ORS § 742.504 — OR Code / Title 56 / Chapter 742 / Section 742.504
742.504 Required provisions of uninsured motorist coverage
Status: in_force

Every policy required to provide the coverage specified in ORS 742.502 (Uninsured motorist coverage) shall provide uninsured motorist coverage that in each instance is no less favorable in any respect to the insured or the beneficiary than if the following provisions were set forth in the policy. However, nothing contained in this section requires the insurer to reproduce in the policy the particular language of any of the following provisions:

(1) Intentionally left blank —Ed.

(a) Notwithstanding ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) , the insurer will pay all sums that the insured or the heirs or legal representative of the insured is legally entitled to recover as damages from the owner or operator of an uninsured vehicle because of bodily injury sustained by the insured caused by accident and arising out of the ownership, maintenance or use of the uninsured vehicle. Determination as to whether the insured, the insured’s heirs or the insured’s legal representative is legally entitled to recover such damages, and if so, the amount thereof, shall be made by agreement between the insured and the insurer, or, in the event of disagreement, may be determined by arbitration as provided in subsection (10) of this section.

(b) No judgment against any person or organization alleged to be legally responsible for bodily injury, except for proceedings instituted against the insurer as provided in this policy, shall be conclusive, as between the insured and the insurer, on the issues of liability of the person or organization or of the amount of damages to which the insured is legally entitled.

(2) As used in this policy:

(a) “Bodily injury” means bodily injury, sickness or disease, including death resulting therefrom.

(b) “Hit-and-run vehicle” means a vehicle that causes bodily injury to an insured arising out of physical contact of the vehicle with the insured or with a vehicle the insured is occupying at the time of the accident, provided:

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

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

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

(c) “Insured,” when unqualified and when applied to uninsured motorist coverage, means:

(A) The named insured as stated in the policy and any person designated as named insured in the schedule and, while residents of the same household, the spouse of any named insured and relatives of either, provided that neither the relative nor the spouse is the owner of a vehicle not described in the policy and that, if the named insured as stated in the policy is other than an individual or spouses in a marriage who are residents of the same household, the named insured shall be only a person so designated in the schedule;

(B) Any child residing in the household of the named insured if the insured has performed the duties of a parent to the child by rearing the child as the insured’s own although the child is not related to the insured by blood, marriage or adoption; and

(C) Any other person while occupying an insured vehicle, provided the actual use thereof is with the permission of the named insured.

(d) “Insured vehicle,” except as provided in paragraph (e) of this provision, means:

(A) The vehicle described in the policy or a newly acquired or substitute vehicle, as each of those terms is defined in the public liability coverage of the policy, insured under the public liability provisions of the policy; or

(B) A nonowned vehicle operated by the named insured or spouse if a resident of the same household, provided that the actual use thereof is with the permission of the owner of the vehicle and the vehicle is not owned by nor furnished for the regular or frequent use of the insured or any member of the same household.

(e) “Insured vehicle” does not include a trailer of any type unless the trailer is a described vehicle in the policy.

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

(g) “Phantom vehicle” means a vehicle that causes bodily injury to an insured arising out of a motor vehicle accident that is caused by a vehicle that has no physical contact with the insured or the vehicle the insured is occupying at the time of the accident, provided:

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

(B) The facts of the accident can be corroborated by competent evidence other than the testimony of the insured or any person having an uninsured motorist claim resulting from the accident; and

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

(h) “State” includes the District of Columbia, a territory or possession of the United States and a province of Canada.

(i) “Stolen vehicle” means an insured vehicle that causes bodily injury to the insured arising out of a motor vehicle accident if:

(A) The vehicle is operated without the consent of the insured;

(B) The operator of the vehicle does not have collectible motor vehicle bodily injury liability insurance;

(C) The insured or someone on behalf of the insured reported the accident within 72 hours to a police, peace or judicial officer or to the equivalent department in the state where the accident occurred; and

(D) The insured or someone on behalf of the insured cooperates with the appropriate law enforcement agency in the prosecution of the theft of the vehicle.

(j) “Sums that the insured or the heirs or legal representative of the insured is legally entitled to recover as damages” means the amount of damages that:

(A) A claimant could have recovered in a civil action from the owner or operator at the time of the injury after determination of fault or comparative fault and resolution of any applicable defenses;

(B) Are calculated without regard to the tort claims limitations of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) ; and

(C) Are no larger than benefits payable under the terms of the policy as provided in subsection (7) of this section.

(k) “Uninsured vehicle,” except as provided in paragraph (L) of this provision, means:

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

(B) A hit-and-run vehicle.

(C) A phantom vehicle.

(D) A stolen vehicle.

(E) A vehicle that is owned or operated by a self-insurer:

(i) That is not in compliance with ORS 806.130 (Self-insurance) (1)(c); or

(ii) That provides recovery to an insured in an amount that is less than the sums that the insured or the heirs or legal representative of the insured is legally entitled to recover as damages for bodily injury or death that is caused by accident and that arises out of owning, maintaining or using an uninsured vehicle.

(L) “Uninsured vehicle” does not include:

(A) An insured vehicle, unless the vehicle is a stolen vehicle;

(B) Except as provided in paragraph (k)(E) of this subsection, a vehicle that is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or any similar law;

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

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

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

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

(m) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, but does not include devices moved by human power or used exclusively upon stationary rails or tracks.

(3) This coverage applies only to accidents that occur on and after the effective date of the policy, during the policy period and within the United States of America, its territories or possessions, or Canada.

(4) Intentionally left blank —Ed.

(a) This coverage does not apply to bodily injury of an insured with respect to which the insured or the legal representative of the insured shall, without the written consent of the insurer, make any settlement with or prosecute to judgment any action against any person or organization who may be legally liable therefor.

(b) This coverage does not apply to bodily injury to an insured while occupying a vehicle, other than an insured vehicle, owned by, or furnished for the regular use of, the named insured or any relative resident in the same household, or through being struck by the vehicle.

(c) This coverage does not apply so as to inure directly or indirectly to the benefit of any workers’ compensation carrier, any person or organization qualifying as a self-insurer under any workers’ compensation or disability benefits law or any similar law or the State Accident Insurance Fund Corporation.

(d) This coverage does not apply with respect to underinsured motorist benefits unless:

(A) The limits of liability under any bodily injury liability insurance applicable at the time of the accident regarding the injured person have been exhausted by payment of judgments or settlements to the injured person or other injured persons;

(B) The described limits have been offered in settlement, the insurer has refused consent under paragraph (a) of this subsection and the insured protects the insurer’s right of subrogation to the claim against the tortfeasor;

(C) The insured gives credit to the insurer for the unrealized portion of the described liability limits as if the full limits had been received if less than the described limits have been offered in settlement, and the insurer has consented under paragraph (a) of this subsection; or

(D) The insured gives credit to the insurer for the unrealized portion of the described liability limits as if the full limits had been received if less than the described limits have been offered in settlement and, if the insurer has refused consent under paragraph (a) of this subsection, the insured protects the insurer’s right of subrogation to the claim against the tortfeasor.

(e) When seeking consent under paragraph (a) or (d) of this subsection, the insured shall allow the insurer a reasonable time in which to collect and evaluate information related to consent to the proposed offer of settlement. The insured shall provide promptly to the insurer any information that is reasonably requested by the insurer and that is within the custody and control of the insured. Consent will be presumed to be given if the insurer does not respond within a reasonable time. For purposes of this paragraph, a “reasonable time” is no more than 30 days from the insurer’s receipt of a written request for consent, unless the insured and the insurer agree otherwise.

(5) Intentionally left blank —Ed.

(a) As soon as practicable, the insured or other person making claim shall give to the insurer written proof of claim, under oath if required, including full particulars of the nature and extent of the injuries, treatment and other details entering into the determination of the amount payable hereunder. The insured and every other person making claim hereunder shall submit to examinations under oath by any person named by the insurer and subscribe the same, as often as may reasonably be required. Proof of claim shall be made upon forms furnished by the insurer unless the insurer fails to furnish the forms within 15 days after receiving notice of claim.

(b) Upon reasonable request of and at the expense of the insurer, the injured person shall submit to physical examinations by physicians, naturopathic physicians, physician assistants or nurse practitioners selected by the insurer and shall, upon each request from the insurer, execute authorization to enable the insurer to obtain medical reports and copies of records.

(6) If, before the insurer makes payment of loss hereunder, the insured or the legal representative of the insured institutes any legal action for bodily injury against any person or organization legally responsible for the use of a vehicle involved in the accident, a copy of the summons and complaint or other process served in connection with the legal action shall be forwarded immediately to the insurer by the insured or the legal representative of the insured.

(7) Intentionally left blank —Ed.

(a) The limit of liability stated in the declarations as applicable to “each person” is the limit of the insurer’s liability for all damages because of bodily injury sustained by one person as the result of any one accident and, subject to the above provision respecting each person, the limit of liability stated in the declarations as applicable to “each accident” is the total limit of the company’s liability for all damages because of bodily injury sustained by two or more persons as the result of any one accident.

(b) Any amount payable under the terms of this coverage because of bodily injury sustained in an accident by a person who is an insured under this coverage shall be reduced by the amount paid and the present value of all amounts payable on account of the bodily injury under any workers’ compensation law, disability benefits law or any similar law.

(c) Any amount payable under the terms of this coverage because of bodily injury sustained in an accident by a person who is an insured under this coverage shall be reduced by the credit given to the insurer pursuant to subsection (4)(d)(C) or (D) of this section.

(d) The amount payable under the terms of this coverage may not be reduced by the amount of liability proceeds offered, described in subsection (4)(d)(B) or (D) of this section, that has not been paid to the injured person. If liability proceeds have been offered and not paid, the amount payable under the terms of the coverage shall include the amount of liability limits offered but not accepted due to the insurer’s refusal to consent. The insured shall cooperate so as to permit the insurer to proceed by subrogation or assignment to prosecute the claim against the uninsured motorist.

(8) No action shall lie against the insurer unless, as a condition precedent thereto, the insured or the legal representative of the insured has fully complied with all the terms of this policy.

