ORS § 746.688 — OR Code / Title 56 / Chapter 746 / Section 746.688
746.688 Use of loss history reports
Status: in_force

(1) An insurer or insurance producer shall notify a consumer that the insurer or insurance producer will request a loss history report relating to the consumer or property to be insured before the insurer or insurance producer may obtain the report. The notice may be oral, in writing or in the same medium as the medium in which previous communication between the consumer and the insurer or insurance producer has been conducted.

(2) An insurance producer may provide a single notice under subsection (1) of this section to a consumer if the insurance producer makes loss history inquiries of one or more insurers in response to a request by the consumer relating to a homeowner insurance policy.

(3) An insurer that uses loss history reports for underwriting or rating homeowner insurance shall instruct the insurer’s insurance producers that an insurance producer must notify the consumer that the insurance producer has requested a loss history report before the insurance producer may obtain the report.

(4) An insurer that uses a loss history report of a consumer when considering an application for a homeowner insurance policy shall notify the consumer during the application process that the consumer may request a free copy of the loss history report from the consumer reporting agency and a written statement describing the insurer’s use of the report. The notice to the applicant may be in writing or in the same medium as the medium in which the application is made. The written statement must contain the following explanations:

(a) The ways in which the insurer uses loss history reports;

(b) How often the insurer reviews a consumer’s loss history report; and

(c) The procedures a consumer may use to obtain additional information. [2005 c.489 §6]

Source: Section 746.688 — Use of loss history reports; notice to consumer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 737.318 — OR Code / Title 56 / Chapter 737 / Section 737.318
737.318 Premium audit program for workers’ compensation insurance
Status: in_force

(1) A workers’ compensation insurer shall maintain a premium audit program to aid in achieving equitable premium charges to Oregon employers and for the collection of credible statewide data for ratemaking.

(2) The Director of the Department of Consumer and Business Services shall prescribe by rule a premium audit program system for workers’ compensation insurance.

(3) The premium audit system shall include provisions for:

(a) Employer education of the audit reporting function of the rating system;

(b) A continuing test audit program providing for auditing of all insurers;

(c) A continuous monitoring of the audit program system pursuant to ORS 737.235 (Examining rating systems of insurers) ;

(d) An appeal process pursuant to ORS 737.505 (Insured entitled to rate information) for employers to question the results of a premium audit. This process must include written notification to the employer that is included in the final premium audit billing that informs the employer of appeal rights to the director under ORS 737.505 (Insured entitled to rate information) , of the requirement that a written request to initiate an appeal must be received by the director not later than the 60th day after the employer receives the final premium audit billing and of any other information the director may request by rule; and

(e) Civil penalties pursuant to ORS 731.988 (Civil penalties) for violations of prescribed standards of the premium audit system.

(4) Notwithstanding ORS 737.505 (Insured entitled to rate information) , the provisions of this section apply to all premium audit disputes between employers and insurers in existence on July 20, 1987, regardless of the policy year involved or the date of the final audit billing. [1987 c.884 §8; 1999 c.1020 §5]

Source: Section 737.318 — Premium audit program for workers’ compensation insurance; rules; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 742.238 — OR Code / Title 56 / Chapter 742 / Section 742.238
742.238 When loss payable
Status: in_force

A fire insurance policy shall contain a provision as follows: “The amount of loss for which this company may be liable shall be payable 60 days after proof of loss, as herein provided, is received by this company and ascertainment of the loss is made either by agreement between the insured and this company expressed in writing or by the filing with this company of an award as herein provided.” [Formerly 743.657]

Source: Section 742.238 — When loss payable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 744.994 — OR Code / Title 56 / Chapter 744 / Section 744.994
744.994 Effect of license expiration or surrender on director’s investigation or disciplinary proceedings
Status: in_force

(1) As used in this section:

(a) “Adjuster” has the meaning given that term in ORS 744.502 (Definitions) ;

(b) “Insurance consultant” has the meaning given that term in ORS 744.602 (Definitions) ; and

(c) “Licensee” means a person that has obtained a license to engage in business as an adjuster, an insurance consultant or an insurance producer.

(2) A license expiration or a licensee’s voluntary surrender of a license does not prevent the Director of the Department of Consumer and Business Services from investigating or initiating disciplinary proceedings against a licensee. The director may also at any time revise or vacate an order to suspend or revoke a license. [2019 c.151 §18]

Source: Section 744.994 — Effect of license expiration or surrender on director’s investigation or disciplinary proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 742.458 — OR Code / Title 56 / Chapter 742 / Section 742.458
742.458 General provisions governing liability policies
Status: in_force

Every motor vehicle liability insurance policy shall be subject to the following provisions, which need not be contained therein:

(1) The policy, the written application therefor, if any, and any rider or indorsement that does not conflict with the laws relating to motor vehicle liability insurance policies shall constitute the entire contract between the parties.

(2) The satisfaction by the insured of a judgment for injury or damage shall not be a condition precedent to the right or duty of the insurer to make payment on account of such injury or damage.

(3) Any binder issued pending the issuance of a motor vehicle liability insurance policy shall be deemed to fulfill the requirements for such a policy. [Formerly 486.556 and then 743.781]

Source: Section 742.458 — General provisions governing liability policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 732.541 — OR Code / Title 56 / Chapter 732 / Section 732.541
732.541 Jurisdiction over person obtaining or attempting to obtain control
Status: in_force

The courts of this state are vested with jurisdiction over every person not resident, domiciled or authorized to do business in this state who is required to file a statement with the Director of the Department of Consumer and Business Services under ORS 732.523 (Procedure for acquiring controlling interest of capital stock) and over all actions involving such a person arising out of violations of ORS 732.517 (Purpose of ORS 732.517 to 732.546) to 732.546 (Severability) . Each such person shall be considered to have appointed the director for the purpose of service of process. [Formerly 732.580]

Source: Section 732.541 — Jurisdiction over person obtaining or attempting to obtain control , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 734.400 — OR Code / Title 56 / Chapter 734 / Section 734.400
734.400 Report for assessment
Status: in_force

Within three years from the date an order of rehabilitation or liquidation of a domestic mutual insurer or a domestic reciprocal insurer was filed in the office of the clerk of the court by which such order was made, the Director of the Department of Consumer and Business Services may make a report to the court setting forth:

(1) The reasonable value of the assets of the insurer;

(2) The insurer’s probable liabilities; and

(3) The probable necessary assessment, if any, to pay all claims and expenses in full, including expenses of administration. [1967 c.359 §294]

Source: Section 734.400 — Report for assessment; domestic mutual and reciprocal insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743.432 — OR Code / Title 56 / Chapter 743 / Section 743.432
743.432 Time of payment of claims
Status: in_force

A health insurance policy shall contain a provision as follows: “TIME OF PAYMENT OF CLAIMS: Indemnities payable under this policy for any loss other than loss for which this policy provides any periodic payment will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid ______ (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof.” [1967 c.359 §436]

Source: Section 743.432 — Time of payment of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.038 — OR Code / Title 56 / Chapter 731 / Section 731.038
731.038 Application of Insurance Code to charitable organizations that issue charitable gift annuities
Status: repealed

(1) As used in this section:

(a) “Charitable gift annuity” has the meaning given that term in section 501(m)(5) of the Internal Revenue Code, as amended and in effect on January 1, 2006.

(b) “Charitable organization” means an organization to which contributions may be made that are charitable contributions under section 170(c) of the Internal Revenue Code, as amended and in effect on January 1, 2006.

(2) The Insurance Code does not apply to a charitable organization that issues charitable gift annuities if, on the date that the charitable organization issues the charitable gift annuity, the charitable organization:

(a) Has a minimum of $300,000 in net assets as shown by an annual audited financial statement prepared by an independent certified public accountant and kept on file by the charitable organization;

(b) Except as provided in subsection (3) of this section, has been in continuous operation for at least five years or is a successor to or an affiliate of a charitable organization that has been in continuous operation for at least five years; and

(c) Maintains a separate and distinct trust fund as a reserve fund adequate to meet the future payments under all outstanding annuity agreements. The amount in the reserve fund must be an amount no less than an amount computed on the basis of the transfers to which it relates in accordance with the standard of valuation based on current mortality tables and interest rate recommended by a national organization organized for the purpose of providing educational and other services to American charities regarding gift annuities and other forms of planned gifts. The reserve fund may include one or more single premium annuities that pay the entire amount of one or more charitable gift annuities issued by the charitable organization if each single premium annuity is issued by an authorized insurer that is also authorized to transact insurance in the state in which the charitable organization has its principal office and in the state in which the single premium annuity is issued.

(3) The Insurance Code does not apply to an educational institution or nonprofit corporation that issued a charitable gift annuity before January 1, 2006, under a certificate of authority issued under ORS 731.704 (repealed in 2005).

(4) When a charitable organization that is subject to subsection (2) of this section enters into an agreement for a charitable gift annuity, the charitable organization shall disclose in writing to the donor that the charitable gift annuity is not issued by an insurance company, is not subject to regulation by the State of Oregon and is not protected by an insurance guaranty association.

(5) A charitable organization that is not subject to subsection (2) of this section must hold a certificate of authority to issue charitable gift annuities. [2005 c.31 §2]

Note: 731.038 (Application of Insurance Code to charitable organizations that issue charitable gift annuities) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 731.038 — Application of Insurance Code to charitable organizations that issue charitable gift annuities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 735.220 — OR Code / Title 56 / Chapter 735 / Section 735.220
735.220 Formation of joint underwriting association
Status: in_force

After finding under ORS 735.215 (Findings prior to formation of joint underwriting association) that there is a need in Oregon for a joint underwriting association, the Director of the Department of Consumer and Business Services may form and put into operation a temporary, nonprofit, nonexclusive joint underwriting association constituting a legal entity separate and distinct from its members for commercial liability insurance subject to the conditions and limitations contained in the Insurance Code. All funds and reserves of the association shall be separately held and invested. [1987 c.774 §77]

Source: Section 735.220 — Formation of joint underwriting association; funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743.486 — OR Code / Title 56 / Chapter 743 / Section 743.486
743.486 Scope of term “insured” in statutory policy provisions
Status: in_force

As used in ORS 743.402 (Exceptions to individual health insurance policy requirements) to 743.498 (Statement in policy of cancelability or renewability) , the word “insured” shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits and rights provided therein. [1967 c.359 §454; 2011 c.9 §95]

Source: Section 743.486 — Scope of term “insured” in statutory policy provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 746.260 — OR Code / Title 56 / Chapter 746 / Section 746.260
746.260 Driving record not to be considered in issuance of motor vehicle insurance
Status: in_force

(1) As used in this section, “employment driving record” and “nonemployment driving record” mean the employment driving record and nonemployment driving record described in ORS 802.200 (Required records) .

(2) Except as provided in subsection (4) of this section, an insurer may not consider an individual’s employment driving record or nonemployment driving record in determining rates for, or whether to issue or renew, a policy of personal insurance, as defined in ORS 746.600 (Definitions for ORS 746.600 to 746.690) , that provides, for the individual, automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on an individually owned passenger vehicle, including pickup and panel trucks and station wagons. An insurer may not cancel the policy or discriminate in regard to other terms or conditions of the policy based upon the individual’s employment driving record or nonemployment driving record.

(3) This section does not affect the enforcement of the motor vehicle laws.

(4) An insurer may use the abstract of the individual’s nonemployment driving record as authorized under ORS 746.265 (Purposes for which abstract of nonemployment driving record may be considered) . [1973 c.113 §2; 1979 c.662 §2; 1983 c.338 §969; 1987 c.5 §6; 2015 c.76 §1]

Source: Section 746.260 — Driving record not to be considered in issuance of motor vehicle insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 746.310 — OR Code / Title 56 / Chapter 746 / Section 746.310
746.310 Representing or aiding unauthorized insurer prohibited
Status: in_force

(1) No person shall in this state directly or indirectly with respect to domestic risks act as insurance producer for or otherwise transact insurance for any insurer not then authorized to transact such insurance in this state.

(2) In the event of failure of any unauthorized insurer to pay any claim or loss within the provisions of such insurance policy, any insurance producer who assisted or in any manner aided in the procurement of such insurance policy knowing it to be procured through an unauthorized insurer shall be liable to the insured for the full amount of the claim or loss.

(3) This section does not apply to:

(a) Matters authorized to be done by the Director of the Department of Consumer and Business Services under 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) .

(b) Insurance written under a surplus line license in compliance with ORS 735.400 (Purposes of ORS 735.400 to 735.495) to 735.495 (Short title) .

(c) Any transaction with respect to reinsurance when transacted by an insurer duly authorized by its state of domicile to transact the class of insurance involved.

(d) A licensed adjuster or attorney at law representing such an insurer from time to time in such occupational or professional capacity. [1967 c.359 §591; 1969 c.336 §17; 1987 c.774 §140; 1991 c.810 §27; 2003 c.364 §145]

Source: Section 746.310 — Representing or aiding unauthorized insurer prohibited; insurance producer liable to insured , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 742.370 — OR Code / Title 56 / Chapter 742 / Section 742.370
742.370 Bond construed as including omitted statutory provisions
Status: in_force

Whenever any person is required by the provisions of any statute to give a bond to this state or any of its political subdivisions and the statute requires to be included therein any specific provisions, the bond shall have the same legal effect as though such provisions were included therein, although such provisions were omitted. [Formerly 747.190 and then 743.759]

Source: Section 742.370 — Bond construed as including omitted statutory provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 750.339 — OR Code / Title 56 / Chapter 750 / Section 750.339
750.339 Liability of excess loss insurer
Status: in_force

An insurer who provides excess loss insurance under ORS 750.309 (Requirements for trust) to a multiple employer welfare arrangement that is offering or providing health benefits in this state without a certificate of multiple employer welfare arrangement or to employers or employees participating in such a multiple employer welfare arrangement shall be liable for any unpaid claims of the multiple employer welfare arrangement. [1993 c.615 §22]

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

Source: Section 750.339 — Liability of excess loss insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 743.029 — OR Code / Title 56 / Chapter 743 / Section 743.029
743.029 Uniform standards for health care financial and administrative transactions
Status: in_force

(1) The Department of Consumer and Business Services may adopt by rule uniform standards applicable to persons listed in subsection (2) of this section for health care financial and administrative transactions, including uniform standards for:

(a) Eligibility inquiry and response;

(b) Claim submission;

(c) Payment remittance advice;

(d) Claims payment or electronic funds transfer;

(e) Claims status inquiry and response;

(f) Claims attachments;

(g) Prior authorization;

(h) Provider credentialing; or

(i) Health care financial and administrative transactions identified by the stakeholder work group described in ORS 743.031 (Stakeholder work group to recommend uniform standards) .

(2) Any uniform standards adopted under subsection (1) of this section apply to:

(a) Health insurers.

(b) Prepaid managed care health services organizations as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) .

(c) Coordinated care organizations as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) .

(d) Third party administrators.

(e) Any person or public body that either individually or jointly establishes a self-insurance plan, program or contract, including but not limited to persons and public bodies that are otherwise exempt from the Insurance Code under ORS 731.036 (Persons completely exempt from application of Insurance Code) .

(f) Health care clearinghouses or other entities that process or facilitate the processing of health care financial and administrative transactions from a nonstandard format to a standard format.

(g) Any other person identified by the department that processes health care financial and administrative transactions between a health care provider and an entity described in this subsection.

(3) In developing or updating any uniform standards adopted under subsection (1) of this section, the department shall consider recommendations from the Oregon Health Authority under ORS 743.031 (Stakeholder work group to recommend uniform standards) . [Formerly 743.061]

Note: 743.029 (Uniform standards for health care financial and administrative transactions) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743.029 — Uniform standards for health care financial and administrative transactions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743b.420 — OR Code / Title 56 / Chapter 743b / Section 743b.420
743B.420 Prior authorization requirements
Status: in_force

Except in the case of misrepresentation, prior authorization determinations shall be subject to the following requirements:

(1) Prior authorization determinations relating to benefit coverage and medical necessity shall be binding on the insurer if obtained no more than 60 days prior to the date the service is provided.

(2) Prior authorization determinations relating to enrollee eligibility shall be binding on the insurer if obtained no more than five business days prior to the date the service is provided. [Formerly 743.837; 2021 c.154 §4]

Source: Section 743B.420 — Prior authorization requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743.524 — OR Code / Title 56 / Chapter 743 / Section 743.524
743.524 Eligibility of association to be group health policyholder
Status: in_force

(1) An insurer may not offer a policy of group health insurance to an association as the policyholder or offer coverage under such a policy, whether issued in this or another state, unless the Director of the Department of Consumer and Business Services determines that the association satisfies the requirements of an association under ORS 731.098 (“Group health insurance.”) (2).

(2) An insurer shall submit evidence to the director that the association satisfies the requirements under ORS 731.098 (“Group health insurance.”) (2). The director shall review the evidence and may request additional evidence as needed.

(3) An insurer shall submit to the director any changes in the evidence submitted under subsection (2) of this section.

(4) The director may order an insurer to cease offering health insurance to an association if the director determines that the association does not meet the standards under ORS 731.098 (“Group health insurance.”) (2).

