insurer shall waive any premiums owed for the period during which the coverage was continued under this subsection and shall process all claims incurred by the policyholder or any covered dependents according to the terms of the plan.

(6) This section does not apply:

(a) To a cancellation requested by the policyholder if the insurer documents the request and confirms the request with the policyholder;

(b) To a cancellation or nonrenewal that results from a policyholder making a change in coverage with the same insurer; or

(c) To a cancellation due to nonpayment of premium. [Formerly 743.499]

Note: 743B.330 (Notice to policyholder required for cancellation or nonrenewal of health benefit plan) 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.330 — Notice to policyholder required for cancellation or nonrenewal of health benefit plan; effect of failure to give notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 733.140 — OR Code / Title 56 / Chapter 733 / Section 733.140
733.140 Disallowance of “wash” transactions
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall disallow as an asset or as a credit against liabilities any reinsurance found by the director after a hearing thereon to have been arranged for the purpose principally of deception as to the ceding insurer’s financial condition as of the date of any financial statement of the insurer. Without limiting the general purport of the foregoing provision, reinsurance of any substantial part of the insurer’s outstanding risks contracted for in fact within four months prior to the date of any such financial statement and canceled in fact within four months after the date of such statement, or reinsurance under which the reinsurer bears no substantial insurance risk or substantial risk of net loss to itself, shall prima facie be deemed to have been arranged for the purpose principally of deception.

(2) The director shall disallow as an asset any deposit, funds or other assets of the insurer found by the director after a hearing thereon:

(a) Not to be in good faith the property of the insurer;

(b) Not freely subject to withdrawal or liquidation by the insurer at any time for the payment or discharge of claims or other obligations arising under its policies; and

(c) To be resulting from arrangements made principally for the purpose of deception as to the insurer’s financial condition as of the date of any financial statement of the insurer. [1967 c.359 §221; 2005 c.22 §487]

Source: Section 733.140 — Disallowance of “wash” transactions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 743.189 — OR Code / Title 56 / Chapter 743 / Section 743.189
743.189 Reinstatement
Status: in_force

A life insurance policy shall contain a provision that if in the event of a default in premium payments the value of the policy has been applied to provide a paid-up nonforfeiture benefit, and if this benefit is currently in force and the original policy has not been surrendered to the insurer and canceled, and if a period of not more than three years has elapsed since the default (or two years in the case of an industrial life insurance policy), the policy may be reinstated upon furnishing evidence of insurability satisfactory to the insurer and payment of arrears of premiums and payment or reinstatement of any other indebtedness to the insurer under the policy, with interest at a rate not exceeding the maximum permitted by the policy loan provision. [1967 c.359 §385; 1981 c.412 §21]

Source: Section 743.189 — Reinstatement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 752.025 — OR Code / Title 56 / Chapter 752 / Section 752.025
752.025 Commission
Status: in_force

(1) After a determination of necessity by the director under ORS 752.015 (Determination of need for professional liability fund) , the Governor may appoint a commission for each professional liability fund that the Director of the Department of Consumer and Business Services proposes to implement.

(2) Each commission appointed pursuant to subsection (1) of this section shall consist of nine individuals appointed by the Governor, subject to confirmation by the Senate in the manner described in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation) .

(3) Of the members of the commission, six shall be members of the profession and three shall be lay members.

(4) The term of office of each member is three years but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become effective for the unexpired term upon confirmation by the Senate. [1987 c.774 §§90,91]

Source: Section 752.025 — Commission; appointment; membership; term of office , https://www.­oregonlegislature.­gov/bills_laws/ors/ors752.­html (accessed May 26, 2025).
ORS § 743.225 — OR Code / Title 56 / Chapter 743 / Section 743.225
743.225 Prohibited provisions
Status: in_force

A life insurance policy may not:

(1) Limit the time within which any action at law or suit in equity may be commenced to less than three years after the cause of action or suit accrues;

(2) Purport to be issued or to take effect more than six months before the original application for the insurance was made;

(3) Require forfeiture of the policy for failure to repay any loan on the policy or any interest on such loan while the total indebtedness on the policy is less than the loan value of the policy; or

(4) Exclude coverage for loss of life that results from another person’s act of terrorism. [Formerly 739.315; 2021 c.72 §1]

Source: Section 743.225 — Prohibited provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 732.592 — OR Code / Title 56 / Chapter 732 / Section 732.592
732.592 Recovery from parent corporation or holding company if domestic insurer ordered into liquidation or rehabilitation
Status: in_force

(1) If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under the order may recover, on behalf of the insurer, from any parent corporation or holding company or person or affiliate who otherwise controlled the insurer, the amount of distributions, other than distributions of shares of the same class of stock, paid by the insurer on the insurer’s capital stock, or any payment in the form of a bonus, termination settlement or extraordinary lump sum salary adjustment made by the insurer or the insurer’s subsidiary to a director, officer or employee, when such a distribution or payment is made at any time during the 12 calendar months preceding the petition for liquidation, conservation or rehabilitation, as the case may be, subject to the limitations of subsections (2), (3) and (4) of this section.