(9) Intentionally left blank —Ed.

(a) With respect to bodily injury to an insured:

(A) While occupying a vehicle owned by a named insured under this coverage, the insurance under this coverage is primary.

(B) While occupying a vehicle not owned by a named insured under this coverage, the insurance under this coverage shall apply only as excess insurance over any primary insurance available to the occupant that is similar to this coverage, and this excess insurance coverage shall then apply only to the sums that the insured or the heirs or legal representative of the insured is legally entitled to recover as damages for bodily injury or death that is caused by accident and that arises out of owning, maintaining or using an uninsured vehicle.

(b) With respect to bodily injury to an insured while occupying any motor vehicle used as a public or livery conveyance, the insurance under this coverage shall apply only as excess insurance over any other insurance available to the insured that is similar to this coverage, and this excess insurance coverage shall then apply only to the amount by which the applicable limit of liability of this coverage exceeds the sum of the applicable limits of liability of all other insurance.

(10) If any person making claim hereunder and the insurer do not agree that the person is legally entitled to recover damages from the owner or operator of an uninsured vehicle because of bodily injury to the insured, or do not agree as to the amount of payment that may be owing under this coverage, then, in the event the insured and the insurer elect by mutual agreement at the time of the dispute to settle the matter by arbitration, the arbitration shall take place as described in ORS 742.505 (Arbitration procedures under ORS 742.504) . Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof, provided, however, that the costs to the insured of the arbitration proceeding do not exceed $100 and that all other costs of arbitration are borne by the insurer. “Costs” as used in this provision does not include attorney fees or expenses incurred in the production of evidence or witnesses or the making of transcripts of the arbitration proceedings. The person and the insurer each agree to consider themselves bound and to be bound by any award made by the arbitrators pursuant to this coverage in the event of such election. At the election of the insured, the arbitration shall be held:

(a) In the county and state of residence of the insured;

(b) In the county and state where the insured’s cause of action against the uninsured motorist arose; or

(c) At any other place mutually agreed upon by the insured and the insurer.

(11) In the event of payment to any person under this coverage:

(a) The insurer shall be entitled to the extent of the payment to the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of the person against any uninsured motorist legally responsible for the bodily injury because of which payment is made;

(b) The person shall hold in trust for the benefit of the insurer all rights of recovery that the person shall have against such other uninsured person or organization because of the damages that are the subject of claim made under this coverage, but only to the extent that the claim is made or paid herein;

(c) If the insured is injured by the joint or concurrent act or acts of two or more persons, one or more of whom is uninsured, the insured shall have the election to receive from the insurer any payment to which the insured would be entitled under this coverage by reason of the act or acts of the uninsured motorist, or the insured may, with the written consent of the insurer, proceed with legal action against any or all persons claimed to be liable to the insured for the injuries. If the insured elects to receive payment from the insurer under this coverage, then the insured shall hold in trust for the benefit of the insurer all rights of recovery the insured shall have against any other person, firm or organization because of the damages that are the subject of claim made under this coverage, but only to the extent of the actual payment made by the insurer;

(d) The person shall do whatever is proper to secure and shall do nothing after loss to prejudice such rights;

(e) If requested in writing by the insurer, the person shall take, through any representative not in conflict in interest with the person, designated by the insurer, such action as may be necessary or appropriate to recover payment as damages from such other uninsured person or organization, such action to be taken in the name of the person, but only to the extent of the payment made hereunder. In the event of a recovery, the insurer shall be reimbursed out of the recovery for expenses, costs and attorney fees incurred by the insurer in connection therewith; and

(f) The person shall execute and deliver to the insurer any instruments and papers as may be appropriate to secure the rights and obligations of the person and the insurer established by this provision.

(12) Intentionally left blank —Ed.

(a) The parties to this coverage agree that no cause of action shall accrue to the insured under this coverage unless within two years from the date of the accident:

(A) Agreement as to the amount due under the policy has been concluded;

(B) The insured or the insurer has formally instituted arbitration proceedings;

(C) The insured has filed an action against the insurer; or

(D) Suit for bodily injury has been filed against the uninsured motorist and, within two years from the date of settlement or final judgment against the uninsured motorist, the insured has formally instituted arbitration proceedings or filed an action against the insurer.

(b) For purposes of this subsection:

(A) “Date of settlement” means the date on which a written settlement agreement or release is signed by an insured or, in the absence of these documents, the date on which the insured or the attorney for the insured receives payment of any sum required by the settlement agreement. An advance payment as defined in ORS 31.550 (“Advance payment” defined) shall not be deemed a payment of a settlement for purposes of the time limitation in this subsection.

(B) “Final judgment” means a judgment that has become final by lapse of time for appeal or by entry in an appellate court of an appellate judgment. [Formerly 743.792; 1993 c.18 §156; 1993 c.596 §38; 1997 c.808 §2; 2003 c.175 §2; 2005 c.22 §490; 2005 c.236 §1; 2005 c.246 §2; 2005 c.247 §2; 2007 c.131 §1; 2007 c.287 §3; 2007 c.328 §§5,6; 2007 c.457 §1; 2007 c.782 §3; 2009 c.67 §§15,16; 2011 c.192 §2; 2014 c.45 §76; 2015 c.5 §3; 2015 c.629 §59; 2017 c.356 §95]

Source: Section 742.504 — Required provisions of uninsured motorist coverage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743.405 — OR Code / Title 56 / Chapter 743 / Section 743.405
743.405 General requirements for health insurance policies
Status: in_force

An individual health insurance policy must meet the following requirements:

(1) The policy must include a statement of the entire money and other considerations due.

(2) The policy must state the time at which the insurance takes effect and terminates.

(3) The policy may purport to insure only one person, unless an adult member of a family applies for coverage of family members or other dependents.

(4) The policy may not be issued individually to an individual in a group of persons described in ORS 731.098 (“Group health insurance.”) for the purpose of separating the individual from health insurance benefits offered or provided in connection with a group health benefit plan.

(5) Intentionally left blank —Ed.

(a) Except as provided in ORS 743.498 (Statement in policy of cancelability or renewability) , the style, arrangement and overall appearance of the policy may not give undue prominence to any portion of the text, and every printed portion of the text of the policy and of any indorsements or attached papers shall be plainly printed in lightfaced type of a style in general use, the size of which shall be uniform and not less than 12-point type.

(b) As used in this subsection, “text” includes all printed matter except the name and address of the insurer, name or title of the policy, the brief description if any, and captions and subcaptions.

(6) The policy must state the exceptions and reductions of indemnity. Except those required by ORS 743.411 (Entire contract) to 743.477 (Illegal occupation) , exceptions and reductions shall be printed at the insurer’s option either included with the applicable benefit provision or under an appropriate caption such as EXCEPTIONS, or EXCEPTIONS AND REDUCTIONS. However, if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of the exception or reduction must be included with the applicable benefit provision.

(7) Each form constituting the policy, including riders and indorsements, must be identified by a form number in the lower left-hand corner of the first page of the policy.

(8) The policy may not contain provisions purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of or reference to a statement of rates or classification of risks, or short rate table filed with the Director of the Department of Consumer and Business Services. [Formerly 741.120; 1999 c.987 §5; 2009 c.11 §94; 2011 c.9 §91; 2011 c.500 §6; 2013 c.681 §12]

Source: Section 743.405 — General requirements for health insurance policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743.680 — OR Code / Title 56 / Chapter 743 / Section 743.680
743.680 Definitions for ORS 743.680 to 743.689
Status: in_force

As used in ORS 743.680 (Definitions for ORS 743.680 to 743.689) to 743.689 (Director’s authority upon violation of ORS 743.680 to 743.689) , unless the context requires otherwise:

(1) “Applicant” means:

(a) In the case of an individual Medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits.

(b) In the case of a group Medicare supplement policy or subscriber contract, the proposed certificate holder.

(2) “Certificate” means any certificate issued under a group Medicare supplement policy, which certificate has been delivered or issued for delivery in this state.

(3) “Medicare” means the “Health Insurance for the Aged Act,” Title XVIII of the Social Security Amendments of 1965.

(4) “Medicare supplement policy” means a group or individual policy of insurance or a subscriber contract which is advertised, marketed or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical or surgical expenses of persons eligible for Medicare. [1989 c.255 §1; 1993 c.113 §1]

Source: Section 743.680 — Definitions for ORS 743.680 to 743.689 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 746.610 — OR Code / Title 56 / Chapter 746 / Section 746.610
746.610 Application of ORS 746.600 to 746.690
Status: in_force

(1) Except as otherwise provided in ORS 746.606 (Information privacy standards for health insurers) , 746.607 (Use and disclosure of personal information) , 746.608 (Rules) and 746.609 (Exemptions for health insurers) , the obligations imposed by ORS 746.600 (Definitions for ORS 746.600 to 746.690) to 746.690 (Obtaining information under false pretenses prohibited) apply to those insurers, insurance producers and insurance-support organizations that:

(a) In the case of life or health insurance:

(A) Collect, receive or maintain personal information, in connection with insurance transactions, that pertains to natural persons who are residents of this state; or

(B) Engage in insurance transactions with applicants, individuals or policyholders who are residents of this state.

(b) In the case of other kinds of insurance:

(A) Collect, receive or maintain personal information in connection with insurance transactions involving policies or certificates of insurance delivered, issued for delivery or renewed in this state; or

(B) Engage in insurance transactions involving policies or certificates of insurance delivered, issued for delivery or renewed in this state.

(2) The rights granted by ORS 746.600 (Definitions for ORS 746.600 to 746.690) to 746.690 (Obtaining information under false pretenses prohibited) extend to:

(a) In the case of life or health insurance, the following persons who are residents of this state:

(A) Natural persons who are the subject of personal information collected, received or maintained in connection with insurance transactions; and

(B) Applicants, individuals or policyholders who engage in or seek to engage in insurance transactions.