(5) The director may adopt rules to carry out this section. [1989 c.784 §11; 2005 c.22 §493; 2013 c.681 §14a]

Source: Section 743.524 — Eligibility of association to be group health policyholder; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 733.620 — OR Code / Title 56 / Chapter 733 / Section 733.620
733.620 Investment in stocks of corporation
Status: in_force

(1) Funds of an insurer may be invested in stocks (including trust certificates) of solvent corporations organized and carrying on a business under the laws of a sovereign as follows:

(a) Preferred or guaranteed stocks if the corporation is not in default or arrears as to any preferred or guaranteed dividend and has continuously and regularly paid such dividends during the preceding three years or has paid cash dividends for five years on common stock.

(b) Common stocks as provided in paragraph (c) of this subsection if:

(A) The obligations and preferred stock, if any, of such corporation are eligible for investment under ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) ; and

(B) The stock is registered on a national securities exchange regulated under the Securities Exchange Act, or if of a type not commonly so registered is regularly traded on a broad national or regional basis.

(c) Notwithstanding ORS 733.780 (Prohibited investments) (1), not more than 25 percent of admitted assets may be in common stocks that have not paid a cash dividend during each of the five years preceding the date of acquisition.

(2) An insurer shall not invest so as to own or control more than five percent of the voting power outstanding of a corporation, nor shall it invest in the obligations or stocks of a corporation if the insurer, directors, trustees and officers own or control, or as a result thereof shall own and control, in the aggregate more than 50 percent of the voting power. This subsection does not apply to limit the amount of an insurer’s assets that may be invested in the voting securities of a depository institution or any company that controls the depository institution. [Formerly 738.275; 1995 c.565 §1; 2001 c.377 §39]

Source: Section 733.620 — Investment in stocks of corporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 744.064 — OR Code / Title 56 / Chapter 744 / Section 744.064
744.064 Persons licensed elsewhere
Status: in_force

(1) Unless denied a license pursuant to ORS 744.074 (Authority of director to place licensee on probation or to suspend, revoke or refuse to issue or renew license) , a person who is currently licensed as a resident insurance producer in a Canadian province, in Mexico or in a state that does not grant nonresident insurance producer licenses to residents of this state on the same basis that this state grants nonresident insurance producer licenses under ORS 744.063 (Nonresident insurance producer license) shall receive a nonresident insurance producer license if:

(a) The Director of the Department of Consumer and Business Services determines that the insurance regulator in the person’s place of residence grants nonresident insurance producer licenses to residents of this state on the same basis that the director grants nonresident insurance producer licenses to residents of the other jurisdiction or on the same basis that the insurance regulator grants insurance producer licenses to residents of the other jurisdiction, or on another basis that is reasonable and fair to licensees of this state; and

(b) The person meets all of the following requirements:

(A) The person is in good standing as a resident insurance producer in the person’s place of residence in Canada, Mexico or the person’s state of residence.

(B) The person has submitted the proper request for a nonresident insurance producer license and has paid the applicable fees.

(C) The person has submitted or transmitted to the Director of the Department of Consumer and Business Services the resident insurance producer license application that the person submitted to the insurance regulator in the person’s place of residence, or in lieu of that application, a completed Uniform Application.

(D) The person has taken and passed a written examination specified by the director under this section with respect to the authority to transact the class or classes of insurance for which the applicant has applied. The requirement of an examination does not apply to an applicant that is a business entity.

(E) The person has satisfied any other qualifications established by the director by rule or has satisfied qualifications that the director establishes by rule in lieu of the qualifications established in this subsection.

(2) A person who is licensed by this state to sell, solicit or negotiate insurance as a nonresident insurance producer under this section may sell, solicit or negotiate any policy of insurance upon domestic risks to the same extent and upon the same terms as provided by the insurance regulator in the person’s place of residence for residents of this state transacting a like business in a province of Canada, in Mexico or in the person’s state of residence.

(3) The examination requirement under subsection (1) of this section is subject to waiver if:

(a) The director determines that a written examination or other comparable requirement acceptable to the director is required of applicants for a resident insurance producer license in the other jurisdiction;

(b) The insurance regulator of the other jurisdiction certifies that the applicant holds a valid license as a resident insurance producer in the other jurisdiction and either passed the written examination, was the holder of a resident insurance producer license prior to the time the written examination was first required or meets the other comparable requirement acceptable to the director; and

(c) In the other jurisdiction, a resident of this state is privileged to procure an insurance producer license upon conditions that the director determines to be reasonable and fair to licensees of this state.

(4) The director shall establish the form of the nonresident insurance producer license issued under this section.

(5) A person licensed as a surplus lines insurance producer in the person’s home state is eligible for a nonresident surplus lines insurance producer license in the manner provided for nonresident insurance producer licenses in subsection (1) of this section. A person to whom a nonresident surplus lines insurance producer license is issued under this section is subject to ORS 735.400 (Purposes of ORS 735.400 to 735.495) to 735.495 (Short title) .

(6) The director is the attorney in fact of a person to whom a license is issued under this section, and upon whom all legal process in any action or proceeding against the person may be served. Any legal process against the person that is served upon the director has the same legal force and validity as if served upon the person. The authority of the director under this subsection continues as long as any liability remains outstanding in this state. The director becomes the attorney in fact of the person on the date that the director issues the nonresident insurance producer license to the person. This subsection does not apply to a person to whom a nonresident surplus lines insurance producer license is issued. [2001 c.191 §9; 2003 c.364 §10]

Source: Section 744.064 — Persons licensed elsewhere , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 731.154 — OR Code / Title 56 / Chapter 731 / Section 731.154
731.154 “Annuity.”
Status: in_force

(1) “Annuity” or “annuity policy” means any agreement to make periodic payments, whether fixed or variable in amount, where the making of all or some of such payments, or the amount of any such payment, is dependent upon the continuance of human life, except payments made pursuant to the settlement provisions of a life insurance policy, and includes additional benefits operating to safeguard the policy from lapse or to provide a special surrender value or special benefit or annuity in the event of total and permanent disability of the annuitant.

(2) “Annuity” does not include a charitable remainder annuity trust or a charitable remainder unitrust as defined in section 664(d) of the Internal Revenue Code. [1967 c.359 §33; 1993 c.377 §1]

Source: Section 731.154 — “Annuity.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 731.590 — OR Code / Title 56 / Chapter 731 / Section 731.590
731.590 “Insurer” defined for ORS 731.592 and 731.594
Status: in_force

As used in ORS 731.592 (Reporting criminal conduct involving insurance) and 731.594 (Immunity from civil liability) , “insurer” includes, but is not limited to:

(1) An insurer, as defined in ORS 731.106 (“Insurer.”) .

(2) A health care service contractor, as defined in ORS 750.005 (Definitions) , including, but not limited to, a health maintenance organization.

(3) A multiple employer welfare arrangement, as defined in ORS 750.301 (Definitions for ORS 750.301 to 750.341) .

(4) A legal entity that is self-insured and provides insurance services to its employees.

(5) An insurer, as defined in ORS 656.005 (Definitions) .

(6) An employer authorized under ORS chapter 656 to self-insure its workers’ compensation risk.

(7) A fraternal benefit society, as described in ORS 748.106 (Description of fraternal benefit society) .

(8) An insurance producer, as defined in ORS 731.104 (“Insurance producer.”) . [1999 c.633 §2; 2003 c.364 §73; 2007 c.241 §25]

Source: Section 731.590 — “Insurer” defined for ORS 731.592 and 731.594 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 746.485 — OR Code / Title 56 / Chapter 746 / Section 746.485
746.485 Regulation of service charge for premium financing
Status: in_force

(1) A premium finance company shall not charge, contract for, receive, or collect a service charge other than as permitted by ORS 746.405 (Definitions for ORS 746.405 to 746.530) to 746.530 (Attorney fees) .

(2) The service charge is to be computed on the balance of the premiums due (after subtracting the down payment made by the insured in accordance with the premium finance agreement) from the effective date of the insurance coverage, for which the premiums are being advanced, to and including the date when the final payment of the premium finance agreement is payable.

(3) The service charge shall not exceed interest at a rate authorized under this subsection plus an additional charge of 10 percent of the amount financed or $50, whichever amount is less, per premium finance agreement. The additional charge need not be refunded upon cancellation or prepayment. The rate of interest charged by a premium finance company on the amount of financed premium shall not exceed the nominal annual rate of five percentage points in excess of the discount rate, and any surcharge thereon, on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve District which includes Oregon on the effective date of the insurance coverage or 18 percent, whichever is greater.

(4) Any insured may prepay the premium finance agreement in full at any time before the due date of the final payment. In such event the unearned interest shall be refunded. The amount of any such refund shall be the total amount of interest due on the agreement less the interest earned to the installment date nearest the date of payment, computed by applying the actuarial method based on the annual percentage rate set forth on the premium finance agreement. [1969 c.639 §10; 1971 c.231 §39; 1983 c.239 §1]

Source: Section 746.485 — Regulation of service charge for premium financing; method of computation; prepayment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 732.235 — OR Code / Title 56 / Chapter 732 / Section 732.235
732.235 Voluntary dissolution of insurer
Status: in_force

(1) No insurer may be dissolved voluntarily until the Director of the Department of Consumer and Business Services has approved a plan for liquidation of the insurer’s assets and obligations. The preparation and approval of such plan shall follow the provisions of ORS 732.517 (Purpose of ORS 732.517 to 732.546) to 732.546 (Severability) .

(2) The plan of dissolution must provide for reinsurance of substantially all insurance in force of the insurer in accordance with the provisions of ORS 731.512 (Withdrawal of insurer) .

(3) The director shall require that the plan of dissolution provide adequate reserves in trust or otherwise for satisfaction of all obligations of the insurer. [1967 c.359 §170; 1993 c.447 §107]

Source: Section 732.235 — Voluntary dissolution of insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 744.850 — OR Code / Title 56 / Chapter 744 / Section 744.850
744.850 Definitions for ORS 744.850 to 744.858
Status: in_force

As used in ORS 744.850 (Definitions for ORS 744.850 to 744.858) to 744.858 (Revocation or suspension of limited license) :

(1) “Limited license” means a license issued under ORS 744.852 (Limited license for rental companies) that authorizes a rental company to offer or sell insurance as provided in ORS 744.854 (Kinds of insurance authorized by limited license) .

(2) “Rental agreement” means a written agreement setting forth the terms and conditions governing use of a vehicle provided by a rental company for rent.

(3) “Rental company” means a person or entity in the business of providing vehicles to the public under a rental agreement for a period of 90 days or less.

(4) “Renter” means a person obtaining the use of a vehicle from a rental company for a period of 90 days or less.

(5) “Vehicle” means an automobile, van, minivan, sports utility vehicle, cargo van, recreational vehicle, motorcycle, all-terrain vehicle, trailer, pickup truck or truck with a gross vehicle weight of less than 26,000 pounds that does not require a commercial driver license to operate. [1999 c.485 §2; 2007 c.719 §1]

Note: 744.850 (Definitions for ORS 744.850 to 744.858) to 744.858 (Revocation or suspension of limited license) were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 744 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 744.850 — Definitions for ORS 744.850 to 744.858 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 746.422 — OR Code / Title 56 / Chapter 746 / Section 746.422
746.422 Inquiries from director to premium finance company
Status: in_force

In the manner provided in ORS 731.296 (Director’s inquiries) , the Director of the Department of Consumer and Business Services may address inquiries to a premium finance company, and a premium finance company shall reply to such inquiries. [1993 c.265 §11]

Source: Section 746.422 — Inquiries from director to premium finance company , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 735.075 — OR Code / Title 56 / Chapter 735 / Section 735.075
735.075 Discretionary association functions
Status: in_force

The Oregon FAIR Plan Association may:

(1) With the approval of the Director of the Department of Consumer and Business Services, employ or retain such persons and designate such inspection bureaus and service insurers as are necessary to handle applications, inspect and insure property and perform the other duties of the association.

(2) Borrow funds as necessary to carry out ORS 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties) in such manner as may be specified in the plan.

(3) Sue or be sued.

(4) Negotiate and become a party to such contracts as are necessary to carry out ORS 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties) .

(5) At the end of any calendar year, refund to member insurers, in proportion to each insurer’s payments to the association, the amount by which the board of directors finds that the funds of the association exceed its current liabilities plus the liabilities estimated for the coming year.

(6) Perform such other acts as are necessary or proper to carry out ORS 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties) . [1971 c.321 §9]

Source: Section 735.075 — Discretionary association functions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743.360 — OR Code / Title 56 / Chapter 743 / Section 743.360
743.360 Alternative group life insurance coverage
Status: in_force

(1) Group life insurance coverage offered to a resident in this state under a group life insurance policy issued to a group other than one described in ORS 743.351 (Eligibility of association to be group life policyholder) or 743.354 (Requirements for certain group life policies issued to trustees of certain funds) may be delivered if:

(a) The Director of the Department of Consumer and Business Services finds that:

(A) The issuance of the policy is in the best interest of the public;

(B) The issuance of the policy would result in economies of acquisition or administration; and

(C) The benefits are reasonable in relation to the premiums charged;

(b) The premium for the policy is paid either from funds of a policyholder, from funds contributed by a covered person or from both; and

(c) An insurer has the discretion to exclude or limit coverage for a voluntary plan on any person for whom evidence of individual insurability is not satisfactory to the insurer.

(2) The requirements of ORS 743.303 (Requirements for issuance of group life insurance policies) do not apply to a policy authorized under subsection (1) of this section. [2001 c.943 §3]

Source: Section 743.360 — Alternative group life insurance coverage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.122 — OR Code / Title 56 / Chapter 731 / Section 731.122
731.122 “Policy.”
Status: in_force

“Policy” means the written contract or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, indorsements and papers which are a part thereof and annuities. [1967 c.359 §25]

Source: Section 731.122 — “Policy.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 735.634 — OR Code / Title 56 / Chapter 735 / Section 735.634
735.634 License application
Status: in_force

(1) Each applicant for a license to operate as a discount medical plan organization shall apply to the Director of the Department of Consumer and Business Services in a form and manner that the director prescribes by rule. An application for a license under this section must contain all of the following:

(a) The applicant’s name, fictitious name, assumed business name and any other identity the applicant uses in conducting business.

(b) The applicant’s business address, mailing address, electronic mail address and the Internet address of any website the applicant maintains for public access.

(c) The applicant’s federal employer identification number or Internal Revenue Service taxpayer identification number.

(d) The applicant’s principal place of business inside or outside this state.

(e) The name of and contact information for a person that the applicant has designated to provide information to consumers or answer consumer questions.

(f) The name and address of the applicant’s agent for the service of process, notice or demand, or a power of attorney that the applicant has executed and by which the applicant appoints the director as the applicant’s agent for the service of process, notice or demand.

(g) A list of individual providers or providers included in the provider network that provide services in this state and a list of the medical and ancillary services the applicant offers or intends to offer to plan members as part of a discount medical plan or the Internet address of a website that lists the providers and services offered.

(h) A list of the persons that the applicant has authorized or intends to authorize to market a discount medical plan in this state under a name that is different from the applicant’s name.

(i) The name, trade name, service mark or other means by which a consumer can identify the discount medical plan the applicant offers or intends to offer and any different name, trade name, service mark or other means the applicant uses to identify the same discount medical plan to persons other than consumers.

(j) A statement that discloses:

(A) Any criminal conviction in the five-year period before the date of application involving the applicant, a member of the board of directors or an officer of the applicant and any person owning or having the right to acquire 10 percent or more of the voting securities of the applicant; and

(B) Any pending investigation into the applicant’s business activities brought by a licensing, regulatory or law enforcement authority in any jurisdiction.

(k) A statement in which the applicant agrees to submit to the personal jurisdiction of the courts of this state.

(L) A statement that discloses any instance in which another jurisdiction has denied the applicant a license or other authority to operate as a discount medical plan organization or has suspended or revoked any such license or other authority after issuance.

(m) Other information the director may require that enables the director, after reviewing all of the information submitted under this subsection, to determine whether the applicant:

(A) Is financially responsible;

(B) Has adequate experience and expertise to operate a discount medical plan organization; and

(C) Is of good character.

(2) Upon receipt of a completed application for a license to operate as a discount medical plan organization, the director may investigate the applicant as necessary to verify the information contained in the application. Except as provided in subsection (3) of this section, if the director is satisfied that the information contained in the application is accurate and complete, the director shall issue a license to the applicant.

(3) The director may deny a license to any applicant if the director finds in writing that:

(a) The applicant has provided false, misleading, incomplete or inaccurate information in the application; or

(b) The applicant is not qualified to operate as a discount medical plan organization because the applicant is not financially responsible, does not have adequate experience or expertise, or has engaged in dishonest, fraudulent or illegal practices or conduct in any business or profession.

(4) If the director denies a license under this section, the applicant may request a hearing under ORS 183.435 (Period allowed to request hearing for license refusal on grounds other than test or inspection results) . Upon receiving the applicant’s request, the director shall grant the applicant a hearing under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) . [Formerly 742.426]

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

Source: Section 735.634 — License application; investigation; issuance; grounds for denial , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 737.322 — OR Code / Title 56 / Chapter 737 / Section 737.322
737.322 Rating plan approval
Status: in_force

Notwithstanding any other provision of this chapter:

(1) The Director of the Department of Consumer and Business Services shall adopt rules providing for approval of workers’ compensation rating plans that include provisions allowing for reasonable retroactive application of experience rating modification factors. Nothing in this subsection affects retrospective rating plans.