(2) A distribution to which subsection (1) of this section applies is not recoverable if the parent or affiliate shows that the distribution was lawful and reasonable when paid and that the insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the insurer to fulfill the insurer’s contractual obligations.

(3) Any person who was a parent corporation or holding company or a person who otherwise controlled the insurer or affiliate at the time a distribution to which subsection (1) of this section applies was paid is liable in an amount that is not more than the amount of distributions or payments received by the person under subsection (1) of this section. Any person who otherwise controlled the insurer at the time such distributions were declared is liable up to the amount of distributions the person would have received if the distributions had been paid immediately. If two or more persons are liable with respect to the same distributions, the persons are jointly and severally liable.

(4) The maximum amount recoverable under this section is the amount needed in excess of all other available assets of the impaired or insolvent insurer to pay the contractual obligations of the impaired or insolvent insurer and to reimburse any guaranty funds.

(5) To the extent that any person liable under subsection (3) of this section is insolvent or otherwise fails to pay claims due from the person pursuant to subsection (3) of this section, the person’s parent corporation or holding company or other person who otherwise controlled the person liable under subsection (3) of this section when the distribution was paid are jointly and severally liable for any resulting deficiency in the amount recovered from the parent corporation or holding company or person who otherwise controlled the person liable under subsection (3) of this section.

(6) If the director places an insurer under liquidation or rehabilitation as provided in ORS chapter 734 and the insurer engages in transactions within an insurance holding company system as provided in ORS 732.574 (Standards for transactions within holding company) , the director retains authority over the insurer’s operations and over transactions in which the insurer engages within an insurance holding company system of which the insurer is a member. [1993 c.447 §54; 1995 c.638 §6; 2017 c.479 §13]

Source: Section 732.592 — Recovery from parent corporation or holding company if domestic insurer ordered into liquidation or rehabilitation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 750.655 — OR Code / Title 56 / Chapter 750 / Section 750.655
750.655 Filing schedule of legal service rates required
Status: in_force

A legal expense organization shall file with the Director of the Department of Consumer and Business Services all schedules and tables of premium rates for legal service to be used on risks in this state, and shall file any amendments to or corrections of such schedules and tables. [Formerly 750.330]

Source: Section 750.655 — Filing schedule of legal service rates required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 731.612 — OR Code / Title 56 / Chapter 731 / Section 731.612
731.612 Rights of insurer regarding deposits
Status: in_force

While the insurer remains unimpaired and is in compliance with the Insurance Code it may:

(1) Demand, receive, sue for and recover the income from the assets deposited;

(2) Exchange and substitute for the deposited assets, or any part thereof, other eligible assets of equivalent or greater value; and

(3) At any reasonable time inspect such deposit. [1967 c.359 §114]

Source: Section 731.612 — Rights of insurer regarding deposits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743.471 — OR Code / Title 56 / Chapter 743 / Section 743.471
743.471 Cancellation
Status: in_force

A health insurance policy may contain a provision as follows: “CANCELLATION: The insurer may cancel this policy by written notice delivered to the insured, or mailed to the last address of the insured as shown by the records of the insurer. The notice must state the reason for cancellation and the date on which the cancellation shall be effective. Except as provided under the ‘GRACE PERIOD’ provision of this policy for nonpayment of premium, cancellation shall not become effective earlier than the 30th day after the date of the notice. After the policy has been continued beyond its original term, the insured may cancel this policy at any time by written notice delivered or mailed to the insurer, effective upon receipt or on such later date as may be specified in such notice. In the event of cancellation, the insurer will return promptly the unearned portion of any premium paid. If the insured cancels, the earned premium shall be computed by the use of the short rate table last filed with the state official having supervision of insurance in the state where the insured resided when the policy was issued. If the insurer cancels, the earned premium shall be computed pro rata. Cancellation shall be without prejudice to any claim originating prior to the effective date of cancellation.” [1967 c.359 §449; 1989 c.784 §20]

Source: Section 743.471 — Cancellation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743.682 — OR Code / Title 56 / Chapter 743 / Section 743.682
743.682 Application of ORS 743.680 to 743.689
Status: in_force

(1) Except as otherwise specifically provided, ORS 743.680 (Definitions for ORS 743.680 to 743.689) to 743.689 (Director’s authority upon violation of ORS 743.680 to 743.689) apply to:

(a) All Medicare supplement policies and subscriber contracts delivered or issued for delivery in this state on or after May 31, 1989; and

(b) All certificates issued under group Medicare supplement policies or subscriber contracts, which certificates have been delivered or issued for delivery in this state on or after May 31, 1989.