(b) In the case of other kinds of insurance, the following persons:

(A) Natural persons who are the subject of personal information collected, received or maintained in connection with insurance transactions involving policies or certificates of insurance delivered, issued for delivery or renewed in this state; and

(B) Applicants, individuals or policyholders who engage in or seek to engage in insurance transactions involving policies or certificates of insurance delivered, issued for delivery or renewed in this state.

(3) For purposes of this section, a person is considered a resident of this state if the person’s last-known mailing address, as shown in the records of the insurer, insurance producer or insurance-support organization, is located in this state.

(4) Notwithstanding subsections (1) and (2) of this section, ORS 746.600 (Definitions for ORS 746.600 to 746.690) to 746.690 (Obtaining information under false pretenses prohibited) do not apply to personal information collected from the public records of a governmental authority and maintained by an insurer or its representatives for the purpose of insuring the title to real property located in this state. [1981 c.649 §3; 1987 c.490 §52; 2003 c.87 §8; 2003 c.364 §153]

Source: Section 746.610 — Application of ORS 746.600 to 746.690 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 743.546 — OR Code / Title 56 / Chapter 743 / Section 743.546
743.546 Exemption of policy form approval for blanket health insurance policies
Status: in_force

The Director of the Department of Consumer and Business Services may exempt from the policy form filing and approval requirements of ORS 742.003 (Filing and approval of policy forms) , for so long as the director deems proper, any blanket health insurance policy to which in the opinion of the director such requirements may not practicably be applied, or may dispense with such filing and approval whenever, in the opinion of the director, it is not desirable or necessary for the protection of the public. [1967 c.359 §469]

Source: Section 743.546 — Exemption of policy form approval for blanket health insurance policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 735.235 — OR Code / Title 56 / Chapter 735 / Section 735.235
735.235 Board of directors
Status: in_force

The joint underwriting association formed under ORS 735.220 (Formation of joint underwriting association) shall be under the administrative control of a seven person board of directors appointed by the Governor. Two directors shall represent insurance carriers participating in the association; one director shall represent insurance producers; three directors shall represent the affected classes of insureds; and one director shall be a public member with no ties to the insurance industry. The board shall elect one of its members as chairperson. [1987 c.774 §80; 2003 c.364 §91]

Source: Section 735.235 — Board of directors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743.186 — OR Code / Title 56 / Chapter 743 / Section 743.186
743.186 Policy loan
Status: in_force

(1) A life insurance policy shall contain a provision that after three full years’ premiums have been paid and after the policy has a cash surrender value and while no premium is in default beyond the grace period for payment, the insurer will advance, on proper assignment or pledge of the policy and on the sole security thereof, an amount equal to or, at the option of the party entitled thereto, less than the loan value of the policy, at a rate of interest not exceeding the maximum rate permitted by the policy loan provision. The interest rate provision shall comply with ORS 743.187 (Maximum interest rate on policy loan) . The loan value of the policy shall be equal to the cash surrender value at the end of the then current policy year, less any existing indebtedness not already deducted in determining such cash surrender value including any interest then accrued but not due, any unpaid balance of the premium for the current policy year, and interest on the loan to the end of the current policy year. The policy may also provide that:

(a) Interest on any indebtedness that is 90 or more days past due shall be added to the existing indebtedness and shall bear interest at the rate applicable to the existing indebtedness; and

(b) Except as provided in ORS 743.187 (Maximum interest rate on policy loan) , if the total indebtedness on the policy, including interest due or accrued, equals or exceeds the amount of the loan value of the policy, the policy shall terminate and become void upon 30 days’ notice by the insurer mailed to the last-known address of the insured or other policy owner and of any assignee of record at the home office of the insurer.

(2) The policy shall reserve to the insurer the right to defer the granting of a loan, other than for the payment of any premium to the insurer, for six months after application therefor.

(3) The policy, at the insurer’s option, may provide for automatic premium loan.

(4) This section does not apply to term insurance policies or term insurance benefits provided by rider or supplemental policy provisions, or to industrial life insurance policies. [1967 c.359 §384; 1975 c.575 §1; 1981 c.412 §18; 2001 c.318 §12]

Source: Section 743.186 — Policy loan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 735.205 — OR Code / Title 56 / Chapter 735 / Section 735.205
735.205 Definitions for ORS 735.200 to 735.260
Status: in_force

As used in ORS 735.200 (Legislative findings) to 735.260 (Rules) :

(1) “Joint underwriting association” means a mechanism requiring casualty insurers doing business in Oregon to provide commercial liability insurance to certain businesses and service providers on either an assigned risk basis or through a joint underwriting pool underwritten to standards adopted under the Insurance Code.

(2) “Market assistance plan” means a mechanism through which admitted casualty insurers in this state provide commercial liability insurance for classes of risks designated by the Director of the Department of Consumer and Business Services. [1987 c.774 §74]

Source: Section 735.205 — Definitions for ORS 735.200 to 735.260 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743b.221 — OR Code / Title 56 / Chapter 743b / Section 743b.221
743B.221 Assignment of beneficiaries to primary care providers
Status: in_force

(1) As used in this section, “primary care provider” means an individual licensed or certified in this state to provide outpatient, nonspecialty medical services or the coordination of health care for the purpose of:

(a) Promoting or maintaining mental and physical health and wellness; and

(b) Diagnosis, treatment or management of acute or chronic conditions caused by disease, injury or illness.

(2) An insurer offering an individual or group policy or certificate of health insurance that reimburses the cost of hospital, medical or surgical expenses, other than coverage limited to expenses from accidents or specific diseases and limited benefit coverage, must assign a beneficiary under the policy or certificate to a primary care provider if the beneficiary or a parent of a minor beneficiary has not selected a primary care provider by the 90th day of the plan year. If the insurer assigns the beneficiary to a primary care provider, the insurer shall provide notice of the assignment to the beneficiary or parent and to the primary care provider.

(3) A beneficiary may select a different primary care provider at any time.

(4) The Department of Consumer and Business Services shall adopt rules prescribing a methodology for assignment and attribution of beneficiaries, to ensure accuracy and agreement between insurers and providers. The rules must prioritize consumer choice, ensure collaboration between insurers and providers and be consistent with recommendations of the primary care payment reform collaborative described in section 2, chapter 575, Oregon Laws 2015. [2022 c.37 §8]

Note: The amendments to 743B.221 (Assignment of beneficiaries to primary care providers) by section 14, chapter 37, Oregon Laws 2022, become operative December 31, 2027. See section 5, chapter 575, Oregon Laws 2015, as amended by section 8, chapter 26, Oregon Laws 2016, section 19, chapter 489, Oregon Laws 2017, and section 15, chapter 37, Oregon Laws 2022. The text that is operative on and after December 31, 2027, is set forth for the user’s convenience.

743B.221 (Assignment of beneficiaries to primary care providers) . (1) As used in this section, “primary care provider” means an individual licensed or certified in this state to provide outpatient, nonspecialty medical services or the coordination of health care for the purpose of:

(a) Promoting or maintaining mental and physical health and wellness; and

(b) Diagnosis, treatment or management of acute or chronic conditions caused by disease, injury or illness.

(2) An insurer offering an individual or group policy or certificate of health insurance that reimburses the cost of hospital, medical or surgical expenses, other than coverage limited to expenses from accidents or specific diseases and limited benefit coverage, must assign a beneficiary under the policy or certificate to a primary care provider if the beneficiary or a parent of a minor beneficiary has not selected a primary care provider by the 90th day of the plan year. If the insurer assigns the beneficiary to a primary care provider, the insurer shall provide notice of the assignment to the beneficiary or parent and to the primary care provider.

(3) A beneficiary may select a different primary care provider at any time.

(4) The Department of Consumer and Business Services shall adopt rules prescribing a methodology for assignment and attribution of beneficiaries, to ensure accuracy and agreement between insurers and providers. The rules must prioritize consumer choice and ensure collaboration between insurers and providers.

Note: 743B.221 (Assignment of beneficiaries to primary care providers) 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.221 — Assignment of beneficiaries to primary care providers; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 735.405 — OR Code / Title 56 / Chapter 735 / Section 735.405
735.405 Definitions for ORS 735.400 to 735.495
Status: in_force

As used in ORS 735.400 (Purposes of ORS 735.400 to 735.495) to 735.495 (Short title) :

(1) “Admitted insurer” means an insurer authorized to do an insurance business in this state.

(2) “Affiliated group” means any group of entities that, with respect to an insured, exercise control over the insured, are under the control of the insured, or are under common control with the insured.

(3) “Capital” means funds paid in for stock or other evidence of ownership.

(4) “Control” means a situation where a controlling entity:

(a) Directly, or acting through one or more other persons, owns or has the power to vote 25 percent or more of any class of voting securities of the controlled entity; or

(b) Directs in any manner the election of a majority of directors or trustees of the controlled entity.

(5) “Eligible surplus lines insurer” means a nonadmitted insurer with which a surplus lines licensee may place surplus lines insurance.

(6) “Exempt commercial purchaser” means any person purchasing commercial insurance that, at the time of placement:

(a) Employs or retains a qualified risk manager to negotiate insurance coverage;

(b) Has paid aggregate nationwide commercial property and casualty insurance premiums in excess of $100,000 in the immediately preceding 12 months; and

(c) Meets at least one of the following criteria:

(A) The person possesses a net worth in excess of $10 million, as such amount is adjusted pursuant to ORS 735.406 (Cost of living adjustment to net worth, revenues and expenses of exempt commercial purchasers) .

(B) The person generates annual revenues in excess of $20 million, as such amount is adjusted pursuant to ORS 735.406 (Cost of living adjustment to net worth, revenues and expenses of exempt commercial purchasers) .

(C) The person employs more than 50 full-time or full-time equivalent employees for each insured or is a member of an affiliated group employing more than 100 employees in the aggregate.

(D) The person is a not-for-profit organization or public entity generating annual budgeted expenses of at least $30 million, as such amount is adjusted pursuant to ORS 735.406 (Cost of living adjustment to net worth, revenues and expenses of exempt commercial purchasers) .

(E) The person is a municipality with a population in excess of 50,000 individuals.