(2) If the director disapproves a workers’ compensation rate or rating plan and the insurer or rating organization requests a hearing before the director, the burden of proof is upon the insurer or rating organization to prove that the filing meets the requirements of this chapter.

(3) If the director holds a hearing on an order disapproving a workers’ compensation rate, rating plan or rating system, the insurer or rating or advisory organization filing or using the rate, rating plan or rating system shall pay to the director the just and legitimate costs of the hearing, including actual necessary expenses. [1987 c.884 §49; 2007 c.275 §1]

Source: Section 737.322 — Rating plan approval; rules; hearing on disapproval; costs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 732.305 — OR Code / Title 56 / Chapter 732 / Section 732.305
732.305 Board of directors
Status: in_force

A domestic insurer may not have fewer than five directors. A director need not be a shareholder or member of the insurer unless the articles of incorporation so require, but a director must be 21 years of age or older. At least five or one-quarter of the directors, whichever is fewer, must be residents of this state. A majority of directors must be persons who are not salaried officers of the insurer. [1967 c.359 §174; 1997 c.771 §18; 2007 c.433 §1]

Source: Section 732.305 — Board of directors; qualifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 731.099 — OR Code / Title 56 / Chapter 731 / Section 731.099
731.099 “Independently procured insurance.”
Status: in_force

“Independently procured insurance” means insurance procured directly by an insured from a nonadmitted insurer as defined in ORS 735.405 (Definitions for ORS 735.400 to 735.495) . [2011 c.660 §2]

Note: 731.099 (“Independently procured insurance.”) was added to and made a part of ORS chapter 731 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 731.099 — “Independently procured insurance.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743.450 — OR Code / Title 56 / Chapter 743 / Section 743.450
743.450 Change of occupation
Status: in_force

A health insurance policy may contain a provision as follows: “CHANGE OF OCCUPATION: If the insured be injured or contract sickness after having changed occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only such portion of the indemnities provided in this policy as the premium paid would have purchased at the rates and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes occupation to one classified by the insurer as less hazardous than that stated in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the premium rate accordingly, and will return the excess pro rata unearned premium from the date of change of occupation or from the policy anniversary date immediately preceding receipt of such proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium rates shall be such as have been last filed by the insurer prior to the occurrence of the loss for which the insurer is liable or prior to date of proof of change in occupation with the state official having supervision of insurance in the state where the insured resided at the time this policy was issued; but if such filing was not required, then the classification of occupational risk and the premium rates shall be those last made effective by the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change in occupation.” [1967 c.359 §442]

Source: Section 743.450 — Change of occupation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 748.123 — OR Code / Title 56 / Chapter 748 / Section 748.123
748.123 Membership
Status: in_force

(1) A society shall specify in its laws or rules:

(a) Eligibility standards for each and every class of membership, provided that, if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than 15 years of age and not greater than 21 years of age;

(b) The process for admission to membership for each membership class; and

(c) The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society.

(2) A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society.

(3) Membership rights in the society are personal to the member and are not assignable. [1987 c.490 §7]

Source: Section 748.123 — Membership; eligibility; admission process; privileges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 746.065 — OR Code / Title 56 / Chapter 746 / Section 746.065
746.065 Personal or controlled insurance
Status: reserved

(1) As used in this section, “personal or controlled insurance” means insurance covering an insurance producer or:

(a) The spouse of the insurance producer, the employer of the insurance producer or the employer’s spouse, or any group of employees under a group policy issued to the employer of the insurance producer;

(b) Any person related to the insurance producer, to the spouse of the insurance producer, to the employer of the insurance producer or to the employer’s spouse within the second degree by blood or marriage;

(c) If the employer of the insurance producer is a corporation, any person directly or indirectly owning or controlling a majority of the voting stock or controlling interest in such corporation;

(d) If the employer of the insurance producer is a partnership or association, any person owning any interest in such partnership or association;

(e) If the insurance producer is a corporation, any person directly or indirectly owning or controlling a majority of the voting stock or controlling interest in the insurance producer, and any corporation which is likewise directly or indirectly controlled by the person who so directly or indirectly controls the insurance producer; or

(f) If the insurance producer is a corporation, any corporation making consolidated returns for United States income tax purposes with any corporation described in paragraph (e) of this subsection.

(2) If premiums on personal or controlled insurance transacted by an insurance producer payable in one calendar year exceed the premiums or with respect to life and health insurance twice the premiums, on other insurance transacted by the insurance producer payable in the same year, the receipt of commissions upon the excess is an unlawful rebate.

(3) This section shall not apply to an individual licensee who:

(a) Is licensed during all of such calendar year individually as an insurance producer;

(b) During such calendar year conducts an individual insurance producer business, not being designated to exercise the powers conferred by an insurance producer’s license issued to any firm or corporation nor owning any interest in any firm or corporation transacting an insurance producer business;

(c) Has been continuously licensed in some manner as an insurance producer, and has been active as such, for at least 25 years; and

(d) Is at least 65 years of age at the beginning of such calendar year.

(4) This section does not apply to the writing, issuing or soliciting by a seller of personal property of insurance covering the personal property sold by the seller on an installment contract whereunder the title to the property is reserved by the seller.

(5) This section shall not apply to an insurance producer, whether an individual, firm or corporation, if:

(a) The insurance producer is controlled or owned by a nonprofit professional association and offers professional liability and related business and personal umbrella or excess liability insurance exclusively to members of the association; and

(b) The primary function of the association is other than marketing insurance. [1967 c.359 §573; 1987 c.774 §147; 1989 c.701 §73; 2003 c.364 §136]

Source: Section 746.065 — Personal or controlled insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 743.040 — OR Code / Title 56 / Chapter 743 / Section 743.040
743.040 Personal insurance, insurable interest and beneficiaries
Status: in_force

(1) Any individual of competent legal capacity may procure or effect an insurance policy on the individual’s own life or body for the benefit of any person. However, except as provided in ORS 743.044 (Life insurance for benefit of charity) , no person shall procure or cause to be procured any insurance policy upon the life or body of another unless the benefits under such policy are payable to the individual insured or the personal representatives of the individual, or to a person having, at the time such policy was entered into, an insurable interest in the individual insured.

(2) If the beneficiary, assignee or other payee under any policy made in violation of this section receives from the insurer any benefits thereunder accruing upon the death, disablement or injury of the individual insured, the individual insured or the individual’s executor or administrator, as the case may be, may maintain an action to recover such benefits from the person so receiving them.

(3) An insurer shall be entitled to rely upon all statements, declarations and representations made by an applicant for insurance relative to the matter of insurable interest. No insurer shall incur legal liability, except as set forth in the policy, by virtue of any untrue statements, declarations or representations so relied upon in good faith by the insurer.

(4) This section does not apply to annuity policies. [Formerly 743.024]

Source: Section 743.040 — Personal insurance, insurable interest and beneficiaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 750.327 — OR Code / Title 56 / Chapter 750 / Section 750.327
750.327 Examinations
Status: in_force

A multiple employer welfare arrangement and its board of trustees and each administrator, insurer or trustee related to the trust or multiple employer welfare arrangement are subject to investigation and examination in the same manner and to the same extent as an insurer under ORS 731.296 (Director’s inquiries) to 731.316 (Expenses of examination of insurer) . [1993 c.615 §16]

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

Source: Section 750.327 — Examinations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 743a.110 — OR Code / Title 56 / Chapter 743a / Section 743a.110
743A.110 Mastectomy-related services
Status: in_force

(1) As used in this section, “mastectomy” means the surgical removal of all or part of a breast or a breast tumor suspected to be malignant.

(2) All insurers offering a health benefit plan as defined in ORS 743B.005 (Definitions) shall provide payment, coverage or reimbursement for mastectomy and for the following services related to a mastectomy as determined by the attending physician and enrollee to be part of the enrollee’s course or plan of treatment:

(a) All stages of reconstruction of the breast on which a mastectomy was performed, including but not limited to nipple reconstruction, skin grafts and stippling of the nipple and areola;

(b) Surgery and reconstruction of the other breast to produce a symmetrical appearance;

(c) Prostheses;

(d) Treatment of physical complications of the mastectomy, including lymphedemas; and

(e) Inpatient care related to the mastectomy and post-mastectomy services.

(3) An insurer providing coverage under subsection (2) of this section shall provide written notice describing the coverage to the enrollee at the time of enrollment in the health benefit plan and annually thereafter.

(4) A health benefit plan must provide a single determination of prior authorization for all services related to a mastectomy covered under subsection (2) of this section that are part of the enrollee’s course or plan of treatment.

(5) When an enrollee requests an external review of an adverse benefit determination as defined in ORS 743B.001 (Definitions) by the insurer regarding services described in subsection (2) of this section, the insurer or the Director of the Department of Consumer and Business Services must expedite the enrollee’s case pursuant to ORS 743B.252 (External review) (5).

(6) The coverage required under subsection (2) of this section is subject to the same terms and conditions in the plan that apply to other benefits under the plan.

(7) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [Formerly 743.691; 2011 c.208 §1; 2011 c.500 §41]

Source: Section 743A.110 — Mastectomy-related services; expedited external review required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 743b.344 — OR Code / Title 56 / Chapter 743b / Section 743b.344
743B.344 Procedure for obtaining continuation of coverage under ORS 743B.343
Status: in_force

(1) As used in subsections (1) to (6) of this section, “plan administrator” means:

(a) The person designated as the plan administrator by the instrument under which the group health insurance plan is operated; or

(b) If no plan administrator is designated, the plan sponsor.

(2) Within 60 days of legal separation or the entry of a judgment of dissolution of marriage, a legally separated or divorced spouse eligible for continued coverage under ORS 743B.343 (Availability of continued coverage under group policy for surviving, divorced or separated spouse 55 or older) who seeks such coverage shall give the plan administrator written notice of the legal separation or dissolution. The notice shall include the mailing address of the legally separated or divorced spouse.

(3) Within 30 days of the death of a covered person whose surviving spouse is eligible for continued coverage under ORS 743B.343 (Availability of continued coverage under group policy for surviving, divorced or separated spouse 55 or older) , the group policyholder shall give the plan administrator written notice of the death and of the mailing address of the surviving spouse.

(4) Within 14 days of receipt of notice under subsection (2) or (3) of this section, the plan administrator shall notify the legally separated, divorced or surviving spouse that the policy may be continued. The notice shall be mailed to the mailing address provided to the plan administrator and shall include:

(a) A form for election to continue the coverage;

(b) A statement of the amount of periodic premiums to be charged for the continuation of coverage and of the method and place of payment; and

(c) Instructions for returning the election form by mail within 60 days after the date of mailing of the notice by the plan administrator.

(5) Failure of the legally separated, divorced or surviving spouse to exercise the election in accordance with subsection (4) of this section shall terminate the right to continuation of benefits.

(6) If a plan administrator fails to notify the legally separated, divorced or surviving spouse as required by subsection (4) of this section, premiums shall be waived from the date the notice was required until the date notice is received by the legally separated, divorced or surviving spouse.

(7) The provisions of this section and ORS 743B.343 (Availability of continued coverage under group policy for surviving, divorced or separated spouse 55 or older) and 743B.345 (Premium for continuation of coverage under ORS 743B.344) apply only to employers with 20 or more employees and group health insurance plans with 20 or more certificate holders on a typical business day during the preceding calendar year. [Formerly 743.601]

Source: Section 743B.344 — Procedure for obtaining continuation of coverage under ORS 743B.343 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 735.633 — OR Code / Title 56 / Chapter 735 / Section 735.633
735.633 Requirement for contract with provider
Status: in_force

(1) A discount medical plan organization shall have a written contract or other written agreement with all providers or provider networks that the organization includes or purports to include in a discount medical plan, or with an entity that contracts with or enters into an agreement with a provider network on the organization’s behalf.

(2) The contract or other agreement between a discount medical plan organization and a provider must include:

(a) A list of the medical and ancillary services included in the discount medical plan;

(b) The provider’s discount rate or rates or a schedule that reflects the provider’s fixed or discounted prices for the medical and ancillary services subject to the discount medical plan; and

(c) A provision in which the provider agrees not to charge plan members more for medical and ancillary services than the amount listed in the provider’s price schedule or an amount that reflects the application of the provider’s discount rate.

(3) The contract or other agreement between a discount medical plan organization and a provider network, or between an entity and a provider network when the entity contracts with or enters into an agreement with a provider network on the organization’s behalf, shall require the provider network to have written agreements with providers that, in addition to meeting the requirements of subsection (2) of this section:

(a) Authorize the provider network to contract with or enter into an agreement with the discount medical plan organization or the entity on behalf of the provider; and

(b) Require the provider network to maintain an up-to-date list of the providers that are part of the provider network and to provide the updated list each month to the discount medical plan organization.

(4) A discount medical plan organization shall retain copies of the contracts or agreements and other documents described in this section at all times during which the organization operates in this state. [Formerly 742.424]

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

Source: Section 735.633 — Requirement for contract with provider; contents of contract; retention of record , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 734.520 — OR Code / Title 56 / Chapter 734 / Section 734.520
734.520 Purpose
Status: in_force

The purpose of ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) is to provide for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies, to provide an association to assess the cost of such protection among insurers and to assist in the liquidation of insurers as provided in this chapter. [1971 c.616 §2]

Source: Section 734.520 — Purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743b.555 — OR Code / Title 56 / Chapter 743b / Section 743b.555
743B.555 Confidential communications
Status: in_force

(1) As used in this section:

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

(b) “Communication” includes:

(A) An explanation of benefits notice;

(B) Information about an appointment;

(C) A notice of an adverse benefit determination;

(D) A carrier’s or third party administrator’s request for additional information regarding a claim;

(E) A notice of a contested claim;

(F) The name and address of a provider, a description of services provided and other visit information; and

(G) Any written, oral or electronic communication described in this paragraph from a carrier or a third party administrator to a policyholder, certificate holder or enrollee that contains protected health information.

(c) “Confidential communications request” means a request from an enrollee to a carrier or third party administrator that communications be sent directly to the enrollee and that the carrier or third party administrator refrain from sending communications concerning the enrollee to the policyholder or certificate holder.

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

(2) A carrier and a third party administrator doing business in this state:

(a) Shall permit any enrollee to submit a confidential communications request.

(b) Shall update an enrollee on the status of implementing a confidential communications request upon the enrollee’s inquiry.

(3) The procedure adopted by a carrier or third party administrator for enrollees to make confidential communications requests:

(a) Must allow enrollees to use the form described in subsection (4) of this section and may also allow enrollees to make the request by other means such as telephone or the Internet.

(b) Shall ensure that the confidential communications request remains in effect until the enrollee revokes the request in writing or submits a new confidential communications request.

(c) Shall ensure that the confidential communications request is acted upon and implemented by the carrier or third party administrator not later than seven days after receipt of a request by electronic means or 30 days after receipt of a request in hard copy.

(d) May not require an enrollee to waive any right to limit disclosure under this section as a condition of eligibility for or coverage under a health benefit plan.

(e) Must be easy to understand and to complete.

(4) The Department of Consumer and Business Services shall work with stakeholders to develop and make available to the public a standardized form that an enrollee may submit to a carrier or third party administrator to make a confidential communications request. The department may encourage health care providers to clearly display the form and make it available to patients. At a minimum, the form must:

(a) Inform an enrollee about the enrollee’s right to have protected health information sent to the enrollee and not disclosed to the policyholder or certificate holder;

(b) Allow an enrollee to indicate where to redirect communications containing protected health information, including a specified mail or electronic mail address or specified telephone number;

(c) Allow an enrollee to designate a mail or electronic mail address or telephone number for the carrier or third party administrator to contact the enrollee if additional information or clarification is necessary to process the confidential communications request; and

(d) Include a disclaimer that it may take up to 30 days from the date of receipt for a carrier or third party administrator to process the form.

(5) If an insurer makes an adverse benefit determination regarding a claim concerning health care provided to an enrollee who has made a confidential communications request:

(a) The enrollee has the right to appeal the determination; and

(b) The policyholder or certificate holder may not appeal the adverse benefit determination unless the enrollee has signed an authorization to disclose claims information relevant to the appeal.

(6) As used in this section, “enrollee” does not include an individual who is in the custody of the Department of Corrections.

(7) The department shall interpret this section in a manner that is consistent with federal law. [2015 c.470 §2]

Note: 743B.555 (Confidential communications) 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.555 — Confidential communications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 742.026 — OR Code / Title 56 / Chapter 742 / Section 742.026
742.026 Underwriters’ and combination policies
Status: in_force

(1) Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters’ policy bearing their names. Any one insurer may issue policies in the name of an underwriter’s department and such policy shall plainly show the true name of the insurer.

(2) Two or more insurers may, with the approval of the Director of the Department of Consumer and Business Services, issue a combination policy which shall contain provisions substantially as follows:

(a) That the insurers executing the policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or for specified percentages or amounts thereof, aggregating the full amount of insurance under the policy, and

(b) That service of process, or of any notice or proof of loss required by such policy, upon any of the insurers executing the policy, shall constitute service upon all such insurers.