(2) ORS 743.680 (Definitions for ORS 743.680 to 743.689) to 743.689 (Director’s authority upon violation of ORS 743.680 to 743.689) do not apply to a policy or contract of one or more employers or labor organizations, or of the trustees of a fund established by one or more employers or labor organizations, or combination thereof, for employees or former employees or a combination thereof, or for members or former members, or a combination thereof, of the labor organizations. [1989 c.255 §2]

Source: Section 743.682 — Application of ORS 743.680 to 743.689 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743a.325 — OR Code / Title 56 / Chapter 743a / Section 743a.325
743A.325 Gender-affirming treatment
Status: in_force

(1) As used in this section:

(a) “Carrier” has the meaning given that term in ORS 743B.005 (Definitions) .

(b) “Gender-affirming treatment” means a procedure, service, drug, device or product that a physical or behavioral health care provider prescribes to treat an individual for incongruence between the individual’s gender identity and the individual’s sex assignment at birth.

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

(2) A carrier offering a health benefit plan in this state may not:

(a) Deny or limit coverage under the plan for gender-affirming treatment that is:

(A) Medically necessary as determined by the physical or behavioral health care provider who prescribes the treatment; and

(B) Prescribed in accordance with accepted standards of care.

(b) Apply categorical cosmetic or blanket exclusions to medically necessary gender-affirming treatment.

(c) Exclude as a cosmetic service a medically necessary procedure prescribed by a physical or behavioral health care provider as gender-affirming treatment, including but not limited to:

(A) Tracheal shave;

(B) Hair electrolysis;

(C) Facial feminization surgery or other facial gender-affirming treatment;

(D) Revisions to prior forms of gender-affirming treatment; and

(E) Any combination of gender-affirming treatment procedures.

(d) Issue an adverse benefit determination denying or limiting access to gender-affirming treatment unless a physical or behavioral health care provider with experience prescribing or delivering gender-affirming treatment has first reviewed and approved the denial of or the limitation on access to the treatment.

(3) A carrier described in subsection (2) of this section must:

(a) Satisfy any network adequacy standards under ORS 743B.505 (Provider networks) related to gender-affirming treatment providers; and

(b) Intentionally left blank —Ed.

(A) Contract with a network of gender-affirming treatment providers that is sufficient in numbers and geographic locations to ensure that gender-affirming treatment services are accessible to all enrollees without unreasonable delay; or

(B) Ensure that all enrollees have geographical access without unreasonable delay to out-of-network gender-affirming treatment services with cost-sharing or other out-of-pocket costs for the services no greater than the cost-sharing or other out-of-pocket costs for the services when furnished by an in-network provider.

(4) The Department of Consumer and Business Services shall:

(a) Evaluate compliance with this section in each examination or analysis of the market conduct of a carrier under ORS 731.300 (Examination of insurers) ; and

(b) Adopt rules to implement the provisions of this section.

(5) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [2023 c.228 §20]

Note: 743A.325 (Gender-affirming treatment) 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.

Note: Sections 59 (1), 21 and 22, chapter 228, Oregon Laws 2023, provide:

Sec. 59. (1) Section 20 of this 2023 Act [ 743A.325 (Gender-affirming treatment) ] applies to health benefit plans issued, renewed or extended on or after January 1, 2024. [2023 c.228 §59(1)]

Sec. 21. The Department of Consumer and Business Services shall conduct a targeted market conduct examination of all carriers that are subject to the requirements of section 20 of this 2023 Act [ 743A.325 (Gender-affirming treatment) ] to ensure compliance with section 20 of this 2023 Act. The examinations must be completed no later than January 2, 2027. [2023 c.228 §21]

Sec. 22. No later than December 31, 2026, the Department of Consumer and Business Services shall report to the interim committees of the Legislative Assembly related to health, in the manner provided in ORS 192.245 (Form of report to legislature) , on the implementation of section 20 of this 2023 Act [ 743A.325 (Gender-affirming treatment) ]. [2023 c.228 §22]

Source: Section 743A.325 — Gender-affirming treatment; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 734.870 — OR Code / Title 56 / Chapter 734 / Section 734.870
734.870 Immunity from legal action
Status: in_force

There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer or its agents or employees, the Oregon Life and Health Insurance Guaranty Association or its agents or employees, members of the board of directors, or the Director of the Department of Consumer and Business Services or the representatives of the director, for any action taken by them in the performance of their powers and duties under ORS 734.750 (Short title) to 734.890 (Association not to be used in sales or solicitation) . The immunity provided under this section shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees. [1975 c.251 §18; 2011 c.142 §9]

Source: Section 734.870 — Immunity from legal action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).