(7) “Export” means to place surplus lines insurance with a nonadmitted insurer.

(8) “Home state” means, with respect to an insured:

(a) The state in which an insured maintains the insured’s principal place of business or, in the case of an individual, the individual’s principal residence;

(b) If 100 percent of the insured risk is located out of the state described in paragraph (a) of this subsection, the state to which the greatest percentage of the insured’s taxable premium for that insurance contract is allocated; or

(c) If two or more insureds from an affiliated group are named as insureds on a single nonadmitted insurance contract, the state, as determined pursuant to paragraph (a) or (b) of this subsection, of the member of the affiliated group that has the greatest percentage of premium attributed to it under the insurance contract.

(9) “Kind of insurance” means one of the types of insurance required to be reported in the annual statement that must be filed with the Director of the Department of Consumer and Business Services by authorized insurers.

(10) “Nonadmitted insurer” means an insurer not authorized to do an insurance business in this state. “Nonadmitted insurer” includes insurance exchanges as authorized under the laws of various states. “Nonadmitted insurer” does not include a risk retention group as defined in ORS 735.305 (Definitions for ORS 735.300 to 735.365) .

(11) “Premium tax” means any tax, assessment or other charge imposed by this state directly or indirectly based upon any payment made as consideration for insurance in an insurance contract.

(12) “Producing insurance producer” means the individual insurance producer dealing directly with the party seeking insurance.

(13) “Qualified risk manager” means, with respect to a policyholder of commercial insurance, a person who meets all of the following requirements:

(a) The person is an employee of, or third party consultant retained by, the commercial policyholder.

(b) The person provides skilled services in:

(A) Loss prevention;

(B) Loss reduction; or

(C) Risk and insurance coverage analysis and purchase of insurance.

(c) The person has:

(A) A bachelor’s degree, from an accredited college or university, in risk management, business administration, finance, economics or any other field determined by an insurance commissioner or other regulatory official of this or any other state to demonstrate minimum competence in risk management, and has:

(i) Three years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; or

(ii) Any designation, certification or license issued by a national insurance certification organization that is determined by the Director of the Department of Consumer and Business Services to demonstrate minimum competency in risk management;

(B) At least seven years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance, and has a designation, certification or license specified in subparagraph (A)(ii) of this paragraph;

(C) At least 10 years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis or purchasing commercial lines of insurance; or

(D) A graduate degree, from an accredited college or university, in risk management, business administration, finance, economics or any other field determined by the director to demonstrate minimum competence in risk management.

(14) “Surplus” means funds over and above liabilities and capital of the insurer for the protection of policyholders.

(15) “Surplus lines licensee” means an insurance producer licensed under ORS chapter 744 to place insurance on Oregon home state risks with nonadmitted insurers. [1987 c.774 §118; 1991 c.810 §25; 2001 c.191 §44a; 2003 c.364 §38; 2011 c.660 §6]

Source: Section 735.405 — Definitions for ORS 735.400 to 735.495 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 734.410 — OR Code / Title 56 / Chapter 734 / Section 734.410
734.410 Levy of assessment
Status: in_force

(1) Upon the basis of the report provided for in ORS 734.400 (Report for assessment) , including any amendments thereof, the court, ex parte, may levy one or more assessments against all persons who, as shown by the records of the insurer, were members (in the case of a mutual insurer) or subscribers (in the case of a reciprocal insurer) at any time within one year prior to the commencement of the delinquency proceeding.

(2) Such assessment or assessments shall cover the excess of the probable liabilities over the reasonable value of the assets, together with the estimated cost of collection and percentage of uncollectibility thereof. The total of all assessments against any member or subscriber, with respect to any policy, whether levied pursuant to this chapter or pursuant to any other provisions of the Insurance Code, shall be no greater than the amount specified in the policy of the member or subscriber and as limited under the Insurance Code; except that, if the court finds that the policy was issued at a rate of premium below the minimum rate lawfully permitted for the risk insured, the court may determine the upper limit of such assessment on the basis of such minimum rate.

(3) No assessment shall be levied against any member or subscriber with respect to any nonassessable policy issued in accordance with the Insurance Code. [1967 c.359 §295]

Source: Section 734.410 — Levy of assessment; domestic mutual and reciprocal insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 744.870 — OR Code / Title 56 / Chapter 744 / Section 744.870
744.870 Compensation, bonuses and incentives
Status: in_force

ORS 744.860 (Definitions for ORS 744.860 to 744.870) to 744.870 (Compensation, bonuses and incentives) do not prohibit:

(1) An insurer from paying, or a licensee from receiving, a commission, fee or other compensation for selling the insurer’s insurance; or

(2) A licensee or owner from paying an employee or agent of the licensee or owner a bonus, incentive payment or other compensation if the bonus, incentive payment or compensation does not depend on the employee’s or agent’s selling insurance. [2013 c.280 §7]

Source: Section 744.870 — Compensation, bonuses and incentives , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 737.602 — OR Code / Title 56 / Chapter 737 / Section 737.602
737.602 Authorization for insurance for certain projects
Status: in_force

(1) As used in this section:

(a) “Project” means a construction project, a plant expansion or improvements within Oregon with an aggregate construction value in excess of $90 million that is to be completed within a defined period. The average construction value during the defined period of the project must be at least $18 million per year. “Project” does not mean a series of unrelated construction projects artificially aggregated to satisfy the $90 million requirement.

(b) “Project sponsor” means public bodies, utilities, corporations and firms undertaking to construct a project in excess of $90 million and conducting business in the State of Oregon.

(c) “Public body” has the meaning given the term in ORS 30.260 (Definitions for ORS 30.260 to 30.300) .

(2) Notwithstanding ORS 279C.530 (Condition concerning payment for medical care and providing workers’ compensation) , 656.126 (Coverage while temporarily in or out of state) , 737.600 (Fictitious grouping for rate purposes prohibited) or 746.160 (Practices injurious to free competition) , an insurer approved to transact insurance in this state, including the State Accident Insurance Fund Corporation or an insurer as defined in ORS 656.005 (Definitions) , may issue with the prior approval of the Director of the Department of Consumer and Business Services a policy of insurance covering the project sponsor, the prime contractor under a contract for the construction of the project, any contractors or subcontractors with whom the prime contractor may enter into contracts for the purpose of fulfilling its contractual obligations in construction of the project and any other contractors engaged by a project sponsor to provide architectural or other design services, engineering services, construction management services, other consulting services relating to the design and construction of the project or any combination thereof.

(3) The following provisions apply to premiums under a policy of insurance described in subsection (2) of this section:

(a) A project sponsor or a prime contractor may not charge a premium for coverage under a policy of insurance to a contractor or subcontractor with whom the project sponsor or prime contractor enters into a contract or engages for services described in subsection (2) of this section.

(b) A prime contractor may not charge a project sponsor a premium for coverage under a policy of insurance other than a premium approved by the director under ORS chapter 737 prior to or at the same time as the director approves the project to which the policy applies.

(c) Charging a premium prohibited by this subsection constitutes the unlawful transaction of insurance in violation of ORS 731.354 (Certificate of authority required) .

(4) The director, upon application of any insurer, shall approve the issuance of a policy of insurance to any grouping of the persons described in subsection (2) of this section if:

(a) The grouping was formed for the purpose of performing a contract or a series of related contracts for the design and construction of a project for the project sponsor;

(b) The project sponsor can reasonably demonstrate that the formation and operation of the grouping will substantially improve accident prevention and claims handling to the benefit of the project sponsor and the contractors and workers employed by the project sponsor on construction related projects;

(c) The established rating and auditing standards required by authorized advisory organizations and rating organizations are adhered to;

(d) The insurer for the grouping guarantees adequate protection to any other insurance producer that demonstrates that without such protection the producer will suffer losses that will constitute a threat to the continuation of the business of the producer;

(e) The insurer for the grouping guarantees insurance coverage of the classes of insurance issued to the grouping to any contractor who, because of participation in the group, has been unable to maintain the contractor’s normal coverage. The insurer’s obligation under this paragraph shall continue until 12 months after substantial completion of the contractor’s work;

(f) By permitting this grouping for a project sponsor, greater opportunities will be made available for historically underutilized businesses to bid on the project;

(g) The project insurers agree to provide not less than 90 days’ notice to all insured parties of the cancellation or any material reduction in coverage for the project;

(h) The insurance coverage for the grouping contains a severability of interest clause with respect to liability claims between individuals insured under the group policy and includes contractual liability coverage that applies to the various contracts and subcontracts entered into in connection with the project; and

(i) The insurer places with the Department of Consumer and Business Services a special deposit of $25,000 per $100 million of construction project value, or an amount prescribed by rule of the director, whichever is greater. [1995 c.169 §2; 1999 c.196 §12; 1999 c.482 §1; 2003 c.364 §98; 2003 c.794 §326; 2007 c.241 §28]

Note: 737.602 (Authorization for insurance for certain projects) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 737 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 737.602 — Authorization for insurance for certain projects; premiums; qualifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 742.252 — OR Code / Title 56 / Chapter 742 / Section 742.252
742.252 Mutual fire insurers
Status: in_force

Any member of a mutual fire insurer may withdraw at any time by surrendering the member’s policy to the insurer, giving written notice to the secretary of intention to withdraw and paying the member’s share of all losses which have accrued and all assessments then due, accrued or pending. [Formerly 744.450 and then 743.678]

Source: Section 742.252 — Mutual fire insurers; withdrawal of members , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 737.336 — OR Code / Title 56 / Chapter 737 / Section 737.336
737.336 Disapproval of filings by director
Status: in_force

(1) If within the waiting period or the extension thereof, if any, as provided in ORS 737.320 (Review of certain filings) (2), the Director of the Department of Consumer and Business Services finds that a filing does not meet the requirements of this chapter, the director shall send to the insurer or rating organization which made such filing written notice of disapproval of such filing, specifying therein in what respects the director finds such filing fails to meet the requirements and stating that such filing shall not become effective.