(3) This section does not apply to co-surety obligations. [Formerly 743.057]

Source: Section 742.026 — Underwriters’ and combination policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743b.290 — OR Code / Title 56 / Chapter 743b / Section 743b.290
743B.290 Hospital payment of copayment or deductible for insured patient
Status: in_force

An insurer offering a policy or certificate of health insurance may not prohibit a hospital, as a condition of reimbursing a claim for hospital services, from paying or waiving all or a portion of a copayment or deductible owed by an insured under the policy or certificate. [2019 c.497 §9]

Note: 743B.290 (Hospital payment of copayment or deductible for insured patient) 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.

SUBSTITUTION, RESCISSION, TERMINATION AND CONTINUATION

Source: Section 743B.290 — Hospital payment of copayment or deductible for insured patient , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743b.324 — OR Code / Title 56 / Chapter 743b / Section 743b.324
743B.324 Rules for certain notice requirements
Status: in_force

The Director of the Department of Consumer and Business Services shall adopt rules necessary for the implementation and administration of ORS 743B.323 (Separate notice to policyholder required before cancellation of individual or group health insurance policy for nonpayment of premium) and the amendments to ORS 743.417 (Grace period for subsequent premium payments) , 743.420 (Reinstatement) , 743B.013 (Requirements for small employer health benefit plans) , 743B.105 (Requirements for group health benefit plans other than small employer plans) , 743B.125 (Individual health benefit plans) and 743B.320 (Minimum grace period) by sections 9 to 14, chapter 943, Oregon Laws 2001. [Formerly 743.566]

Note: 743B.324 (Rules for certain notice requirements) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 743B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743B.324 — Rules for certain notice requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743b.310 — OR Code / Title 56 / Chapter 743b / Section 743b.310
743B.310 Rescinding coverage
Status: in_force

(1) As used in this section, “rescind” means to retroactively cancel or discontinue coverage under a health benefit plan or group or individual health insurance policy for reasons other than failure to timely pay required premiums or required contributions toward the cost of coverage.

(2) An insurer may not rescind coverage of an individual under a health benefit plan or group or individual health insurance policy unless:

(a) The individual or a person seeking coverage on behalf of the individual:

(A) Performs an act, practice or omission that constitutes fraud; or

(B) Makes an intentional misrepresentation of a material fact as prohibited by the terms of the plan or policy; and

(b) The insurer provides at least 30 days’ advance written notice, in the form and manner prescribed by the Department of Consumer and Business Services, to the individual.

(3) An insurer may not rescind coverage of a group under a health benefit plan unless:

(a) The plan sponsor:

(A) Performs an act, practice or omission that constitutes fraud; or

(B) Makes an intentional misrepresentation of a material fact as prohibited by the terms of the plan; and

(b) The insurer provides at least 30 days’ advance written notice, in the form and manner prescribed by the department, to each plan enrollee or policy holder who would be affected by the rescission of coverage.

(4) An insurer that rescinds a plan or policy must provide notice of the rescission to the department in the form, manner and time frame prescribed by the department by rule.

(5) This section does not apply to long term care insurance that is subject to ORS 743.650 (Long Term Care Insurance Act) to 743.665 (Prompt pay requirements) . [Formerly 743.894]

Note: 743B.310 (Rescinding coverage) 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.310 — Rescinding coverage; permissible bases; notice; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 735.542 — OR Code / Title 56 / Chapter 735 / Section 735.542
735.542 Pharmacy claims audits
Status: in_force

An entity that audits claims or an independent third party that contracts with an entity to audit claims:

(1) Must establish, in writing, a procedure for a pharmacy to appeal the entity’s findings with respect to a claim and must provide a pharmacy with a notice regarding the procedure, in writing or electronically, prior to conducting an audit of the pharmacy’s claims;

(2) May not conduct an audit of a claim more than 24 months after the date the claim was adjudicated by the entity;

(3) Must give at least 15 days’ advance written notice of an on-site audit to the pharmacy or corporate headquarters of the pharmacy;

(4) May not conduct an on-site audit during the first five days of any month without the pharmacy’s consent;

(5) Must conduct the audit in consultation with a pharmacist who is licensed by this or another state if the audit involves clinical or professional judgment;

(6) May not conduct an on-site audit of more than 250 unique prescriptions of a pharmacy in any 12-month period except in cases of alleged fraud;

(7) May not conduct more than one on-site audit of a pharmacy in any 12-month period;

(8) Must audit each pharmacy under the same standards and parameters that the entity uses to audit other similarly situated pharmacies;

(9) Must pay any outstanding claims of a pharmacy no more than 45 days after the earlier of the date all appeals are concluded or the date a final report is issued under ORS 735.550 (Pharmacy claims audits) (3);

(10) May not include dispensing fees or interest in the amount of any overpayment assessed on a claim unless the overpaid claim was for a prescription that was not filled correctly;

(11) May not recoup costs associated with:

(a) Clerical errors; or

(b) Other errors that do not result in financial harm to the entity or a consumer; and

(12) May not charge a pharmacy for a denied or disputed claim until the audit and the appeals procedure established under subsection (1) of this section are final. [2013 c.570 §5]

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

Source: Section 735.542 — Pharmacy claims audits; requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743b.202 — OR Code / Title 56 / Chapter 743b / Section 743b.202
743B.202 Requirements for insurers offering managed health or preferred provider organization insurance
Status: in_force

An insurer offering managed health insurance or preferred provider organization insurance in this state shall:

(1) File an annual summary with the Department of Consumer and Business Services that reports on the scope and adequacy of the insurer’s network and the insurer’s ongoing monitoring to ensure that all covered services are reasonably accessible to enrollees. The Director of the Department of Consumer and Business Services shall adopt rules establishing uniform indicators that insurers offering managed health insurance or preferred provider organization insurance must use for reporting under this subsection, including but not limited to reporting on the scope and adequacy of networks. For the purpose of developing the rules, the director shall consult with an advisory committee appointed by the director. The advisory committee must include representatives of persons likely to be affected by the rules, including consumers, purchasers of health insurance and insurers that offer managed health insurance or preferred provider organization insurance.

(2) Establish a means to provide to the insurer’s managed care plan or preferred provider organization insurance enrollees, purchasers and providers a meaningful opportunity to participate in the development and implementation of insurer policy and operation through:

(a) The establishment of advisory panels;

(b) Consultation with advisory panels on major policy decisions; or

(c) Other means including but not limited to:

(A) Governing board meetings or special meetings at which enrollees, purchasers and providers are invited to express opinions; and

(B) Enrollee councils that are given a reasonable opportunity to meet with the governing board or its designee. [Formerly 743.817]

Source: Section 743B.202 — Requirements for insurers offering managed health or preferred provider organization insurance; rules; opportunity to participate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 742.154 — OR Code / Title 56 / Chapter 742 / Section 742.154
742.154 Factors to be considered by director in determining whether to approve assumption reinsurance agreement
Status: in_force

The Director of the Department of Consumer and Business Services shall consider the following factors, along with other factors that the director determines to be appropriate, in reviewing a request for approval of an assumption reinsurance agreement to which ORS 742.150 (Approval by director) applies:

(1) The financial condition of the transferring and assuming insurers and the effect the transaction will have on the financial condition of each insurer.

(2) The competence, experience and integrity of the persons controlling the operation of the assuming insurer.

(3) The plans or proposals of the assuming party with respect to the administration of the policies subject to the proposed transfer.

(4) Whether the transfer is fair and reasonable to the policyholders of both insurers.

(5) Whether the notice of transfer to be provided by the insurer under ORS 742.156 (Notice of transfer under assumption reinsurance agreement) is fair, adequate and not misleading. [1995 c.30 §4]

Source: Section 742.154 — Factors to be considered by director in determining whether to approve assumption reinsurance agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 734.825 — OR Code / Title 56 / Chapter 734 / Section 734.825
734.825 Powers and duties of director
Status: in_force

In addition to the duties and powers enumerated elsewhere in ORS 734.750 (Short title) to 734.820 (Plan of operation) and 734.830 (Notifying director of impaired insurers) to 734.890 (Association not to be used in sales or solicitation) :

(1) The Director of the Department of Consumer and Business Services shall:

(a) Upon request of the board of directors, provide the Oregon Life and Health Insurance Guaranty Association with a statement of the premiums in the appropriate states for each member insurer.

(b) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under ORS 734.750 (Short title) to 734.890 (Association not to be used in sales or solicitation) .

(2) The director may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative the director may levy a forfeiture on any member insurer which fails to pay an assessment when due. Such forfeiture shall not exceed five percent of the unpaid assessment per month, but no forfeiture shall be less than $100 per month.

(3) Any action of the board of directors or the association may be appealed to the director by any member insurer if such appeal is taken within 30 days of the action being appealed. Any final action or order of the director shall be subject to judicial review in a court of competent jurisdiction.

(4) The liquidator, rehabilitator or conservator of any impaired insurer may notify all interested persons of the effect of ORS 734.750 (Short title) to 734.890 (Association not to be used in sales or solicitation) . [1975 c.251 §12]

Source: Section 734.825 — Powers and duties of director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 734.835 — OR Code / Title 56 / Chapter 734 / Section 734.835
734.835 Assessments offset against tax liabilities
Status: in_force

(1) A member insurer may offset against its corporate excise tax liabilities to this state an assessment described in ORS 734.815 (Assessment of members) (8), at the rate of 20 percent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its premium or corporate excise tax liabilities for the year it ceases doing business.

(2) Any sums acquired by refund pursuant to ORS 734.815 (Assessment of members) (6) from the Oregon Life and Health Insurance Guaranty Association which have theretofore been written off by contributing insurers and offset against premium or corporate excise taxes as provided in subsection (1) of this section, and are not then needed for purposes of ORS 734.750 (Short title) to 734.890 (Association not to be used in sales or solicitation) , shall be paid by the association to the Director of the Department of Consumer and Business Services and deposited by the director with the State Treasurer for credit to the General Fund of this state. [1975 c.251 §14; 1995 c.786 §9]

Note: Section 50, chapter 913, Oregon Laws 2009, provides:

Sec. 50. An offset is not allowed under ORS 734.835 (Assessments offset against tax liabilities) if the first tax year for which the credit would otherwise be allowed begins on or after January 1, 2028. [2009 c.913 §50; 2015 c.701 §13; 2021 c.525 §16]

Source: Section 734.835 — Assessments offset against tax liabilities; rate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 735.537 — OR Code / Title 56 / Chapter 735 / Section 735.537
735.537 Reports to department regarding payments received from manufacturers and disposition of payments from manufacturers
Status: in_force

(1) As used in this section:

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

(b) “Manufacturer” has the meaning given that term in ORS 646A.689 (Requirement to report certain information concerning drug manufacturing and pricing) .

(c) “Prescription drug” has the meaning given that term in ORS 646A.689 (Requirement to report certain information concerning drug manufacturing and pricing) .

(2) Not later than June 1 of each calendar year, a pharmacy benefit manager registered under ORS 735.532 (Registration of pharmacy benefit managers) shall file a report with the Department of Consumer and Business Services. The report must contain, for the immediately preceding calendar year, the aggregated dollar amount of rebates, fees, price protection payments and any other payments the pharmacy benefit manager received from manufacturers:

(a) Related to managing the pharmacy benefits for carriers issuing health benefit plans in this state; and

(b) That were:

(A) Passed on to carriers issuing health benefit plans in this state or enrollees at the point of sale of a prescription drug in this state; or

(B) Retained as revenue by the pharmacy benefit manager.

(3) The report described in subsection (2) of this section may not disclose:

(a) The identity of a carrier or an enrollee;

(b) The price charged for a specific prescription drug or class of drugs; or

(c) The amount of any rebate or fee provided for a specific prescription drug or class of prescription drugs.

(4) Information submitted to the department under this section is confidential and not subject to disclosure except as provided in subsection (5) of this section and ORS 705.137 (Information that is confidential or not subject to disclosure) .

(5) Not later than October 1 of each calendar year, the department shall publish on the department’s website the aggregated data from all reports filed by pharmacy benefit managers under this section for the preceding calendar year. The department shall publish the data in a manner that does not disclose confidential information of pharmacy benefit managers. [2023 c.466 §2]

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

Source: Section 735.537 — Reports to department regarding payments received from manufacturers and disposition of payments from manufacturers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 744.303 — OR Code / Title 56 / Chapter 744 / Section 744.303
744.303 Certificate of errors and omissions insurance
Status: in_force

(1) A managing general agent 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 managing general agent 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 once again becomes generally available. [1991 c.495 §4]

Source: Section 744.303 — Certificate of errors and omissions insurance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 744.083 — OR Code / Title 56 / Chapter 744 / Section 744.083
744.083 Trust account for premium funds
Status: in_force

(1) All premium funds received by a resident insurance producer shall be accounted for and maintained in a trust account separate from all other business and personal funds.

(2) Except as provided in subsection (3) of this section, a resident insurance producer may not commingle or otherwise combine premiums with any other moneys.

(3) A resident insurance producer may commingle with premium funds in the trust account required by subsection (1) of this section any additional funds the insurance producer deems prudent for the purpose of advancing premiums, establishing reserves for the paying of return premiums, or for any contingencies that may arise in the course of receiving and transmitting premium or return premium funds.

(4) This section does not apply to:

(a) Any financial institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , or any entity licensed under ORS chapter 725 or 726.

(b) Any class of insurance producers that the Director of the Department of Consumer and Business Services designates by rule. The director may exempt a class of insurance producer from this section if the director determines that the requirements of this section are unduly burdensome to the insurance producers in relation to the public good served. [Formerly 744.225; 2003 c.364 §22]

Source: Section 744.083 — Trust account for premium funds; commingling; exceptions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 746.608 — OR Code / Title 56 / Chapter 746 / Section 746.608
746.608 Rules
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall adopt rules implementing ORS 746.607 (Use and disclosure of personal information) . In adopting rules under this section, the director shall consider the information privacy provisions of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and the federal Gramm-Leach-Bliley Act (P.L. 106-102).

(2) The rules adopted under subsection (1) of this section shall include but are not limited to:

(a) Permitted uses and disclosures of:

(A) Personal financial information for business, professional or insurance purposes; and

(B) Protected health information for treatment, payment and health care operations.

(b) Requirements for notice of privacy practices for protected health information and notice of information practices for personal financial information. [2003 c.87 §4]

Source: Section 746.608 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 746.045 — OR Code / Title 56 / Chapter 746 / Section 746.045
746.045 Prohibition on rebates
Status: in_force

(1) A person may not personally or otherwise offer, promise, allow, give, set off, pay or receive, directly or indirectly, any rebate of or rebate of part of the premium payable on an insurance policy or the insurance producer’s commission on an insurance policy, or earnings, profit, dividends or other benefit founded, arising, accruing or to accrue on or from the policy, or any other valuable consideration or inducement to or for insurance on any domestic risk, which is not specified in the policy.

(2) A premium discount or rebate is not prohibited by this section if the discount or rebate is:

(a) Offered in connection with a program of health promotion or disease prevention, as described in 42 U.S.C. 300gg-4;

(b) Paid for participation in a program to promote healthy behaviors under ORS 743.824 (Cash dividends for healthy behaviors) ; or

(c) Offered in connection with a wellness program defined by the Department of Consumer and Business Services by rule.

(3) This section does not prohibit giving, as a form of advertising, as a promotional program or as promotional material, a prize, goods, wares, merchandise, articles or property with an aggregate value of not more than $100 in a calendar year to a person other than a person to whom an insurer issues health insurance, as defined in ORS 731.162 (“Health insurance.”) , or a health benefit plan, as defined in ORS 743B.005 (Definitions) . [1967 c.359 §571; 2003 c.364 §135; 2013 c.681 §35a; 2017 c.327 §1]

Source: Section 746.045 — Prohibition on rebates; exceptions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 731.410 — OR Code / Title 56 / Chapter 731 / Section 731.410
731.410 Continuance, expiration or reinstatement of certificate of authority
Status: in_force

(1) A certificate of authority shall continue in force as long as the insurer is entitled thereto under the Insurance Code and until suspended or revoked by the Director of the Department of Consumer and Business Services, or terminated at the request of the insurer; subject, however, to continuance of the certificate by the insurer each year by:

(a) Payment prior to April 1 of the continuation fee established by the director;

(b) Due filing by the insurer of its annual statement for the calendar year preceding;

(c) Due filing by the insurer of each annual statement supplement; and

(d) Payment by the insurer of premium taxes with respect to the preceding calendar year as required by ORS 731.808 (“Gross amount of premiums” defined) to 731.834 (Insurance producer’s collection of taxes on wet marine and transportation insurance) .

(2) A certificate of authority that is not continued by the insurer under subsection (1) of this section expires on the 60th day after the date on which the payment or filing is due.

(3) The director promptly shall notify the insurer of impending expiration of its certificate of authority.

(4) The director, in the discretion of the director, upon the insurer’s request made not later than the 90th day after expiration, may reinstate a certificate of authority which the insurer has permitted to expire, after the insurer has cured all its failures which resulted in the expiration and has paid the fee for reinstatement established by the director. Otherwise the insurer shall be granted another certificate of authority only after filing application therefor and meeting all other requirements as for an original certificate of authority in this state. [1967 c.359 §87; 1989 c.413 §3; 1995 c.639 §1]

Source: Section 731.410 — Continuance, expiration or reinstatement of certificate of authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 750.323 — OR Code / Title 56 / Chapter 750 / Section 750.323
750.323 Notice of coverage under plan
Status: in_force

(1) A trust shall provide notice of the following in writing to each individual applying to be covered by a multiple employer welfare arrangement:

(a) The fact that the multiple employer welfare arrangement is subject to less stringent solvency protection and regulation than are insurers holding certificates of authority.

(b) The fact that in the event the trust does not pay medical expenses that are eligible for payment under the multiple employer welfare arrangement, the individuals covered through the multiple employer welfare arrangement may be liable for those expenses.

(2) Each evidence of health benefits provided through a multiple employer welfare arrangement must state that the coverage is obtained through a multiple employer welfare arrangement and that the coverage is not subject to the provisions of ORS 734.750 (Short title) to 734.890 (Association not to be used in sales or solicitation) relating to the Oregon Life and Health Insurance Guaranty Association, and that if the multiple employer welfare arrangement or the trust issuing the coverage becomes insolvent, the Oregon Life and Health Insurance Guaranty Association has no obligation to pay claims under the coverage.

(3) The notice required under subsection (1) of this section and the statement required under subsection (2) of this section are subject to prior review and approval by the Director of the Department of Consumer and Business Services. [1993 c.615 §14]

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

Source: Section 750.323 — Notice of coverage under plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 735.418 — OR Code / Title 56 / Chapter 735 / Section 735.418
735.418 Director authorized to enter into interstate compact for premium tax allocation
Status: in_force

For purposes of carrying out the Nonadmitted and Reinsurance Reform Act of 2010 (P.L. 111-203, Title V, Subtitle B), after receiving express legislative approval, the Director of the Department of Consumer and Business Services is authorized to enter into a compact or to otherwise establish procedures with other states to allocate among the states the premium taxes paid to an insured’s home state. [2011 c.660 §4]

Source: Section 735.418 — Director authorized to enter into interstate compact for premium tax allocation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743b.341 — OR Code / Title 56 / Chapter 743b / Section 743b.341
743B.341 Continuation of benefits after termination of group health insurance policy
Status: in_force

(1) Every group health insurance policy that provides coverage for hospital or medical services or expenses shall provide that the insurer shall continue its obligation for benefits under the policy for any person insured under the policy who is hospitalized on the date of termination if the policy is terminated and immediately replaced by a group health insurance policy issued by another insurer. Any payment required under this section is subject to all terms, limitations and conditions of the policy except those relating to termination of benefits. Any obligation by an insurer under this section continues until the hospital confinement ends or hospital benefits under the policy are exhausted, whichever is earlier.

(2) The Director of the Department of Consumer and Business Services may adopt rules providing for uninterrupted coverage for individuals insured under a group health insurance policy providing coverage for hospital or medical expenses, when such a policy is replaced by a policy of similar benefits, whether issued by the same insurer or another. [Formerly 743.529]

Source: Section 743B.341 — Continuation of benefits after termination of group health insurance policy; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743.788 — OR Code / Title 56 / Chapter 743 / Section 743.788
743.788 Prescription drug identification card
Status: in_force

(1) A carrier that provides coverage for prescription drugs provided on an outpatient basis and issues a card or other technology for claims processing, or an administrator of a health benefit plan including, but not limited to, a third party administrator for a self-insured plan, a pharmacy benefits manager and an administrator of a state administered plan, shall issue to an enrollee a prescription drug identification card or other technology that contains all information required for proper claims adjudication.

(2) Upon renewal of a health benefit plan, a carrier or administrator shall issue a prescription drug identification card or other technology containing all current information required for proper claims adjudication.

(3) A carrier or administrator of a health benefit plan is not required to issue a prescription drug identification card or other technology separate from another identification card or technology issued to an enrollee under the health benefit plan if the identification card or technology contains all of the information required for proper claims adjudication. [2001 c.549 §3]

Source: Section 743.788 — Prescription drug identification card , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 741.900 — OR Code / Title 56 / Chapter 741 / Section 741.900
741.900 Civil penalties
Status: in_force

(1) The Director of the Oregon Health Authority, in accordance with ORS 183.745 (Civil penalty procedures) , may impose a civil penalty for a violation of ORS 741.390 (False or misleading filings prohibited) of no more than $10,000.

(2) All penalties recovered under this section shall be deposited in the Health Insurance Exchange Fund. [2011 c.415 §25; 2015 c.3 §34; 2021 c.569 §36]

Source: Section 741.900 — Civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors741.­html (accessed May 26, 2025).
ORS § 750.555 — OR Code / Title 56 / Chapter 750 / Section 750.555
750.555 Issuance of certificate of registration
Status: in_force

(1) If the Director of the Department of Consumer and Business Services determines that an applicant has satisfied all requirements of ORS 750.535 (Registration requirements) and 750.545 (Application) , the director shall issue the certificate of registration to the applicant.

(2) If the director denies a registration application, the director shall so inform the applicant, stating the grounds for the denial. [1989 c.331 §7]

Source: Section 750.555 — Issuance of certificate of registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 743.417 — OR Code / Title 56 / Chapter 743 / Section 743.417
743.417 Grace period for subsequent premium payments
Status: in_force

(1) A policy of health insurance issued to an individual residing in this state shall specify a minimum grace period following the premium due date for the payment of each premium falling due after the first premium, during which grace period the policy shall continue in force. Unless a longer grace period is provided by federal law, the grace period must be at least:

(a) Ten days for a policy other than an individual health benefit plan; and

(b) Thirty days for an individual health benefit plan.

(2) A policy that contains a cancellation provision may add at the end of the provision described in subsection (1) of this section the following clause or an equivalent clause approved by the Department of Consumer and Business Services: “subject to the right of the insurer to cancel in accordance with the cancellation provision hereof.”

(3) A policy in which the insurer reserves the right to refuse renewal shall have the following clause, or an equivalent clause approved by the department, at the beginning of the provision described in subsection (1) of this section: “Unless not less than 30 days prior to the premium due date the insurer has delivered to the insured or has mailed to the last address of the insured as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted. The insurer shall state in the notice the reason for its refusal to renew this policy.”

(4) Subsections (2) and (3) of this section may not be construed to permit the cancellation of or refusal to renew a policy if the cancellation or refusal to renew is otherwise prohibited by the Insurance Code or rules adopted by the department to carry out the provisions of the Insurance Code. [1967 c.359 §431; 1989 c.784 §19; 2001 c.943 §9; 2013 c.681 §13; 2021 c.205 §5]

Source: Section 743.417 — Grace period for subsequent premium payments; cancellation and nonrenewal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 732.552 — OR Code / Title 56 / Chapter 732 / Section 732.552
732.552 Registration statement
Status: in_force

(1) Every insurer that is subject to the registration requirements of ORS 732.551 (Registration of insurer members of holding company systems) shall file a registration statement on a form prescribed by the Director of the Department of Consumer and Business Services. The director shall consider and may prescribe as the registration statement form for this section the form that the National Association of Insurance Commissioners prescribes. The registration statement must list, describe, summarize or include, as appropriate and as the director specifies by rule:

(a) The capital structure, general financial condition, ownership and management of the insurer and any person that controls the insurer.

(b) The identity and relationship of every member of the insurance holding company system.

(c) The following agreements in force and transactions currently outstanding or that have occurred during the last calendar year between the insurer and the insurer’s affiliates:

(A) Loans, other investments, or purchases, sales or exchanges of securities of the affiliates by the insurer or of the insurer by the insurer’s affiliates;

(B) Purchases, sales or exchanges of assets;

(C) Transactions not in the ordinary course of business;

(D) Guarantees or undertakings for the benefit of an affiliate that result in an actual contingent exposure of the insurer’s assets to liability, other than insurance contracts the insurer enters into in the ordinary course of the insurer’s business;

(E) All management agreements, service contracts and all cost-sharing arrangements;

(F) Reinsurance agreements;

(G) Dividends and other distributions to shareholders; and

(H) Consolidated tax allocation agreements.

(d) Any pledge of the insurer’s stock, including stock of any subsidiary or controlling affiliate, for a loan made to any member of the insurance holding company system.

(e) Intentionally left blank —Ed.

(A) Financial statements of or within an insurance holding company system, including financial statements of affiliates, if the director requests the financial statements.

(B) Financial statements that are subject to this paragraph include, but are not limited to, annual audited financial statements that the insurer or the insurance holding company system files with the United States Securities and Exchange Commission under the Securities Act of 1933 or the Securities Exchange Act of 1934.

(C) An insurer that must file financial statements under this paragraph may satisfy the requirement by providing the director with the parent corporation financial statements that have been filed most recently with the United States Securities and Exchange Commission.

(f) Other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms prescribed by the director.

(g) Affidavits that state that:

(A) The insurer’s board of directors is responsible for and oversees corporate governance and internal controls; and

(B) The insurer’s officers or senior management have approved and implemented, and continue to maintain and monitor, corporate governance and internal control procedures.

(h) Any other information the director requires by rule.

(2) Each registration statement filed under this section must have a summary that outlines all items in the current registration statement that have changed from the prior registration statement. [Formerly 732.625; 2013 c.370 §23]

Source: Section 732.552 — Registration statement; form; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 732.683 — OR Code / Title 56 / Chapter 732 / Section 732.683
732.683 Discretion as to form and content of responses to inquiries in corporate governance annual disclosure
Status: in_force

(1) An insurer or insurance group has discretion as to the form and content of the insurer’s or insurance group’s responses to inquiries in a corporate governance annual disclosure so long as the responses provide information the Director of the Department of Consumer and Business Services requires to understand the insurer’s or insurance group’s corporate governance structure, policies and practices. The director may request additional information the director deems material and necessary to enable a clear understanding of the corporate governance policies and the reporting, information systems or controls that implement the policies.

(2) Notwithstanding the discretion permitted to an insurer or insurance group under subsection (1) of this section, the insurer or insurance group shall prepare the corporate governance annual disclosure in a manner consistent with rules the director adopts under ORS 732.680 (Submission of corporate governance annual disclosure) . The insurer or insurance group shall maintain documentation and supporting information for the corporate governance annual disclosure and make the documentation and supporting information available during an examination of the insurer or insurance group or otherwise at the director’s request. [2017 c.479 §6]

Note: See note under 732.650 (Definitions) .

Source: Section 732.683 — Discretion as to form and content of responses to inquiries in corporate governance annual disclosure; documentation and supporting information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 746.220 — OR Code / Title 56 / Chapter 746 / Section 746.220
746.220 Debtor’s option in furnishing credit life or credit health insurance
Status: in_force

When credit life insurance or credit health insurance, as defined in ORS 743.371 (Definitions for credit life and credit health insurance provisions) , is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by the debtor or of procuring and furnishing the required coverage through any authorized insurer. [Formerly 739.615]

Source: Section 746.220 — Debtor’s option in furnishing credit life or credit health insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 746.465 — OR Code / Title 56 / Chapter 746 / Section 746.465
746.465 Records required of premium finance companies
Status: in_force

(1) Every premium finance company shall maintain records of its premium finance transactions and the records shall be open to examination and investigation by the Director of the Department of Consumer and Business Services. The director may at any time require the company to bring such records as the director may direct to the director’s office for examination.

(2) Every premium finance company shall preserve its records of such premium finance transactions, including cards used in a card system, for at least three years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic form shall constitute compliance with this requirement. [1969 c.639 §8]

Source: Section 746.465 — Records required of premium finance companies; form; inspection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 750.515 — OR Code / Title 56 / Chapter 750 / Section 750.515
750.515 Certificate of registration required
Status: in_force

A person shall not transact business as a legal expense organization or otherwise offer, provide, market or do business on behalf of a plan unless the person holds a valid certificate of registration as a legal expense organization. [1989 c.331 §3]

Source: Section 750.515 — Certificate of registration required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 744.076 — OR Code / Title 56 / Chapter 744 / Section 744.076
744.076 Payment of commission, service fee or brokerage
Status: in_force

(1) An insurer or insurance producer may not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed as an insurance producer and is not so licensed.

(2) A person shall not accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting or negotiating insurance in this state if that person is required to be licensed as an insurance producer and is not so licensed.

(3) Renewal or other deferred commissions may be paid to a person for selling, soliciting or negotiating insurance in this state if the person was required to be licensed as an insurance producer at the time of the sale, solicitation or negotiation and was then so licensed.

(4) An insurer or insurance producer may pay or assign commissions, service fees, brokerages or other valuable consideration to an insurance agency or to persons who do not sell, solicit or negotiate insurance in this state, except when the payment or assignment would violate ORS 746.045 (Prohibition on rebates) or 746.055 (Title insurance commissions, rebates and discounts) . [2001 c.191 §15; 2003 c.364 §16]

Source: Section 744.076 — Payment of commission, service fee or brokerage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 742.447 — OR Code / Title 56 / Chapter 742 / Section 742.447
742.447 Proof of insurance
Status: in_force

(1) Every insurer that issues motor vehicle insurance that is designed to meet either the financial or future responsibility requirements of ORS chapter 806 shall issue with the policy proof of insurance that shows the effective date and the expiration date of the insurance.

(2) An insurer may provide proof of insurance under this section by issuing a card or, if the insured agrees, through electronic means.

(3) Nothing in this section requires an insurer to provide proof of insurance at any time other than when the policy is issued or renewed. [1993 c.746 §1; 2013 c.108 §1]

Note: 742.447 (Proof of insurance) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 742 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 742.447 — Proof of insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 735.544 — OR Code / Title 56 / Chapter 735 / Section 735.544
735.544 Pharmacy claims audits
Status: in_force

An entity’s finding that a claim was incorrectly presented or paid must be based on identified transactions and not based on probability sampling, extrapolation or other means that project an error using the number of patients served who have a similar diagnosis or the number of similar prescriptions or refills for similar drugs. [2013 c.570 §6]

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

Source: Section 735.544 — Pharmacy claims audits; standards for review of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743b.345 — OR Code / Title 56 / Chapter 743b / Section 743b.345
743B.345 Premium for continuation of coverage under ORS 743B.344
Status: in_force

If a legally separated, divorced or surviving spouse elects continuation of coverage under ORS 743B.344 (Procedure for obtaining continuation of coverage under ORS 743B.343) (1) to (6):

(1) The monthly premium for the continuation shall not be greater than the amount that would be charged if the legally separated, divorced or surviving spouse were a current certificate holder of the group plan plus the amount that the group policyholder would contribute toward the premium if the legally separated, divorced or surviving spouse were a certificate holder of the group plan, plus an additional amount not to exceed two percent of the certificate holder and group plan holder contributions, for the costs of administration.

(2) The first premium shall be paid by the legally separated, divorced or surviving spouse within 45 days of the date of the election.

(3) The right to continuation of coverage shall terminate upon the earliest of any of the following:

(a) The failure to pay premiums when due, including any grace period allowed by the policy;

(b) The date that the group policy is terminated as to all group members except that if a different group policy is made available to group members, the legally separated, divorced or surviving spouse shall be eligible for continuation of coverage as if the original policy had not been terminated;

(c) The date on which the legally separated, divorced or surviving spouse becomes insured under any other group health plan;

(d) The date on which the legally separated or divorced spouse remarries; or

(e) The date on which the legally separated, divorced or surviving spouse becomes eligible for federal Medicare coverage. [Formerly 743.602]

Source: Section 743B.345 — Premium for continuation of coverage under ORS 743B.344; termination of right to continuation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743b.456 — OR Code / Title 56 / Chapter 743b / Section 743b.456
743B.456 Limits on use of electronic payment methods for reimbursement of dental claims
Status: in_force

(1) As used in this section, “dental insurer” means an insurer that offers a policy or certificate of insurance or other contract, that provides only a dental benefit.

(2) A dental insurer may pay a claim for reimbursement made by a dental care provider 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 dental insurer notifies the provider, in advance, of the potential fees or other charges associated with the use of the credit card or electronic funds transfer payment method;

(b) The dental 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 credit card or electronic funds transfer payment method.

(3) If a dental insurer contracts with a vendor to process payments of dental providers’ claims, the dental insurer shall require the vendor to comply with the provisions of subsection (2)(a) of this section. [2023 c.425 §2]

Note: 743B.456 (Limits on use of electronic payment methods for reimbursement of dental claims) 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.456 — Limits on use of electronic payment methods for reimbursement of dental claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 746.475 — OR Code / Title 56 / Chapter 746 / Section 746.475
746.475 Premium finance agreements
Status: in_force

(1) A premium finance agreement shall:

(a) Be dated, signed by the insured or by any person authorized in writing to act in behalf of the insured, and the printed portion thereof shall be in at least eight-point type;

(b) Contain the name and place of business of the insurance producer negotiating the related insurance policy, the name and residence or the place of business of the insured as specified by the insured, the name and place of business of the premium finance company to which payments are to be made, a description of the insurance policies involved and the amount of the premium therefor; and

(c) Set forth the following items where applicable:

(A) The total amount of the premiums.

(B) The amount of the down payment.

(C) The principal balance (the difference between items (A) and (B)).

(D) The amount of the service charge.

(E) The balance payable by the insured (sum of items (C) and (D)).

(F) The number of payments required, the amount of each payment expressed in dollars, and the due date or period thereof.

(2) The items set out in subsection (1)(c) of this section need not be stated in the sequence or order in which they appear in such paragraph, and additional items may be included to explain the computations made in determining the amount to be paid by the insured.

(3) The premium finance company or the insurance producer shall deliver to the insured, or mail to the insured at the address shown in the agreement, a complete copy of the agreement.