(2) If the director has reason to believe that an insurer or rating or advisory organization is not complying with the requirements and standards of this chapter other than the requirements and standards dealing with rates, rating plans or rating systems, unless the director has reason to believe such noncompliance is willful, the director shall give notice in writing to such insurer or rating or advisory organization stating in what manner such noncompliance is alleged to exist and specifying a reasonable time, not less than 10 days after the date of mailing, in which such noncompliance may be corrected. [1967 c.359 §313; 1969 c.690 §7; 1987 c.774 §144]

Source: Section 737.336 — Disapproval of filings by director; noncompliance with chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 731.768 — OR Code / Title 56 / Chapter 731 / Section 731.768
731.768 Privilege
Status: in_force

The privilege established under ORS 731.761 (Privileged information) does not apply to any of the following:

(1) Documents, communications, data, reports or other information expressly required to be collected, developed, maintained or reported to a regulatory agency under the Insurance Code or other state or federal law;

(2) Information obtained by observation or monitoring by any regulatory agency; or

(3) Information obtained from a source other than the insurance compliance audit. [2001 c.329 §7]

Source: Section 731.768 — Privilege; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 731.190 — OR Code / Title 56 / Chapter 731 / Section 731.190
731.190 “Title insurance.”
Status: in_force

“Title insurance” means insurance of owners of property or others having an interest therein or liens or encumbrances thereon, against loss by encumbrance, defective titles, invalidity or adverse claim to title. [1967 c.359 §42]

Source: Section 731.190 — “Title insurance.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 732.666 — OR Code / Title 56 / Chapter 732 / Section 732.666
732.666 Exemptions
Status: in_force

(1) An insurer is exempt from the requirements of ORS 732.650 (Definitions) to 732.689 (Retention of consultant to assist director’s review of corporate governance annual disclosure) if:

(a) The insurer has annual direct written and unaffiliated assumed premium of less than $500 million, including international direct and assumed premium but excluding premiums reinsured with the Federal Crop Insurance Corporation and National Flood Insurance Program; and

(b) The insurance group of which the insurer is a member has annual direct written and unaffiliated assumed premium of less than $1 billion, including international direct and assumed premium but excluding premiums reinsured with the Federal Crop Insurance Corporation and National Flood Insurance Program.

(2) If an insurer is exempt under subsection (1)(a) of this section, but the insurance group of which the insurer is a member is not exempt under subsection (1)(b) of this section, the own risk and solvency assessment summary report required under ORS 732.662 (Own risk and solvency summary report) must include every insurer within the insurance group. The insurer may satisfy this requirement by submitting more than one own risk and solvency assessment summary report for any combination of insurers, if the combination of reports includes every insurer within the insurance group.

(3) If an insurer is not exempt under subsection (1)(a) of this section but the insurance group of which the insurer is a member is exempt under subsection (1)(b) of this section, the only own risk and solvency assessment summary report required under ORS 732.662 (Own risk and solvency summary report) is the report that applies to the insurer.

(4) An insurer that is not exempt under subsection (1) of this section may apply to the Director of the Department of Consumer and Business Services for a waiver from the requirements of ORS 732.650 (Definitions) to 732.689 (Retention of consultant to assist director’s review of corporate governance annual disclosure) based upon unique circumstances. In deciding whether to grant the insurer’s request for a waiver, the director may consider the type and volume of business the insurer writes, the insurer’s ownership and organizational structure and any other factor the director considers relevant to the insurer or insurance group of which the insurer is a member. If the insurer is part of an insurance group with insurers that are domiciled in more than one state, the director shall coordinate with the lead state director and with the other domiciliary directors in considering whether to grant the insurer’s request for a waiver.

(5) Notwithstanding the exemptions stated in this section, the director may require an insurer to maintain a risk management framework, conduct an own risk and solvency assessment and file an own risk and solvency assessment summary report:

(a) Based on unique circumstances that include, but are not limited to, the type and volume of business the insurer writes, the insurer’s ownership and organizational structure, federal agency requests and international supervisor requests; or

(b) If the insurer has risk-based capital that falls into company action level, meets one or more of the standards the director established under ORS 731.385 (Standards for determining whether continued operation of insurer is hazardous) to determine whether an insurer is in hazardous financial condition or otherwise exhibits qualities that the director determines are characteristic of a troubled insurer.

(6) If an insurer that was exempt under subsection (1) of this section subsequently no longer qualifies for an exemption because of changes in premium that are reflected in the insurer’s most recent annual statement or in the most recent annual statements of insurers within the insurance group of which the insurer is a member, the insurer has one year after the date on which the insurer is no longer exempt to comply with ORS 732.650 (Definitions) to 732.689 (Retention of consultant to assist director’s review of corporate governance annual disclosure) . [2015 c.547 §7]

Note: See note under 732.650 (Definitions) .

Source: Section 732.666 — Exemptions; director’s requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 743b.422 — OR Code / Title 56 / Chapter 743b / Section 743b.422
743B.422 Utilization review requirements for medical services contracts to which insurer not party
Status: in_force

All utilization review performed pursuant to a medical services contract to which an insurer is not a party shall comply with the following:

(1) The criteria used in the review process and the method of development of the criteria shall be made available for review to a party to such medical services contract upon request.

(2) A physician licensed under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) shall be responsible for all final recommendations regarding the necessity or appropriateness of services or the site at which the services are provided and shall consult as appropriate with medical and mental health specialists in making such recommendations.

(3) Any patient or provider who has had a request for treatment or payment for services denied as not medically necessary or as experimental shall be provided an opportunity for a timely appeal before an appropriate medical consultant or peer review committee.

(4) Except as provided in subsection (5) of this section, a determination on a provider’s or an enrollee’s request for prior authorization of a nonemergency service must be issued within a reasonable period of time appropriate to the medical circumstances but no later than two business days after receipt of the request, and qualified health care personnel must be available for same-day telephone responses to inquiries concerning certification of continued length of stay.

(5) If additional information from an enrollee or a provider is necessary to make a determination on a request for prior authorization, no later than two business days after receipt of the request, the enrollee and the provider shall be notified in writing of the specific additional information needed to make the determination. The determination must be issued by the later of:

(a) Two business days after receipt of a response to the request for additional information; or

(b) Fifteen days after the date of the request for additional information unless otherwise provided by federal law. [Formerly 743.806; 2017 c.409 §38; 2019 c.284 §3; 2021 c.205 §12]

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

Source: Section 743B.422 — Utilization review requirements for medical services contracts to which insurer not party; right to appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743.303 — OR Code / Title 56 / Chapter 743 / Section 743.303
743.303 Requirements for issuance of group life insurance policies
Status: in_force

Policies of group life insurance are subject to the following requirements:

(1) The policy shall be issued upon the lives of persons who are associated in a common group formed for purposes other than the obtaining of insurance, except that either of the following kinds of policies may be issued to persons other than those in a common group:

(a) Group policies of credit life insurance; or

(b) Group policies of mortgage life insurance on first and second mortgages secured by real estate.

(2) No fewer than two lives are insured at the date of issue of the policy.

(3) The amounts of insurance under the policy shall be based on some plan precluding individual selection, except that optional supplemental insurance may be available to persons insured under the policy, if the amounts of such supplemental insurance are based upon age, salary, rank or similar objective standards.

(4) The premium for the policy must be paid from the funds of the group policyholder or from funds contributed by persons insured under the policy, or from both sources.

(5) For the purposes of this section, the term “mortgage” includes trust deeds.

(6) As used in this section, “trust deed” has the meaning given in ORS 86.705 (Definitions for ORS 86.705 to 86.815) . [1967 c.359 §412; 1971 c.231 §44; 1991 c.182 §4; 1993 c.426 §1; 2007 c.560 §2]

Source: Section 743.303 — Requirements for issuance of group life insurance policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.512 — OR Code / Title 56 / Chapter 731 / Section 731.512
731.512 Withdrawal of insurer
Status: in_force

(1) No insurer shall withdraw from this state until its direct liability to its policyholders and obligees under all its insurance policies then in force in this state has been assumed by another authorized insurer under an agreement approved by the Director of the Department of Consumer and Business Services. In the case of a life insurer, its liability pursuant to policies issued in this state in settlement of proceeds under its policies shall likewise be so assumed.

(2) The director may waive this requirement if the director finds upon examination that a withdrawing insurer then is fully solvent and that the protection to be given its policyholders in this state will not be impaired by the waiver.

(3) The assuming insurer within a reasonable time shall replace the assumed insurance policies with its own, or by indorsement thereon acknowledge its liability thereunder.

(4) This section is in addition to the requirements of ORS 732.517 (Purpose of ORS 732.517 to 732.546) to 732.546 (Severability) and 742.150 (Approval by director) to 742.162 (Transfer and novation of policy effected by director) . [1967 c.359 §105; 1995 c.30 §10]

Source: Section 731.512 — Withdrawal of insurer; reinsurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 746.991 — OR Code / Title 56 / Chapter 746 / Section 746.991
746.991 Penalties
Status: in_force

Violation of ORS 746.280 (Designation of particular motor vehicle repair shop by insurer prohibited) to 746.292 (Motor vehicle repair shops) is a Class D violation. [1977 c.785 §8; 1999 c.1051 §221]

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

Source: Section 746.991 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 734.051 — OR Code / Title 56 / Chapter 734 / Section 734.051
734.051 Actions by director during period of supervision
Status: in_force

During the period of supervision of an insurer, the Director of the Department of Consumer and Business Services may institute rehabilitation or liquidation proceedings, extend the period of supervision or take any other action under the authority of the director with respect to the insurer. [1989 c.425 §8]

Source: Section 734.051 — Actions by director during period of supervision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 742.354 — OR Code / Title 56 / Chapter 742 / Section 742.354
742.354 Reimbursement of public officials required to give bond or letter of credit
Status: in_force

Any state, county or municipal officer or officer of any school district, public board or public commission within this state, or any deputy employed in the office of any such official, who is required by law, ordinance, regulation or public policy to give a bond or letter of credit for the faithful performance of duties, shall be allowed a reasonable sum paid a surety insurer for becoming surety on the bond, or paid to a letter of credit issuer for issuing a letter of credit. Such sum shall not exceed one-half of one percent per annum of the amount of the bond or letter of credit. Such premium or fee shall be paid out of the proper state, county, municipal, district, board or commission funds. [Formerly 747.110 and then 743.738; 1991 c.331 §130]

Source: Section 742.354 — Reimbursement of public officials required to give bond or letter of credit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 742.595 — OR Code / Title 56 / Chapter 742 / Section 742.595
742.595 Assumption of liability
Status: in_force

(1) Notwithstanding any provision in the owner’s insurance policy and notwithstanding ORS chapters 742, 806, 822 and 825 and ORS 30.010 (Who may maintain action for injury or death of child) to 30.100 (Substitution of personal representative as party defendant) , 30.135 (Liability of certain persons that lend, rent, donate use of, make available for test drive or otherwise provide motor vehicle) , 30.480 (Limitation on liability of volunteers) and 30.485 (Apportionment of damages) , in the event of any loss or injury that occurs at any time when the vehicle is under the operation and control of a person, other than the vehicle’s registered owner, pursuant to a personal vehicle sharing program, or is otherwise under the control of a personal vehicle sharing program, the program shall assume all liability of the vehicle owner and shall be considered the vehicle owner for all purposes.

(2) Nothing in subsection (1) of this section:

(a) Limits the liability of a personal vehicle sharing program for any acts or omissions by the program that result in injury to any persons as a result of the use or operation of the program; or

(b) Limits the ability of the personal vehicle sharing program to, by contract, seek indemnification from the vehicle’s registered owner for any claims paid by the personal vehicle sharing program for any loss or injury resulting from fraud or material misrepresentation in the maintenance of the vehicle by the vehicle’s registered owner.

(3) A personal vehicle sharing program continues to be liable under subsection (1) of this section until:

(a) The vehicle is returned to a location designated by the program; and

(b) Intentionally left blank —Ed.

(A) The expiration of the time period established for the vehicle occurs;

(B) The intent to terminate the vehicle’s personal vehicle sharing use is verifiably communicated to the program; or

(C) The vehicle’s registered owner takes possession and control of the vehicle.

(4) Intentionally left blank —Ed.

(a) A personal vehicle sharing program shall assume liability for a claim in which a dispute exists as to who was in control of a private passenger motor vehicle when the loss giving rise to the claim occurred.

(b) The insurer of the vehicle shall indemnify the program to the extent of the insurer’s obligation under the owner’s insurance policy, if it is determined that the vehicle’s registered owner was in control of the vehicle at the time of the loss.

(5) If a private passenger motor vehicle’s registered owner is named as a defendant in a civil action for any loss or injury that occurs at any time when the vehicle is under the operation and control of a person, other than the vehicle’s registered owner, pursuant to a personal vehicle sharing program, or is otherwise under the control of a personal vehicle sharing program, the program shall have the duty to defend and indemnify the vehicle’s registered owner.

(6) Notwithstanding any provision in the owner’s insurance policy, while the vehicle is under the operation and control of a person, other than the vehicle’s registered owner, pursuant to a personal vehicle sharing program, or is otherwise under the control of a personal vehicle sharing program:

(a) The insurer of the vehicle on file with the Department of Transportation may exclude any and all coverage afforded under the insurer’s policy; and

(b) A primary or excess insurer of the owners, operators or maintainers of the vehicle may notify an insured that the insurer has no duty to defend or indemnify any person or organization for liability for any loss that occurs during use of the vehicle pursuant to a personal vehicle sharing program.

(7) An owner’s insurance policy for a private passenger motor vehicle may not be canceled, voided, terminated, rescinded or nonrenewed solely on the basis that the vehicle has been made available for personal vehicle sharing pursuant to a personal vehicle sharing program that is in compliance with the provisions of ORS 742.585 (Definitions for ORS 742.585 to 742.600) to 742.600 (Limitation on insurance policy reclassification for personal vehicle sharing program vehicle) . [2011 c.457 §4]

Note: See note under 742.585 (Definitions for ORS 742.585 to 742.600) .

Source: Section 742.595 — Assumption of liability; exceptions; indemnification; prohibition on policy cancellation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743.180 — OR Code / Title 56 / Chapter 743 / Section 743.180
743.180 Misstatement of age
Status: in_force

A life insurance policy shall contain a provision that if it is found at any time before final settlement under the policy that the age of the insured or of any other person whose age is considered in determining the premium or benefit accruing under the policy has been misstated, the amount payable or benefit accruing under the policy shall be such as the premium would have purchased at the correct age or ages, or the premium may be adjusted and credit given to the insured or to the insurer, according to the insurer’s published rate at date of issue. [1967 c.359 §382]

Source: Section 743.180 — Misstatement of age , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.510 — OR Code / Title 56 / Chapter 731 / Section 731.510
731.510 Criteria for allowing reduction from liability for reinsurance
Status: in_force

(1) Subject to the provisions of ORS 731.508 (Approved reinsurance) relating to allowance of credit for reinsurance, the Director of the Department of Consumer and Business Services shall allow a reduction from liability for the reinsurance a domestic insurer cedes to a reinsurer that does not meet the requirements of ORS 731.509 (Legislative intent) in an amount that does not exceed the liabilities the ceding insurer carries, as provided in this section. The reduction must be in the amount of funds held by or on behalf of the ceding insurer, including funds a reinsurer holds in trust for the ceding insurer as security for payment of obligations under a reinsurance contract with the reinsurer, if the security:

(a) Is held in the United States subject to withdrawal solely by and under the exclusive control of the ceding insurer; or

(b) In the case of a trust, is held in a qualified United States financial institution. For purposes of this paragraph, a qualified United States financial institution is an institution that:

(A) Is organized, or, in the case of a United States branch or agency office of a foreign banking organization, is licensed, under the laws of the United States or any state and has been granted authority to operate with fiduciary powers; and

(B) Is regulated, supervised and examined by federal or state authorities having regulatory authority over banks and trust companies.

(2) The security for purposes of subsection (1) of this section may be in any of the following forms:

(a) Cash.

(b) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners and qualifying as allowed assets.

(c) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States financial institution, effective not later than December 31 of the year for which filing is being made, and in the possession of, or in trust for, the ceding company on or before the filing date of the ceding company’s annual statement. Letters of credit issued or confirmed by an institution meeting applicable standards of issuer acceptability as of the dates of issuance or confirmation of the letters of credit are acceptable as security, notwithstanding the subsequent failure of the issuing or confirming institution to meet applicable standards of issuer acceptability, until the letters of credit expire or are extended, renewed, modified or amended, whichever occurs first. For purposes of this paragraph, a qualified United States financial institution is an institution that:

(A) Is organized or, in the case of a United States office of a foreign banking organization, is licensed, under the laws of the United States or any state;

(B) Is regulated, supervised and examined by United States federal or state authorities having regulatory authority over banks and trust companies; and

(C) Has been determined by the director to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the director. For the purpose of making a determination under this subparagraph, the director shall consider and may accept determinations made by the Securities Valuation Office of the National Association of Insurance Commissioners as to whether a financial institution meets the office’s standards of financial conditions and standing.

(d) Any other form of security acceptable to the director.

(3) The director by rule may specify additional requirements for:

(a) Valuing assets or reserve credits;

(b) Setting the amount and forms of security to support reinsurance arrangements; and

(c) The circumstances under which the director will reduce or eliminate credit.

(4) In addition to the authority of the director described in subsection (3) of this section, the director by rule may adopt guidelines, rules, regulations or interpretive letters from the National Association of Insurance Commissioners that apply to reinsurance collateral requirements for alien reinsurers. [1993 c.447 §66; 2001 c.318 §16; 2019 c.151 §22]

Source: Section 731.510 — Criteria for allowing reduction from liability for reinsurance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 750.315 — OR Code / Title 56 / Chapter 750 / Section 750.315
750.315 Maintenance of reserves
Status: in_force

(1) For purposes of carrying out a multiple employer welfare arrangement, a trust shall maintain adequate reserves. Reserves must be held in cash or obligations guaranteed by the United States or invested in a registered investment company and invested exclusively in cash or obligations guaranteed by the United States. Reserves must be calculated with proper actuarial calculations of all of the following:

(a) Known claims, paid and outstanding.

(b) A history of incurred but not reported claims.

(c) Claims handling expenses.

(d) Unearned contributions.

(e) An estimate for bad debts.

(f) A trend factor.

(2) Each multiple employer welfare arrangement shall submit annually to the Director of the Department of Consumer and Business Services an opinion of a qualified actuary as provided in this subsection. The opinion shall determine the adequacy of reserves of the multiple employer welfare arrangement. The director by rule shall adopt requirements for the actuarial opinion and standards on which the opinion must be based. In adopting the standards, the director shall consider standards established by the National Association of Insurance Commissioners in its instructions for annual statements. The director by rule shall also define “qualified actuary” for purposes of this subsection by establishing qualifications required of an actuary for the purpose of giving the opinion. In establishing the definition, the director shall consider standards established from time to time by the American Academy of Actuaries. [1993 c.615 §9; 1995 c.166 §1]

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

Source: Section 750.315 — Maintenance of reserves; actuarial opinion; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 743a.012 — OR Code / Title 56 / Chapter 743a / Section 743a.012
743A.012 Emergency services
Status: in_force

(1) As used in this section:

(a) “Behavioral health assessment” means an evaluation by a behavioral health clinician, in person or using telemedicine, to determine a patient’s need for immediate crisis stabilization.

(b) “Behavioral health clinician” means:

(A) A licensed psychiatrist;

(B) A licensed psychologist;

(C) A licensed nurse practitioner with a specialty in psychiatric mental health;

(D) A licensed clinical social worker;

(E) A licensed professional counselor or licensed marriage and family therapist;

(F) A certified clinical social work associate;

(G) An intern or resident who is working under a board-approved supervisory contract in a clinical mental health field; or

(H) Any other clinician whose authorized scope of practice includes mental health diagnosis and treatment.