(4) A premium finance company shall give notice of its financing to the insurer not later than the 30th day after the date the premium financing agreement is received by the premium finance company. A notice given under this subsection shall be effective whether or not the insured’s policy number is set forth in the notice. [1969 c.639 §9; 1971 c.231 §38; 1983 c.239 §3; 2003 c.364 §148]

Source: Section 746.475 — Premium finance agreements; contents; form; delivery; notice to insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 744.062 — OR Code / Title 56 / Chapter 744 / Section 744.062
744.062 Issuance of insurance producer license
Status: in_force

(1) Unless the Director of the Department of Consumer and Business Services refuses to issue or renew a license pursuant to ORS 744.074 (Authority of director to place licensee on probation or to suspend, revoke or refuse to issue or renew license) , a person who has met the requirements of ORS 744.058 (Written examination) and 744.059 (Qualifications for license) , or ORS 744.063 (Nonresident insurance producer license) , shall be issued an insurance producer license. An insurance producer may receive qualification for a license in one or more of the following classes of insurance:

(a) Life insurance as defined in ORS 731.170 (“Life insurance”) .

(b) Health insurance as defined in ORS 731.162 (“Health insurance.”) .

(c) Property insurance as defined in ORS 731.182 (“Property insurance.”) .

(d) Casualty insurance as defined in ORS 731.158 (“Casualty insurance.”) .

(e) Variable life insurance, including variable annuities.

(f) Property and casualty insurance coverage sold to individuals and families for primarily noncommercial purposes.

(g) Limited class credit insurance.

(h) Any form of insurance designated by the director as a form of limited class insurance.

(i) Title insurance as defined in ORS 731.190 (“Title insurance.”) . A license for the class of title insurance may be issued only to a resident insurance producer.

(j) Any other class of insurance permitted under the Insurance Code or rules adopted thereunder.

(2) For assistance in performance of the director’s duties, the director may participate with the National Association of Insurance Commissioners, or any affiliate or subsidiary that the National Association of Insurance Commissioners oversees, in a centralized producer licensing registry in which insurance producer licenses and appointments are centrally or simultaneously effected for all states that require an insurance producer license. The director may adopt by rule any uniform standards and procedures as are necessary to participate in the registry, including the centralized collection of fees for licenses or appointments that are processed through the registry.

(3) An insurance producer may apply to amend a license for the purpose of adding or deleting a class of insurance on the license in the manner prescribed for license application in ORS 744.059 (Qualifications for license) or 744.063 (Nonresident insurance producer license) , or as otherwise prescribed by the director. [2001 c.191 §8; 2003 c.364 §8]

Source: Section 744.062 — Issuance of insurance producer license; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 732.549 — OR Code / Title 56 / Chapter 732 / Section 732.549
732.549 Subsidiaries
Status: in_force

(1) A domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries engaged only in one or more of the kinds of business described in ORS 733.635 (Approved activities of corporations in which investments authorized) .

(2) If an insurer ceases to control a subsidiary, the insurer must dispose of any investment in the subsidiary made pursuant to this section within three years after the time of the cessation of control or within such further time as the Director of the Department of Consumer and Business Services may prescribe, unless at any time after the investment was made, the investment meets the requirements for investment under any other provision of the Insurance Code and the insurer has notified the director of that fact. [1993 c.447 §24]

Source: Section 732.549 — Subsidiaries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 732.529 — OR Code / Title 56 / Chapter 732 / Section 732.529
732.529 Procedures following approval by director of proposed activity
Status: in_force

(1) Following approval of a proposed activity by the Director of the Department of Consumer and Business Services or pursuant to a court order or judgment, the proposed activity shall be submitted for approval to the members of a domestic mutual insurer, the subscribers of a domestic reciprocal insurer or the shareholders of a domestic stock insurer.

(2) A notice of the meeting at which the proposed activity will be submitted for approval shall set forth the time, place and purpose of the meeting. The notice, the procedure to be followed at the meeting, quorum requirements and voting at the meeting shall be governed by the provisions in the Insurance Code and the articles of incorporation and bylaws of the insurer applicable to annual or special meetings of members, subscribers or shareholders. The notice of the meeting must contain or be accompanied by a copy or summary of the statement filed under ORS 732.523 (Procedure for acquiring controlling interest of capital stock) .

(3) Intentionally left blank —Ed.

(a) Unless the articles of incorporation require a greater number of affirmative votes, the proposed activity is approved:

(A) By the subscribers of a domestic reciprocal insurer or the shareholders of a domestic stock insurer entitled to vote at a meeting duly called and held if the votes cast in favor of the proposed activity exceed the votes cast opposing the proposed activity; or

(B) By the members of a domestic mutual insurer entitled to vote at a meeting duly called and held if the proposed activity is approved by two-thirds or more of the members voting on the proposed activity.

(b) If provided in the statement filed under ORS 732.523 (Procedure for acquiring controlling interest of capital stock) and approved by the director, voting on the proposed activity by the members of a domestic mutual insurer may be limited to eligible members determined in accordance with ORS 732.531 (Acquisition of assets or insurance of mutual or reciprocal insurers) (2), and voting on the proposed activity by the subscribers of a domestic reciprocal insurer may be limited to eligible subscribers determined in accordance with ORS 732.531 (Acquisition of assets or insurance of mutual or reciprocal insurers) (2).

(c) The board of directors of a domestic mutual insurer may condition its submission of the proposed activity to the members on any legal basis.

(4) If the proposed activity is approved by the members, subscribers or shareholders in accordance with this section and the activity is consummated, the activity shall bind all members of a domestic mutual insurer, all subscribers of a domestic reciprocal insurer and all shareholders of a domestic stock insurer.

(5) Dissenters’ rights provided in ORS 60.551 (Definitions for ORS 60.551 to 60.594) to 60.594 (Court costs and counsel fees) are not available to any member of a domestic mutual insurer or any subscriber of a domestic reciprocal insurer with respect to an activity that is subject to the approval of the director.

(6) An insurer, other than a domestic insurer, or another corporation that is a party to a proposed activity described in a statement filed under ORS 732.523 (Procedure for acquiring controlling interest of capital stock) is subject to the laws of its domiciliary jurisdiction governing approval of its members, subscribers or shareholders. [1997 c.771 §22; 2001 c.352 §1; 2003 c.576 §554]

Source: Section 732.529 — Procedures following approval by director of proposed activity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 731.302 — OR Code / Title 56 / Chapter 731 / Section 731.302
731.302 Appointment of examiners
Status: in_force

(1) When the Director of the Department of Consumer and Business Services determines that an examination should be conducted, the director shall appoint one or more examiners to perform the examination and instruct them as to the scope of the examination. In conducting the examination, each examiner shall consider the guidelines and procedures in the examiner handbook, or its successor publication, adopted by the National Association of Insurance Commissioners. The director may prescribe the examiner handbook or its successor publication and employ other guidelines and procedures that the director determines to be appropriate.

(2) When making an examination, the director may retain appraisers, independent actuaries, independent certified public accountants or other professionals and specialists as needed. The cost of retaining such professionals and specialists shall be borne by the person that is the subject of the examination.

(3) At any time during the course of an examination, the director may take other action pursuant to the Insurance Code.

(4) Facts determined and conclusions made pursuant to an examination shall be presumptive evidence of the relevant facts and conclusions in any judicial or administrative action. [1993 c.447 §2]

Source: Section 731.302 — Appointment of examiners; retaining of appraisers, actuaries and others; evidentiary status of facts and conclusions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743.375 — OR Code / Title 56 / Chapter 743 / Section 743.375
743.375 Limit on amount of credit health insurance
Status: in_force

The total amount of periodic indemnity payable by credit health insurance in the event of disability, as defined in the policy, shall not exceed the aggregate of the periodic scheduled unpaid installments of the indebtedness; and the amount of each periodic indemnity payment shall not exceed the original indebtedness divided by the number of periodic installments. [Formerly 741.425 and then 743.573]

Source: Section 743.375 — Limit on amount of credit health insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 734.579 — OR Code / Title 56 / Chapter 734 / Section 734.579
734.579 Recoupment assessments
Status: in_force

(1) Each member insurer subject to an Oregon Insurance Guaranty Association assessment pursuant to ORS 734.570 (Required functions of association) (3) shall recoup the amount of the assessment through a recoupment assessment imposed on net direct written premiums. The member insurer shall fix the amount of the recoupment assessment at an amount sufficient to reimburse the member insurer for the amount of Oregon Insurance Guaranty Association assessments paid by the member insurer.

(2) Each member insurer shall annually certify to the Director of the Department of Consumer and Business Services the total amount of recoupment assessments assessed for the year and that the amount assessed does not exceed the amount of Oregon Insurance Guaranty Association assessments imposed and not previously recouped or offset against corporate excise taxes or fire insurance gross premiums taxes.

(3) The director may by rule establish a minimum threshold for which a recoupment assessment under subsection (1) of this section need not be made.

(4) The Department of Consumer and Business Services, pursuant to rules adopted by the director, may audit member insurer determinations of recoupment assessments.

(5) Recoupment assessments shall be separately stated on premium billing statements. Recoupment assessments may not be considered gross premiums for any purpose. [2003 c.568 §2]

Source: Section 734.579 — Recoupment assessments; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 742.568 — OR Code / Title 56 / Chapter 742 / Section 742.568
742.568 Proof of cancellation, replacement or nonrenewal notice
Status: in_force

Proof of mailing notice of cancellation, notice of replacement, notice of intention not to renew or notice of reasons for cancellation, to the named insured at the address shown in the policy, is sufficient proof of notice. [Formerly 743.920; 2017 c.250 §2]

Source: Section 742.568 — Proof of cancellation, replacement or nonrenewal notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 741.381 — OR Code / Title 56 / Chapter 741 / Section 741.381
741.381 Application of antitrust laws
Status: in_force

The activities of insurers working under the direction of the Oregon Health Authority and the Department of Consumer and Business Services pursuant to ORS 413.011 (Duties of board) (1)(j) or participating in the health insurance exchange administered under ORS 741.002 (Duties, powers and functions of Oregon Health Authority) do not constitute a conspiracy or restraint of trade or an illegal monopoly, nor are they carried out for the purposes of lessening competition or fixing prices arbitrarily. [Formerly 413.075; 2012 c.38 §19; 2015 c.3 §26]

Source: Section 741.381 — Application of antitrust laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors741.­html (accessed May 26, 2025).
ORS § 744.525 — OR Code / Title 56 / Chapter 744 / Section 744.525
744.525 Resident adjuster qualifications
Status: in_force

(1) An individual who applies for a license to engage in business as a resident adjuster must:

(a) Establish a residence or place of business in which the applicant intends to transact insurance in this state before submitting an application;

(b) Pass an examination that the Director of the Department of Consumer and Business Services by rule recognizes as adequately testing the applicant’s qualifications, competence and knowledge of the categories of insurance business and classes of insurance that the applicant intends to transact under a license and the applicant’s knowledge of an adjuster’s duties and responsibilities under the Insurance Code and other laws of this state;

(c) Be trustworthy and reliable and have a good reputation, evidence of which the director will evaluate; and

(d) Be 18 years of age or older at the time the applicant becomes a licensee.

(2) A business entity that applies for a license to engage in business as a resident adjuster must:

(a) Establish an office in this state that employs a licensee; and

(b) Employ or act under the direction of owners or officers who are trustworthy and reliable and have good reputations, evidence of which the director will evaluate.

(3) In addition to the requirements set forth in subsection (1) or (2) of this section, as appropriate, an applicant must satisfy any other requirement the director specifies by rule.

(4) The director may agree or contract with another jurisdiction, regulatory body, private vendor or other person to administer any required examinations and to collect fingerprints, documentation and any fees that an applicant or licensee submits under ORS 744.518 (License application) or 744.521 (Powers of director to issue, renew, amend, suspend and reinstate licenses) and that the director by rule specifies that the jurisdiction, regulatory body, vendor or person may collect. [1967 c.359 §561; 1971 c.231 §34; 1973 c.827 §81; 1983 c.76 §12; 1989 c.701 §45; 2019 c.151 §26]

Source: Section 744.525 — Resident adjuster qualifications; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 742.008 — OR Code / Title 56 / Chapter 742 / Section 742.008
742.008 Health savings account exemption from prohibition on deductible
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) “Health savings account” means an account established under section 223 of the Internal Revenue Code.

(2) This section applies to a health benefit plan that is:

(a) Offered by a carrier as a plan that qualifies for a health savings account distribution; and

(b) Subject to a provision of the Insurance Code that prohibits a health benefit plan from applying a deductible to a specified health care service that is reimbursed by the health benefit plan.

(3) The Department of Consumer and Business Services may approve a filing under ORS 742.003 (Filing and approval of policy forms) for a health benefit plan described in subsection (2) of this section if:

(a) The health benefit plan would be approved but for the failure of the plan to comply with the provision described in subsection (2)(b) of this section;

(b) A deductible must be applied to the specified health care service for the plan to qualify for a distribution from a health savings account; and

(c) The health benefit plan complies with all other applicable provisions of the Insurance Code. [2018 c.43 §3]

Note: 742.008 (Health savings account exemption from prohibition on deductible) 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 742.008 — Health savings account exemption from prohibition on deductible , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 742.220 — OR Code / Title 56 / Chapter 742 / Section 742.220
742.220 Added provisions
Status: in_force

A fire insurance policy shall contain a provision as follows: “The extent of the application of insurance under this policy and of the contribution to be made by this company in case of loss, and any other provision or agreement not inconsistent with the provisions of this policy, may be provided for in writing added hereto, but no provision may be waived except such as by the terms of this policy is subject to change.” [Formerly 743.630]

Source: Section 742.220 — Added provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 735.005 — OR Code / Title 56 / Chapter 735 / Section 735.005
735.005 Definitions for ORS 735.005 to 735.145
Status: in_force

As used in ORS 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties) , unless the context requires otherwise:

(1) “Association” means the Oregon FAIR Plan Association created by ORS 735.045 (Oregon FAIR Plan Association) .

(2) “Board” means the board of directors of the association.

(3) “Essential property insurance” means insurance against direct loss to property as defined and limited in standard fire policies and extended coverage indorsements thereon, as approved by the Director of the Department of Consumer and Business Services, and insurance against the perils of vandalism and malicious mischief. “Essential property insurance” does not include automobile insurance or insurance on such types of manufacturing risks as may be excluded by the director.

(4) “Inspection bureau” means the person or persons designated by the association with the approval of the director to make inspections as required under ORS 731.418 (Grounds for suspension or revocation of certificate of authority) , 733.010 (Assets allowed) and 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties) and to perform such other duties as may be authorized by the association.

(5) “Service insurer” means any insurer designated as such by the board.

(6) “Member insurer” means an insurer authorized to transact insurance in this state that writes any kind of essential property insurance.

(7) “Net direct written premiums” means direct gross premiums written in this state on insurance policies to which ORS 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties) apply, less return premiums thereon and dividends paid or credited to policyholders on such direct business. “Net direct written premiums” does not include premiums on contracts between insurers or reinsurers.

(8) “Plan” means the plan of operation of the association established pursuant to ORS 735.085 (Plan of operation) . [1971 c.321 §5; 1979 c.818 §2]

Source: Section 735.005 — Definitions for ORS 735.005 to 735.145 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 742.162 — OR Code / Title 56 / Chapter 742 / Section 742.162
742.162 Transfer and novation of policy effected by director
Status: in_force

(1) A transfer and novation effected as provided in this section is not an assumption reinsurance agreement to which ORS 742.150 (Approval by director) applies.

(2) The Director of the Department of Consumer and Business Services may effect a transfer and novation of the policies issued by a domestic insurer if the director determines that the insurer is in hazardous financial condition according to standards established under ORS 731.385 (Standards for determining whether continued operation of insurer is hazardous) , if a rehabilitation or liquidation proceeding has been instituted against the insurer or if an administrative supervision proceeding has been instituted against the insurer, and if the director determines that the transfer of the policies is in the best interest of the policyholders. The director may give notice of such a transfer to policyholders that the director determines to be adequate under the circumstances.

(3) The director may accept a transfer and novation of policies issued by a foreign insurer that insure residents of this state when the transfer and novation are effected by the insurance regulatory official of the domiciliary state of the foreign insurer if the director determines that the domiciliary state has a substantially similar law and if the official has determined that the transfer of the policies is in the best interest of the policyholders and:

(a) The official has determined that the insurer is in hazardous financial condition;

(b) A rehabilitation or liquidation proceeding has been instituted against the insurer; or

(c) An administrative proceeding has been instituted against the insurer for the purpose of supervising, reorganizing or conserving the insurer. [1995 c.30 §8]

Source: Section 742.162 — Transfer and novation of policy effected by director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 746.130 — OR Code / Title 56 / Chapter 746 / Section 746.130
746.130 Insurance connected to sale or rental of property
Status: in_force

(1) No insurer shall participate in any plan to offer or effect in this state, as an inducement to the purchase or rental by the public of any property or services, any insurance for which there is no separate charge to the insured. No person shall arrange the sale of any such insurance.

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

(a) Home protection insurance or other insurance offered as a guarantee of the performance of property and designed to protect the purchasers or users of such property;

(b) Title insurance; or

(c) Credit life or credit health insurance as defined in ORS 743.371 (Definitions for credit life and credit health insurance provisions) .