(c) “Behavioral health crisis” means a disruption in an individual’s mental or emotional stability or functioning resulting in an urgent need for immediate outpatient treatment in an emergency department or admission to a hospital to prevent a serious deterioration in the individual’s mental or physical health.

(d) “Emergency medical condition” means a medical condition:

(A) That manifests itself by acute symptoms of sufficient severity, including severe pain, that a prudent layperson possessing an average knowledge of health and medicine would reasonably expect that failure to receive immediate medical attention would:

(i) Place the health of a person, or an unborn child in the case of a pregnant woman, in serious jeopardy;

(ii) Result in serious impairment to bodily functions; or

(iii) Result in serious dysfunction of any bodily organ or part;

(B) With respect to a pregnant woman who is having contractions, for which there is inadequate time to effect a safe transfer to another hospital before delivery or for which a transfer may pose a threat to the health or safety of the woman or the unborn child; or

(C) That is a behavioral health crisis.

(e) “Emergency medical screening exam” means the medical history, examination, ancillary tests and medical determinations required to ascertain the nature and extent of an emergency medical condition.

(f) “Emergency medical service provider” has the meaning given that term in ORS 682.025 (Definitions) .

(g) “Emergency medical services transport” means an emergency medical services provider’s evaluation and stabilization of an individual experiencing a medical emergency and the transportation of the individual to the nearest medical facility capable of meeting the needs of the individual.

(h) “Emergency services” means, with respect to an emergency medical condition:

(A) An emergency medical services transport;

(B) An emergency medical screening exam or behavioral health assessment that is within the capability of the emergency department of a hospital, including ancillary services routinely available to the emergency department to evaluate such emergency medical condition; and

(C) Such further medical examination and treatment as are required under 42 U.S.C. 1395dd to stabilize a patient, to the extent the examination and treatment are within the capability of the staff and facilities available at a hospital.

(i) “Grandfathered health plan” has the meaning given that term in ORS 743B.005 (Definitions) .

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

(k) “Prior authorization” has the meaning given that term in ORS 743B.001 (Definitions) .

(L) “Stabilize” means to provide medical treatment as necessary to:

(A) Ensure that, within reasonable medical probability, no material deterioration of an emergency medical condition is likely to occur during or to result from the transfer of the patient to or from a facility; and

(B) With respect to a pregnant woman who is in active labor, to perform the delivery, including the delivery of the placenta.

(2) All insurers offering a health benefit plan shall provide coverage without prior authorization for emergency services.

(3) A health benefit plan, other than a grandfathered health plan, must provide coverage required by subsection (2) of this section:

(a) For the services of participating providers, without regard to any term or condition of coverage other than:

(A) The coordination of benefits;

(B) An affiliation period or waiting period permitted under part 7 of the Employee Retirement Income Security Act, part A of Title XXVII of the Public Health Service Act or chapter 100 of the Internal Revenue Code;

(C) An exclusion other than an exclusion of emergency services; or

(D) Applicable cost-sharing; and

(b) For the services of a nonparticipating provider:

(A) Without imposing any administrative requirement or limitation on coverage that is more restrictive than requirements or limitations that apply to participating providers;

(B) Without imposing a copayment amount or coinsurance rate that exceeds the amount or rate for participating providers;

(C) Without imposing a deductible, unless the deductible applies generally to nonparticipating providers; and

(D) Subject only to an out-of-pocket maximum that applies to all services from nonparticipating providers.

(4) All insurers offering a health benefit plan shall provide information to enrollees in plain language regarding:

(a) What constitutes an emergency medical condition;

(b) The coverage provided for emergency services;

(c) How and where to obtain emergency services; and

(d) The appropriate use of 9-1-1.

(5) An insurer offering a health benefit plan may not discourage appropriate use of 9-1-1 and may not deny coverage for emergency services when 9-1-1 is used.

(6) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [Formerly 743.699; 2011 c.500 §38; 2017 c.273 §4; 2019 c.358 §41; 2021 c.312 §1]

Source: Section 743A.012 — Emergency services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 734.150 — OR Code / Title 56 / Chapter 734 / Section 734.150
734.150 Grounds for rehabilitation of domestic insurers
Status: in_force

The Director of the Department of Consumer and Business Services may apply for an order directing the director to rehabilitate a domestic insurer on one or more of the following grounds:

(1) The insurer is impaired.

(2) The insurer has failed to submit its books, papers, accounts or affairs to the reasonable inspection and examination of the director.

(3) Without first obtaining the written consent of the director, the insurer has by contract of reinsurance, or otherwise, transferred or attempted to transfer substantially its entire property or business, or has entered into any transaction the effect of which is to merge, consolidate or reinsure substantially its entire property or business in or with the property or business of any other person, without first having complied with ORS 732.517 (Purpose of ORS 732.517 to 732.546) to 732.546 (Severability) and 742.150 (Approval by director) to 742.162 (Transfer and novation of policy effected by director) .

(4) The insurer is in such condition that its further transaction of business would be hazardous to its policyholders, creditors, stockholders or the public.

(5) The insurer has violated its articles of incorporation, its bylaws, any law of this state or any order of the director.

(6) Any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director or trustee, employee or other person, has refused to be examined under oath by the director concerning its affairs, whether in this state or elsewhere, and after reasonable notice of the fact, the insurer has not promptly and effectively terminated the employment and status of the person and all influence of the person on management.

(7) The insurer or its property has been or is the subject of an application for the appointment of a receiver, trustee, custodian, conservator or sequestrator or similar fiduciary of the insurer or of its property other than as authorized under the Insurance Code, and the appointment has been made or is imminent, and the appointment might deprive the courts of this state of jurisdiction or might prejudice orderly delinquency proceedings.

(8) The insurer has consented to such an order through a majority of its directors, stockholders, members or subscribers.

(9) The insurer has failed to pay any obligation to any state or any subdivision thereof or any final judgment rendered against it in any state within 60 days after the judgment became final or within 60 days after time for taking an appeal has expired, or within 60 days after dismissal of an appeal before final determination, whichever date is the later, if the court in which the judgment was entered had jurisdiction over the subject matter.

(10) The insurer has had its certificate of authority to transact insurance in this state revoked.

(11) There is reasonable cause to believe that there has been embezzlement from the insurer, wrongful sequestration or diversion of the insurer’s assets, forgery or fraud affecting the insurer or other illegal conduct in, by or with respect to the insurer that if established would endanger assets in an amount threatening the solvency of the insurer.

(12) The insurer has failed to remove any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director or trustee, employee or other person, if the person has been found by the director to be dishonest or untrustworthy in a way affecting the insurer’s business.

(13) Control of the insurer, whether by stock ownership or otherwise, and whether direct or indirect, is in a person or persons found to be untrustworthy.

(14) The insurer has failed to file its annual report or other financial report required by statute within the time allowed by law or within any additional time allowed by the director. [Formerly 738.450; 1993 c.447 §96; 1995 c.30 §11]

Source: Section 734.150 — Grounds for rehabilitation of domestic insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743.684 — OR Code / Title 56 / Chapter 743 / Section 743.684
743.684 Filing of policy
Status: in_force

(1) Every insurer providing group Medicare supplement insurance benefits to a resident of this state pursuant to ORS 743.682 (Application of ORS 743.680 to 743.689) shall file a copy of the master policy and any certificate used in this state in accordance with the filing requirements and procedures applicable to group Medicare supplement policies issued in this state. However, no insurer shall be required to make a filing earlier than 30 days after insurance was provided to a resident of this state under a master policy issued for delivery outside this state.

(2) Medicare supplement policies shall return benefits which are reasonable in relation to the premium charged. The Director of the Department of Consumer and Business Services shall adopt by rule minimum standards for loss ratios of Medicare supplement policies on the basis of incurred claims experience, or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices. Every entity providing Medicare supplement policies or certificates in this state shall file annually its rates, rating schedule and supporting documentation demonstrating that it is in compliance with the applicable loss ratio standards of this state. All filings of rates and rating schedules shall demonstrate that the actual and expected losses in relation to premiums comply with the requirements of ORS 743.680 (Definitions for ORS 743.680 to 743.689) to 743.689 (Director’s authority upon violation of ORS 743.680 to 743.689) .

(3) No entity shall provide compensation to insurance producers which is greater than the renewal compensation which would have been paid on an existing policy if the existing policy is replaced by another policy with the same company where the new policy benefits are substantially similar to the benefits under the old policy and the old policy was issued by the same insurer or insurer group. [1989 c.255 §5; 2003 c.364 §111]

Source: Section 743.684 — Filing of policy; loss ratio standards; insurance producer compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 751.002 — OR Code / Title 56 / Chapter 751 / Section 751.002
751.002 Creation of comprehensive plan to finance and administer Universal Health Plan
Status: repealed

(1) As used in this section, “single payer health care financing system” means a universal system used by the state to pay the cost of health care services and goods in which:

(a) Institutional providers are paid directly for health care services or goods by the state or paid by an administrator that does not bear risk in contracting with the state;

(b) Institutional providers are paid with global budgets that separate capital budgets, established through regional planning, and operational budgets;

(c) Group practices are paid directly for health care services or goods by the state, by an administrator that does not bear risk in contracting with the state, by the employer of the group practice or by an institutional provider; and

(d) Individual health care providers are paid directly for health care services or goods by the state, by their employers, by an administrator that does not bear risk in contracting with the state, by an institutional provider or by a group practice.

(2) The Universal Health Plan Governance Board established in ORS 751.001 (Universal Health Plan Governance Board) shall create a comprehensive plan to finance and administer a Universal Health Plan that is responsive to the needs and expectations of the residents of this state by:

(a) Improving the health status of individuals, families and communities;

(b) Defending against threats to the health of the residents of this state;

(c) Protecting individuals from the financial consequences of ill health;

(d) Providing equitable access to person-centered care;

(e) Removing cost as a barrier to accessing health care;

(f) Removing any financial incentive for a health care practitioner to provide care to one patient rather than another;

(g) Making it possible for individuals to participate in decisions affecting their health and the health system;

(h) Establishing measurable health care goals and guidelines that align with other state and federal health standards;

(i) Promoting continuous quality improvement and fostering interorganizational collaboration; and

(j) Focusing on coverage of evidence-based health care and services.