(3) The charge for any insurance incidental to the purchase or rental by the public of any property or services shall be in accordance with rates on file with the Director of the Department of Consumer and Business Services. [1967 c.359 §580; 1969 c.336 §16; 1981 c.247 §20; 1993 c.265 §9]

Source: Section 746.130 — Insurance connected to sale or rental of property; prohibition; exceptions; charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 743.495 — OR Code / Title 56 / Chapter 743 / Section 743.495
743.495 Use of terms “noncancelable” or “guaranteed renewable”
Status: in_force

(1) No health insurance policy shall contain the following unqualified terms except as provided in this subsection:

(a) The unqualified terms “noncancelable” or “noncancelable and guaranteed renewable” may be used only in a policy which the insured has the right to continue in force for life by the timely payment of premiums set forth in the policy, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force.

(b) The unqualified term “guaranteed renewable,” except as provided in paragraph (a) of this subsection, may be used only in a policy which the insured has the right to continue in force for life by the timely payment of premiums, during which period the insurer has no right to make unilaterally any change in any provision of the policy while the policy is in force, except that the insurer may make changes in premium rates by classes.

(2) The limitations prescribed in subsection (1) of this section on the use of the term “noncancelable” shall also apply to any synonymous term such as “not cancelable” and such limitations on the use of the term “guaranteed renewable” shall also apply to any synonymous term such as “guaranteed continuable.” [Formerly 741.190]

Source: Section 743.495 — Use of terms “noncancelable” or “guaranteed renewable”; synonymous terms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 742.007 — OR Code / Title 56 / Chapter 742 / Section 742.007
742.007 Director’s withdrawal of approval
Status: in_force

(1) The Director of the Department of Consumer and Business Services may, at any time after a hearing held not less than 20 days after written notice to the insurer, withdraw the director’s approval of any form on any ground set forth in ORS 742.005 (Grounds for disapproval of policy forms) . The written notice of such hearing shall state the reason for the proposed withdrawal.

(2) When the director notifies an insurer of a hearing on a form under subsection (1) of this section, if the director in the director’s own discretion determines that the public may suffer serious injury because of continued use of the form, the director also may order the insurer to suspend delivery of the form in this state until the director has decided whether to withdraw approval of the form.

(3) No insurer shall deliver in this state:

(a) A form subject to an order of suspension under subsection (2) of this section, after the effective date of the order and until the director withdraws the order.

(b) A form for which the director has withdrawn approval, after the effective date of such withdrawal. The effective date of withdrawal shall be as the director may prescribe but not less than 30 days after the giving of notice of withdrawal. [Formerly 743.012]

Source: Section 742.007 — Director’s withdrawal of approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 746.300 — OR Code / Title 56 / Chapter 746 / Section 746.300
746.300 Liability of insurers and motor vehicle repair shops for damages
Status: in_force

An insured whose insurer violates ORS 746.280 (Designation of particular motor vehicle repair shop by insurer prohibited) or 746.290 (Notice of prohibition in policies and by adjusters) , or a customer whose motor vehicle body and frame repair shop violates ORS 746.292 (Motor vehicle repair shops) , may file an action to recover actual damages or $100, whichever is greater, for each violation. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1977 c.785 §7; 1981 c.897 §102; 1995 c.618 §129]

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

Source: Section 746.300 — Liability of insurers and motor vehicle repair shops for damages; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 734.635 — OR Code / Title 56 / Chapter 734 / Section 734.635
734.635 Disbursing assets of insolvent insurer to association
Status: in_force

(1) Not later than 120 days from the date the order of liquidation of a member insurer is filed in the office of the clerk of the court by which the order was made, that insurer’s receiver shall make application to the court for approval of a proposal to disburse the insurer’s marshalled assets to the Oregon Insurance Guaranty Association from time to time as those assets become available.

(2) A proposal made by a receiver under subsection (1) of this section shall include, but not be limited to, provisions for:

(a) Reserving amounts for the payment of those claims described in ORS 734.360 (Preference of claims) ;

(b) Disbursing the marshalled assets of the insolvent insurer to the association in an amount estimated to be at least equal to the claim payments to be made by the association for which the association could assert a claim against the insolvent insurer;

(c) Disbursing the marshalled assets in the amount available when the marshalled assets do not equal the amount of the claim payments to be made by the association for which the association could assert a claim against the insolvent insurer;

(d) Securing an agreement from the association to return to the receiver any assets previously disbursed that may be required to pay the claims of secured creditors and the claims described in ORS 734.360 (Preference of claims) ; and

(e) A complete report by the association to the receiver accounting for all assets disbursed to the association under this section, expenditures made from those assets and any interest earned by the association on those assets.

(3) When an insurer’s receiver intends to make application to a court for approval of a proposal to disburse the insurer’s marshalled assets to the association under this section, the receiver shall give notice of the application, at least 30 days prior to filing the application with the court, to the insurance supervisory official and the insurance guaranty agency that performs functions similar to that of the association of each state in which the insolvent insurer was authorized. [1977 c.793 §2; 2001 c.974 §10]

Source: Section 734.635 — Disbursing assets of insolvent insurer to association; court approval; notice to other states , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743b.300 — OR Code / Title 56 / Chapter 743b / Section 743b.300
743B.300 Disclosure of differences in replacement health insurance policies
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall adopt by rule requirements for disclosure by group and individual health insurers to individual and group health insurance policyholders the difference between coverage under the existing policy and coverage being offered to replace that coverage.

(2) The provisions of this section do not apply to disability income insurance.

(3) The director shall adopt by rule requirements for nonduplication and replacement of major medical, Medicare supplement, long term care and special illness policies for applicants 65 years of age and older. The insurance producer shall offer to compare for any applicants 65 years of age and older the applicant’s existing policy or policies and coverage being offered to replace or supplement the applicant’s existing coverage. [Formerly 743.013]

Source: Section 743B.300 — Disclosure of differences in replacement health insurance policies; nonduplication for persons 65 and older; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 733.165 — OR Code / Title 56 / Chapter 733 / Section 733.165
733.165 Valuation of securities
Status: in_force

(1) Securities held by an insurer, other than bonds or other evidences of debt to which ORS 733.160 (Valuation of assets other than securities) applies, must be valued in the discretion of the Director of the Department of Consumer and Business Services at their market value, at their appraised value or at prices determined by the director as representing their fair market value.

(2) Preferred or guaranteed stocks or shares while paying full dividends may be carried at a fixed value instead of market value, at the discretion of the director and in accordance with any method of valuation approved by the director.

(3) Stock of a subsidiary corporation of an insurer must not be valued at an amount in excess of the net value thereof as based upon the assets only of the subsidiary that would be eligible under ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) for investment of the funds of the insurer directly.

(4) The director may determine the method of calculating values as provided in this section, but the method or valuation may not be inconsistent with any applicable method or valuation used by insurers in general or any such method of valuation then currently formulated or approved by the National Association of Insurance Commissioners or its successor organization. [1993 c.447 §18; 2001 c.318 §17]

Source: Section 733.165 — Valuation of securities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 731.390 — OR Code / Title 56 / Chapter 731 / Section 731.390
731.390 Government insurers not to be authorized
Status: in_force

No certificate of authority may be issued to any state, province or foreign government nor to any instrumentality, political subdivision or agency thereof. [Formerly 736.080]

Source: Section 731.390 — Government insurers not to be authorized , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 732.825 — OR Code / Title 56 / Chapter 732 / Section 732.825
732.825 State member of Interstate Insurance Product Regulation Commission
Status: in_force

The Director of the Department of Consumer and Business Services or a designee of the director shall serve as this state’s member of the Interstate Insurance Product Regulation Commission established under the Interstate Insurance Product Regulation Compact set forth in ORS 732.820 (Interstate Insurance Product Regulation Compact) . [2011 c.520 §3]

Note: See note under 732.820 (Interstate Insurance Product Regulation Compact) .

Source: Section 732.825 — State member of Interstate Insurance Product Regulation Commission , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 742.690 — OR Code / Title 56 / Chapter 742 / Section 742.690
742.690 Limitations on cancellation
Status: in_force

(1) An insurer offering casualty insurance or commercial liability insurance may not cancel or refuse to issue or renew a policy solely on the basis that the policyholder holds a public office.

(2) An insurer offering casualty insurance or commercial liability insurance may not include a provision in the insurance contract limiting coverage under the contract solely on the basis that the policyholder holds a public office. [1997 c.778 §2]

Source: Section 742.690 — Limitations on cancellation; refusal to issue or renew insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 735.642 — OR Code / Title 56 / Chapter 735 / Section 735.642
735.642 License suspension, revocation or failure to renew
Status: in_force

(1) The Director of the Department of Consumer and Business Services by order may suspend, revoke or refuse to renew a license issued under ORS 735.634 (License application) if the director finds in writing that:

(a) Any fact or condition exists that, if the fact or condition had existed at the time the licensee applied for a license to operate as a discount medical plan organization, would have been grounds for the director to deny a license to the licensee;

(b) The licensee has not complied or is not complying with the licensee’s obligations under ORS 735.633 (Requirement for contract with provider) , 735.634 (License application) , 735.636 (Duties of licensee) , 735.638 (Duties of discount medical plan organization) or 735.641 (Investigative powers of director) or any rule adopted thereunder or the licensee has violated or is violating a prohibition under ORS 735.639 (Prohibited activities) ; or

(c) The licensee’s license or other authority to operate as a discount medical plan organization in another state has been suspended or revoked or has not been renewed.

(2) A licensee subject to an order of the director suspending or revoking a license shall have an opportunity for a hearing under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) .

(3) After the director issues a final order to suspend or revoke a license, the person subject to the order may not conduct further business as a discount medical plan organization in this state. Immediately after the director issues a final order suspending or revoking a license, the person subject to the order shall:

(a) Cease operations as a discount medical plan organization in this state;

(b) Cancel all pending transactions with plan members and refund any fees, service or subscription charges, dues or other consideration collected in exchange for services the person would have provided to plan members in connection with a discount medical plan after the effective date of the final order suspending or revoking the person’s license; and

(c) Wind up all business conducted in connection with the person’s operations as a discount medical plan organization in this state, if necessary. [Formerly 742.438]

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

Source: Section 735.642 — License suspension, revocation or failure to renew; grounds; effect , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 748.506 — OR Code / Title 56 / Chapter 748 / Section 748.506
748.506 Investigation of foreign or alien society
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall notify the society of any deficiency or deficiencies, and state in writing the reasons for dissatisfaction, when the director, upon investigation, finds that a foreign or alien society transacting or applying to transact business in this state:

(a) Has exceeded its powers;

(b) Has failed to comply with any of the provisions of this chapter;

(c) Is not fulfilling its contracts in good faith; or

(d) Is conducting its business fraudulently or in a manner hazardous to its members, creditors or the public.

(2) The director shall at once issue a written notice to the society requiring that the deficiency or deficiencies be corrected. After notice, the society shall have 30 days in which to comply with the director’s request for correction, and if the society fails to comply, the director shall notify the society of findings of noncompliance and require the society to show cause on a date named why its certificate of authority should not be suspended, revoked or refused. If on the named date the society does not present good and sufficient reason why its certificate of authority should not be suspended, revoked or refused, the director may suspend or refuse the certificate of authority until satisfactory evidence is furnished to the director that the suspension or refusal should be withdrawn or the director may revoke the certificate of authority of the society.

(3) Nothing contained in this section shall be taken or construed as preventing any foreign or alien society from continuing in good faith all contracts made in this state during the time the foreign or alien society was legally authorized to transact business as provided in this chapter. [1987 c.490 §32; 1991 c.182 §15]

Source: Section 748.506 — Investigation of foreign or alien society; notice of deficiencies; revocation or suspension of authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 735.641 — OR Code / Title 56 / Chapter 735 / Section 735.641
735.641 Investigative powers of director
Status: in_force

The Director of the Department of Consumer and Business Services may investigate a person operating or purporting to operate as a discount medical plan organization and may require the person at any time to produce marketing, promotional and advertising materials, records, books, files or other information the person uses in conducting business as a discount medical plan organization. During an investigation, the person shall respond to the director’s inquiries promptly and truthfully and in the manner or form the director requires. The person subject to an investigation under this section shall pay the expenses incurred in conducting the investigation. [Formerly 742.436]

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

Source: Section 735.641 — Investigative powers of director; expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 742.372 — OR Code / Title 56 / Chapter 742 / Section 742.372
742.372 Guaranteed arrest bond certificate
Status: in_force

As used in ORS 742.374 (Surety may issue guaranteed arrest bond certificate not to exceed $1,000) and 742.376 (Requirements to issue guaranteed arrest bond certificate) , “guaranteed arrest bond certificate” means any printed certificate which:

(1) Is issued by an automobile club or automobile association to any of its members;

(2) Is signed by the member to whom it is issued; and

(3) Contains a printed statement that the automobile club or automobile association and a named surety insurer guarantee the appearance of the member whose signature appears on the certificate and that, if the member does not make the appearance in court to guarantee which the certificate is posted, they will pay in an amount not to exceed $1,000 any fine or forfeiture imposed against the individual. [Formerly 747.082 and then 743.762]

Source: Section 742.372 — Guaranteed arrest bond certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 731.156 — OR Code / Title 56 / Chapter 731 / Section 731.156
731.156 “Variable life insurance”
Status: in_force

“Variable life insurance” and “variable annuity” mean forms of life insurance or annuity benefits, respectively, that vary according to the investment experience of a separate account or accounts maintained by the insurer with respect to policies providing such benefits or are securities under the Securities Act of 1933, 15 U.S.C. 77a et seq., as in effect on January 1, 2024, that vary according to the performance of a benchmark index, rate or fund if the principal or minimum rate of interest is not guaranteed and might be subject to a market value adjustment. For convenience, reference to “variable life insurance” in the Insurance Code includes variable life insurance and variable annuities as defined in this section, except if the inclusion of variable annuities obviously is inapplicable or if the context requires, or the Insurance Code provides, otherwise. [1973 c.435 §2; 2023 c.143 §3]

Source: Section 731.156 — “Variable life insurance”; “variable annuity.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 731.112 — OR Code / Title 56 / Chapter 731 / Section 731.112
731.112 “Judgment.”
Status: in_force

“Judgment” includes a final order. [1967 c.359 §23; 2003 c.576 §553]

Source: Section 731.112 — “Judgment.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 735.156 — OR Code / Title 56 / Chapter 735 / Section 735.156
735.156 Confidentiality of documents and materials
Status: in_force

All documents, materials and other information in the possession of the Department of Consumer and Business Services under ORS 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) are confidential and subject to public disclosure only as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) . [2012 c.84 §5]

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

Source: Section 735.156 — Confidentiality of documents and materials; public disclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 731.144 — OR Code / Title 56 / Chapter 731 / Section 731.144
731.144 “Surplus lines insurance.”
Status: in_force

“Surplus lines insurance” means any insurance on an Oregon home state risk, permitted to be placed through a surplus lines licensee with a nonadmitted insurer eligible to accept such insurance, other than reinsurance, wet marine and transportation insurance, independently procured insurance, life insurance and health insurance and annuities. For purposes of this section, “home state” has the meaning given that term in ORS 735.405 (Definitions for ORS 735.400 to 735.495) . [1987 c.774 §113; 1991 c.810 §24; 2011 c.660 §20]

Note: 731.144 (“Surplus lines insurance.”) was added to and made a part of ORS chapter 731 but was not added to any smaller series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 731.144 — “Surplus lines insurance.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 748.177 — OR Code / Title 56 / Chapter 748 / Section 748.177
748.177 Authorization as mutual life insurance company
Status: in_force

Any domestic fraternal benefit society may be converted and authorized as a mutual life insurance company by compliance with all the requirements of the insurance laws of this state for mutual life insurance companies. A plan of conversion shall be prepared in writing by the board of directors setting forth in full the terms and conditions of conversion. The affirmative vote of two-thirds of all members of the supreme governing body at a regular or special meeting shall be necessary for the approval of the plan, or if the society is organized under the direct election method pursuant to ORS 748.112 (Conditions constituting “representative form of government.”) (1)(a), the plan of conversion shall be submitted by mail to the benefit members. The affirmative vote of two-thirds of the benefit members voting thereon shall be necessary for the approval of the plan. No conversion shall take effect unless approved by the Director of the Department of Consumer and Business Services who may give approval if the director finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society. [1987 c.490 §16; 1991 c.182 §12]

Source: Section 748.177 — Authorization as mutual life insurance company , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 743.218 — OR Code / Title 56 / Chapter 743 / Section 743.218
743.218 Requirements for determination of future premium amounts or minimum values
Status: in_force

In the case of policies of life insurance which provide for determination of future premium amounts by the insurer on the basis of current estimates of future experience, or policies of life insurance which are of such a nature that minimum values cannot in the judgment of the Director of the Department of Consumer and Business Services be determined by the methods otherwise described in the Standard Nonforfeiture Law for Life Insurance, the following requirements shall apply:

(1) The director must be satisfied that the policy benefits are substantially as favorable to policyholders and insureds as the minimum benefits otherwise required by the Standard Nonforfeiture Law for Life Insurance;

(2) The director must be satisfied that the benefits and the pattern of premiums of the policy are not misleading to prospective policyholders or insureds; and

(3) The cash surrender values and paid-up nonforfeiture benefits provided by the policy must not be less than the minimum values and benefits required for the policy as calculated by a method consistent with the principles of the Standard Nonforfeiture Law for Life Insurance, as determined under rules issued by the director. [1981 c.609 §18]

Source: Section 743.218 — Requirements for determination of future premium amounts or minimum values , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 735.225 — OR Code / Title 56 / Chapter 735 / Section 735.225
735.225 Membership in joint underwriting association
Status: in_force

The joint underwriting association established under ORS 735.220 (Formation of joint underwriting association) shall be comprised of all insurers authorized to write and who are writing commercial liability insurance within this state on a direct basis, including the commercial liability portions of multiperil policies. Every such insurer shall remain a member of the association as a condition of its authority to continue to transact insurance in this state. [1987 c.774 §78]

Source: Section 735.225 — Membership in joint underwriting association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 752.005 — OR Code / Title 56 / Chapter 752 / Section 752.005
752.005 Definitions
Status: in_force

(1) For purposes of ORS 752.005 (Definitions) to 752.055 (Short title) , a “qualified member of a profession” means a person:

(a) Who holds a current license, certificate or registration in a profession which is regulated or governed by a board established by the Legislative Assembly;

(b) Whose principal office is in Oregon;

(c) Who is engaged in the private practice of the profession; and

(d) Who is not exempted by the commission from belonging to a professional liability fund managed by the commission.

(2) For purposes of subsection (1) of this section, a person is not engaged in the private practice of a profession if the person is a full-time employee of a corporation other than a corporation incorporated under ORS chapter 58, the state, an agency or department thereof, a county, city, special district or any other public or municipal corporation or any instrumentality thereof. However, a person who practices a profession outside of the person’s full-time employment is engaged in the private practice of the profession.

(3) For the purposes of subsection (1) of this section, the principal office of a person is considered to be the location where the person engages in the private practice of a profession more than 50 percent of the time engaged in that practice. In the case of a person in a branch office outside Oregon, if the main office to which the branch office is connected is in Oregon, the principal office of the person is not considered to be in Oregon unless the person engages in the private practice of a profession in Oregon more than 50 percent of the time engaged in that practice. [1987 c.774 §92]

Source: Section 752.005 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors752.­html (accessed May 26, 2025).
ORS § 743a.014 — OR Code / Title 56 / Chapter 743a / Section 743a.014
743A.014 Payments for ambulance care and transportation
Status: in_force

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

(2) Notwithstanding ORS 743.543 (Payment of benefits under blanket health insurance policies) , with respect to a health benefit plan or a Medicare supplement insurance policy that provides coverage for ambulance care and transportation, the insurer shall indemnify directly the provider of the ambulance care and transportation. [Formerly 743.718; 2013 c.91 §1; 2015 c.588 §4]

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

Source: Section 743A.014 — Payments for ambulance care and transportation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 743.198 — OR Code / Title 56 / Chapter 743 / Section 743.198
743.198 Title
Status: in_force

A life insurance policy shall contain a title briefly and correctly describing the policy. If an industrial life insurance policy, it shall have the words “industrial policy” imprinted on the face thereof as part of the descriptive matter. [1967 c.359 §388]

Source: Section 743.198 — Title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 733.570 — OR Code / Title 56 / Chapter 733 / Section 733.570
733.570 “Improved real property” defined
Status: in_force

As used in ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) , “improved real property” means:

(1) Farmland used for tillage, crop or pasture;

(2) Real estate on which permanent improvements, or improvements under construction or in process of construction, suitable for residence, institutional, commercial or industrial use, are situated; and

(3) Real estate to be developed for the use or uses set forth in subsection (2) of this section on which improvements, or improvements under construction or in process of construction, such as streets, sidewalks, sewers and utilities which will become an integral part of such development, are situated. [1967 c.359 §235; 1989 c.425 §3]

Source: Section 733.570 — “Improved real property” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 744.864 — OR Code / Title 56 / Chapter 744 / Section 744.864
744.864 Permissible sales
Status: in_force

(1) A licensee may sell insurance only:

(a) Of the type described in subsection (2) of this section;

(b) In connection with and incident to renting individual storage space to an occupant at a self-service storage facility; and

(c) In accordance with the requirements set forth in subsection (3) of this section.

(2) A licensee may sell insurance that covers an occupant only for personal property that is lost or damaged at the self-service storage facility where the licensee sold the insurance to the occupant.

(3) Intentionally left blank —Ed.

(a) A licensee that offers to sell insurance to an occupant shall provide written material that the Director of the Department of Consumer and Business Services approves and that:

(A) Summarizes the material terms of the insurance coverage, identifies the insurer, states the premium price and describes the benefits, exclusions and conditions of the insurance policy;

(B) Discloses that the insurance may duplicate or overlap with coverage the occupant may have from other insurance policies, such as a renter’s policy, a homeowner’s policy, a vehicle policy, a watercraft policy or another source of property insurance;

(C) States that renting individual storage space at the self-service storage facility does not require an occupant to purchase property insurance from the licensee or that, if renting individual storage space does require the occupant to have property insurance, that the occupant may satisfy the requirement by providing evidence that the occupant has coverage from another source of property insurance;

(D) Describes the process for filing a claim under the terms of the insurance policy; and

(E) Lists all costs to the occupant in connection with the insurance.

(b) A licensee that completes a transaction with an occupant that purchases insurance from the licensee shall provide evidence to the occupant of the insurer’s coverage on a form that the insurer has approved.

(4) A licensee may sell only insurance provided by an insurer that is authorized under the Insurance Code to transact, in this state, the line of insurance that the licensee sells.

(5) A licensee may not advertise, represent or otherwise cause another person to understand or suppose that the licensee is a licensed insurer. [2013 c.280 §4]

Source: Section 744.864 — Permissible sales; required notices and disclosures; evidence of coverage; prohibition on representing owner as insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 744.372 — OR Code / Title 56 / Chapter 744 / Section 744.372
744.372 Advertising of life settlement contracts
Status: in_force

(1) This section applies to any advertising of life settlement contracts, life purchase agreements or related products or services intended for dissemination in this state, including Internet advertising viewed by persons located in this state. When disclosure requirements are established pursuant to federal regulation, this section is interpreted so as to minimize or eliminate conflict with federal regulation wherever possible.

(2) Every licensee must establish and at all times maintain a system of control over the content, form and method of dissemination of all advertisements of its contracts, products and services. All advertisements, regardless of by whom written, created, designed or presented, is the responsibility of the licensees, as well as the individual who created or presented the advertisement. A system of control must include regular routine notification, at least once a year, to agents and others authorized by the licensee who disseminate advertisements, of the requirements of this section and the requirements adopted by the Director of the Department of Consumer and Business Services in the use of any advertisements not furnished by the licensee.

(3) Advertisements must be truthful and not misleading in fact or by implication. The form and content of an advertisement of a life settlement contract or life settlement purchase agreement must be sufficiently complete and clear so as to avoid deception. It may not have the capacity or tendency to mislead or deceive.

(4) An advertisement may not use the name or title of a life insurance company or a life insurance policy unless the named company or policy-holder consents to the usage in a form prescribed by the director.

(5) An advertisement may not represent that premium payments will not be required to be paid on the life insurance policy that is the subject of a life settlement contract or life settlement purchase agreement in order to maintain that policy, unless that is the fact.

(6) An advertisement may not state or imply that a life settlement contract or life settlement purchase agreement, benefit or service has been approved or endorsed by a group of individuals, society, association or other organization unless that is the fact and unless any relationship between an organization and the licensee is disclosed. If the entity making the endorsement or testimonial is owned, controlled or managed by the licensee, or receives any payment or other consideration from the licensee for making an endorsement or testimonial, that fact must be disclosed in the advertisement.

(7) When an endorsement refers to benefits received under a life settlement contract or life settlement purchase agreement, all pertinent information must be retained for a period of five years after its use.

(8) An advertisement may not contain statistical information unless it accurately reflects recent and relevant facts. The source of all statistics used in an advertisement must be identified.

(9) An advertisement may not directly or indirectly create the impression that any division or agency of this state or of the United States government endorses, approves or favors:

(a) Any licensee or its business practices or methods of operation;

(b) The merits, desirability or advisability of any life settlement contract or life settlement purchase agreement;

(c) Any life settlement contract or life settlement purchase agreement; or

(d) Any life insurance policy or life insurance company.

(10) The director may adopt rules to implement this section. [2009 c.711 §16]

Source: Section 744.372 — Advertising of life settlement contracts; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 744.720 — OR Code / Title 56 / Chapter 744 / Section 744.720
744.720 Agreement between insurer and third party administrator
Status: in_force

(1) A third party administrator licensed under ORS 744.702 (Third party administrator license) may transact business as a third party administrator only pursuant to a written agreement between the third party administrator and the insurer. The agreement shall contain all provisions required by this section. However, any provision that does not apply to the functions to be performed by the third party administrator need not be included.

(2) An insurer and a third party administrator transacting business under an agreement required in subsection (1) of this section shall each retain the agreement with its records for the duration of the agreement and for five years following the date of its termination.

(3) An agreement required by this section shall include at least the following, in addition to any other requirements of ORS 744.700 (Definitions for ORS 744.700 to 744.740) to 744.740 (Responsibility of insurer using third party administrator) :

(a) A statement of duties that the third party administrator is expected to perform on behalf of the insurer and the lines, classes or types of insurance for which the third party administrator is to be authorized to administer;

(b) Provisions with respect to underwriting or other standards pertaining to the business underwritten by the insurer. The agreement shall also state the responsibilities of the third party administrator for determining the benefits, premium rates, underwriting criteria and claims payment procedures, and for securing any reinsurance, subject to the responsibilities of the insurer established in ORS 744.740 (Responsibility of insurer using third party administrator) ;

(c) Provisions for the third party administrator to periodically render an accounting to the insurer detailing all transactions performed by the administrator pertaining to the business underwritten by the insurer;

(d) Provisions governing withdrawals from the fiduciary account required under ORS 744.730 (Disposition of charges and premiums) , and provisions otherwise relating to the fiduciary account, addressing at least the following matters:

(A) Remittance to an insurer entitled to the remittance;

(B) Deposit in an account maintained in the name of the insurer;

(C) Transfer to and deposit in a claims-paying account, with claims to be paid as provided in ORS 744.730 (Disposition of charges and premiums) ;

(D) Payment to a group policyholder for remittance to the insurer entitled to the remittance;

(E) Payment to the third party administrator of its commission fees or charges; and

(F) Remittance of return premiums to the person entitled to the return premium; and

(e) Provisions establishing which disputes, if any, arising under the contract shall be decided by arbitration, mediation or other means of dispute resolution.

(4) Upon written notice, the insurer or third party administrator may terminate the written agreement for cause as provided in the agreement. The insurer may suspend the underwriting authority of the third party administrator during any dispute regarding the cause for termination of the written agreement. The insurer must fulfill any lawful obligations with respect to policies affected by the agreement, regardless of any dispute between the insurer and the third party administrator.

(5) A third party administrator shall make available for inspection to the Director of the Department of Consumer and Business Services copies of all contracts, and amendments thereto, with insurers or other persons using its services. [1991 c.812 §12]

Source: Section 744.720 — Agreement between insurer and third party administrator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 750.065 — OR Code / Title 56 / Chapter 750 / Section 750.065
750.065 Payment or reimbursement for services within scope of practice of optometrists
Status: in_force

Notwithstanding any provision of contract or agreement entered into by a corporation, association, society, firm, partnership or individual doing business as a hospital association or as a health care service contractor, whenever the contract or agreement provides for payment or reimbursement for a service that is within the lawful scope of practice of a licensed optometrist, the hospital association or health care service contractor shall provide payment or reimbursement for the service, whether the service is performed by a physician or a licensed optometrist. Unless the contract or agreement provides otherwise, there shall be no reimbursement for ophthalmic materials, lenses, spectacles, eyeglasses or appurtenances thereto. [1971 c.97 §2; 2005 c.442 §3]

Source: Section 750.065 — Payment or reimbursement for services within scope of practice of optometrists , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 750.329 — OR Code / Title 56 / Chapter 750 / Section 750.329
750.329 Taxation
Status: in_force

(1) A multiple employer welfare arrangement is subject to taxation to the same extent and in the same manner as an insurer transacting health insurance in this state.

(2) For purposes of this section, contributions received by a trust for a multiple employer welfare arrangement shall be considered to be premiums received for insurance. [1993 c.615 §17; 1995 c.786 §11]

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

Source: Section 750.329 — Taxation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 743.261 — OR Code / Title 56 / Chapter 743 / Section 743.261
743.261 Entire contract
Status: in_force

An annuity or pure endowment policy shall contain a provision that the policy, including a copy of the application if indorsed upon or attached to the policy when issued, shall constitute the entire contract between the parties. [1967 c.359 §407]

Source: Section 743.261 — Entire contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743.438 — OR Code / Title 56 / Chapter 743 / Section 743.438
743.438 Physical examinations and autopsy
Status: in_force

A health insurance policy shall contain a provision as follows: “PHYSICAL EXAMINATIONS AND AUTOPSY: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law.” [1967 c.359 §438]

Source: Section 743.438 — Physical examinations and autopsy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 735.320 — OR Code / Title 56 / Chapter 735 / Section 735.320
735.320 Relationship to insurance guaranty fund and joint underwriting association
Status: in_force

(1) No risk retention group shall be permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this state. No risk retention group, or its insureds, shall receive any benefit from any such fund for claims arising out of the operations of the risk retention group.

(2) A risk retention group shall participate in this state’s joint underwriting associations and mandatory liability pools as provided by the Insurance Code. [1987 c.774 §102]

Source: Section 735.320 — Relationship to insurance guaranty fund and joint underwriting association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743.462 — OR Code / Title 56 / Chapter 743 / Section 743.462
743.462 Insurance with other insurers
Status: in_force

(1) A health insurance policy may contain a provision as follows: “INSURANCE WITH OTHER INSURERS: If there be other valid coverage, not with this insurer, providing benefits for the same loss on other than an expense incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability for such benefits under this policy shall be for such proportion of the indemnities otherwise provided hereunder for such loss as the like indemnities of which the insurer had notice (including the indemnities under this policy) bear to the total amount of all like indemnities for such loss, and for the return of such portion of the premium paid as shall exceed the pro rata portion for the indemnities thus determined.”

(2) If the policy provision set forth in subsection (1) of this section is included in a policy which also contains the policy provision set forth in ORS 743.459 (Insurance with other insurers) , there shall be added to the caption of the provision set forth in subsection (1) of this section the phrase “OTHER BENEFITS.” The insurer may, at its option, include in this provision a definition of “other valid coverage,” approved as to form by the Director of the Department of Consumer and Business Services, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, and to any other coverage the inclusion of which may be approved by the director. In the absence of such definition such term shall not include group insurance, or benefits provided by union welfare plans or by employer or employee benefit organizations. For the purpose of applying the policy provision set forth in this section with respect to any insured, any amount of benefit provided for such insured pursuant to any compulsory benefit statute (including any workers’ compensation or employer’s liability statute), whether provided by a governmental agency or otherwise, shall in all cases be deemed to be “other valid coverage” of which the insurer has had notice. In applying the policy provision set forth in this section no third party liability coverage shall be included as “other valid coverage.” [1967 c.359 §446]

Source: Section 743.462 — Insurance with other insurers; other than expense incurred benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 732.065 — OR Code / Title 56 / Chapter 732 / Section 732.065
732.065 Reporting of changes in information in application
Status: in_force

Any changes in the information furnished in the application for a permit to organize an insurer shall be reported immediately to the Director of the Department of Consumer and Business Services by the persons to whom the permit was issued. [1967 c.359 §152]

Source: Section 732.065 — Reporting of changes in information in application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 743.219 — OR Code / Title 56 / Chapter 743 / Section 743.219
743.219 Supplemental rules for calculating nonforfeiture benefits
Status: in_force

(1) Any cash surrender value and any paid-up nonforfeiture benefit available under a life insurance policy in the event of default in a premium payment due at any time other than on the policy anniversary date shall be calculated with allowance for the lapse of time and the payment of fractional premiums beyond the last preceding policy anniversary.

(2) All values referred to in the Standard Nonforfeiture Law for Life Insurance may be calculated on the assumption that any death benefit is payable at the end of the policy year of death.

(3) The net value of any paid-up additions, other than paid-up term additions, shall not be less than the amounts used to provide the additions. [Formerly 739.365; 1981 c.609 §19]

Source: Section 743.219 — Supplemental rules for calculating nonforfeiture benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 735.015 — OR Code / Title 56 / Chapter 735 / Section 735.015
735.015 Purpose
Status: in_force

The purpose of ORS 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties) is:

(1) To assure stability in the property insurance market for certain property located in this state.

(2) To assure the availability of essential property insurance to the owners of insurable property.

(3) To encourage maximum use, in obtaining essential property insurance, of the normal insurance market provided by authorized insurers.

(4) To provide for the equitable distribution among authorized insurers of the responsibility for insuring certain insurable property for which essential property insurance cannot be obtained through the normal insurance market by the establishment of the Oregon FAIR Plan Association. [1971 c.321 §2]

Source: Section 735.015 — Purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).