(3) In developing the comprehensive plan and the recommendations to the Legislative Assembly under subsection (4) of this section, the board shall:

(a) Consider, at a minimum, the following values:

(A) Health care, as a fundamental element of a just society, must be secured for all individuals on an equitable basis by public means, similar to public education, public safety and public infrastructure;

(B) Race, color, national origin, age, disability, wealth, income, citizenship status, primary language, genetic conditions, previous or existing medical conditions, religion or sex, including sex stereotyping, gender identity, sexual orientation and pregnancy and pregnancy-related medical conditions may not create barriers to health care nor result in disparities in health outcomes due to the lack of access to care;

(C) The components of the Universal Health Plan must be accountable and fully transparent to the public regarding information, decision-making and management through meaningful public participation; and

(D) Funding for the Universal Health Plan is a public trust and any savings or excess revenue must be returned to the public trust;

(b) Consider, at a minimum, the following principles:

(A) A participant in the Universal Health Plan may choose any individual provider who is licensed, certified or registered in this state or may choose any group practice;

(B) The plan may not discriminate against any individual health care provider who is licensed, certified or registered in this state to provide services covered by the plan and who is acting within the provider’s scope of practice;

(C) A participant in the plan and the participant’s health care provider shall determine, within the scope of services covered within each category of care and within the plan’s parameters for standards of care and requirements for prior authorization, whether a service or good is medically necessary or medically appropriate for the participant; and

(D) The plan shall cover health care services and goods from birth to death, based on evidence-informed decisions as determined by the board;

(c) Assess the readiness of key health care and public institutions to carry out the plan and collaborate with state agencies, including the Oregon Health Authority and the Department of Human Services, to determine how the agencies’ existing systems will integrate with the Universal Health Plan;

(d) Consider the recommendations of the Joint Task Force on Universal Health Care in the report approved by the task force on September 29, 2022, including the recommendations to establish a single payer health care financing system that are consistent with subsection (1) of this section;

(e) Identify statutory authorities and information technology infrastructure needed for overall plan operations;

(f) Evaluate how to work with the nine federally recognized Indian tribes in Oregon and existing boards, commissions and councils concerned with health care and health insurance;

(g) Work collaboratively with partners across the complexities of the health care system, including hospitals, health care providers, insurers and coordinated care organizations, to build a sustainable health care financing system that delivers care equitably;

(h) Engage with regional organizations to identify strategies to reduce the complexities and administrative burdens on participants in the health care workforce and to otherwise address workforce challenges;

(i) Study and address the impacts of the Universal Health Plan with respect to specific types of employers;

(j) Design the administrative and financing structure for the Universal Health Plan;

(k) Engage with the Governor’s office, the Oregon Health Authority and federal authorities to ascertain and describe, if not yet in federal or state law, necessary federal waivers or other options to secure federal and state funding and to implement the Universal Health Plan;

(L) Include a plan to create a Universal Health Plan Trust Fund in the State Treasury, separate and distinct from the General Fund, consisting of moneys from all sources, public and private, that are allocated to or deposited to the Universal Health Plan Trust Fund for the purpose of financing the planning for and the administration and operation of the Universal Health Plan by the Universal Health Plan Governance Board, with any moneys in the Universal Health Plan Trust Fund at the end of the biennium being retained in the Universal Health Plan Trust Fund;

(m) Include a plan to create an independent public corporation that shall exercise and carry out all powers, rights and privileges that are:

(A) Expressly conferred upon the board;

(B) Incident to such powers, rights and privileges; or

(C) Implied by law; and

(n) Ensure that the proposed plan will include all Oregon residents equitably.

(4) No later than September 15, 2026, the Universal Health Plan Governance Board shall present to the interim committees of the Legislative Assembly related to health, in the manner provided in ORS 192.245 (Form of report to legislature) , and to the Governor, a comprehensive plan for the implementation of the Universal Health Plan. [2023 c.613 §2]

Note: The amendments to 751.002 (Creation of comprehensive plan to finance and administer Universal Health Plan) by section 5, chapter 613, Oregon Laws 2023, become operative January 2, 2028. See section 6, chapter 613, Oregon Laws 2023. The text that is operative on and after January 2, 2028, is set forth for the user’s convenience.

751.002 (Creation of comprehensive plan to finance and administer Universal Health Plan) . (1) As used in this section, “single payer health care financing system” means a universal system used by the state to pay the cost of health care services and goods in which:

(a) Institutional providers are paid directly for health care services or goods by the state or paid by an administrator that does not bear risk in contracting with the state;

(b) Institutional providers are paid with global budgets that separate capital budgets, established through regional planning, and operational budgets;

(c) Group practices are paid directly for health care services or goods by the state, by an administrator that does not bear risk in contracting with the state, by the employer of the group practice or by an institutional provider; and

(d) Individual health care providers are paid directly for health care services or goods by the state, by their employers, by an administrator that does not bear risk in contracting with the state, by an institutional provider or by a group practice.

(2) The Universal Health Plan Governance Board established in ORS 751.001 (Universal Health Plan Governance Board) shall create a comprehensive plan to finance and administer a Universal Health Plan that is responsive to the needs and expectations of the residents of this state by:

(a) Improving the health status of individuals, families and communities;

(b) Defending against threats to the health of the residents of this state;

(c) Protecting individuals from the financial consequences of ill health;

(d) Providing equitable access to person-centered care;

(e) Removing cost as a barrier to accessing health care;

(f) Removing any financial incentive for a health care practitioner to provide care to one patient rather than another;

(g) Making it possible for individuals to participate in decisions affecting their health and the health system;

(h) Establishing measurable health care goals and guidelines that align with other state and federal health standards;

(i) Promoting continuous quality improvement and fostering interorganizational collaboration; and

(j) Focusing on coverage of evidence-based health care and services.

(3) In developing the comprehensive plan, the board shall:

(a) Consider, at a minimum, the following values:

(A) Health care, as a fundamental element of a just society, must be secured for all individuals on an equitable basis by public means, similar to public education, public safety and public infrastructure;

(B) Race, color, national origin, age, disability, wealth, income, citizenship status, primary language, genetic conditions, previous or existing medical conditions, religion or sex, including sex stereotyping, gender identity, sexual orientation and pregnancy and pregnancy-related medical conditions may not create barriers to health care nor result in disparities in health outcomes due to the lack of access to care;

(C) The components of the Universal Health Plan must be accountable and fully transparent to the public regarding information, decision-making and management through meaningful public participation; and

(D) Funding for the Universal Health Plan is a public trust and any savings or excess revenue must be returned to the public trust;

(b) Consider, at a minimum, the following principles:

(A) A participant in the Universal Health Plan may choose any individual provider who is licensed, certified or registered in this state or may choose any group practice;

(B) The plan may not discriminate against any individual health care provider who is licensed, certified or registered in this state to provide services covered by the plan and who is acting within the provider’s scope of practice;

(C) A participant in the plan and the participant’s health care provider shall determine, within the scope of services covered within each category of care and within the plan’s parameters for standards of care and requirements for prior authorization, whether a service or good is medically necessary or medically appropriate for the participant; and

(D) The plan shall cover health care services and goods from birth to death, based on evidence-informed decisions as determined by the board;

(c) Assess the readiness of key health care and public institutions to carry out the plan and collaborate with state agencies, including the Oregon Health Authority and the Department of Human Services, to determine how the agencies’ existing systems will integrate with the Universal Health Plan;

(d) Identify statutory authorities and information technology infrastructure needed for overall plan operations;

(e) Evaluate how to work with the nine federally recognized Indian tribes in Oregon and existing boards, commissions and councils concerned with health care and health insurance;

(f) Work collaboratively with partners across the complexities of the health care system, including hospitals, health care providers, insurers and coordinated care organizations, to identify strategies that allow employers the choice to continue offering benefits, establish a revenue system in which employers would contribute to the cost of health care for all Oregonians while retaining the flexibility to offer self-funded health plans to employees and build a sustainable health care financing system that delivers care equitably;

(g) Engage with regional organizations to identify strategies to reduce the complexities and administrative burdens on participants in the health care workforce and to otherwise address workforce challenges;

(h) Study and address the impacts of the Universal Health Plan with respect to specific types of employers;

(i) Design the administrative and financing structure for the Universal Health Plan;

(j) Engage with the Governor’s office, the Oregon Health Authority and federal authorities to ascertain and describe, if not yet in federal or state law, necessary federal waivers or other options to secure federal and state funding and to implement the Universal Health Plan;

(k) Include a plan to create a Universal Health Plan Trust Fund in the State Treasury, separate and distinct from the General Fund, consisting of moneys from all sources, public and private, that are allocated to or deposited to the Universal Health Plan Trust Fund for the purpose of financing the planning for and the administration and operation of the Universal Health Plan by the Universal Health Plan Governance Board, with any moneys in the Universal Health Plan Trust Fund at the end of the biennium being retained in the Universal Health Plan Trust Fund;

(L) Include a plan to create an independent public corporation that shall exercise and carry out all powers, rights and privileges that are:

(A) Expressly conferred upon the board;

(B) Incident to such powers, rights and privileges; or

(C) Implied by law; and

(m) Ensure that the proposed plan will include all Oregon residents equitably.

Note: Sections 4 and 7, chapter 613, Oregon Laws 2023, provide:

Sec. 4. (1) Notwithstanding the term of office specified by section 1 of this 2023 Act [ 751.001 (Universal Health Plan Governance Board) ], of the members first appointed to the Universal Health Plan Governance Board:

(a) Two shall serve for terms ending January 2, 2025.

(b) Two shall serve for terms ending January 2, 2026.

(c) Two shall serve for terms ending January 2, 2027.

(d) Three shall serve for terms ending January 2, 2028.

(2) Notwithstanding section 1 (11) of this 2023 Act, the Governor shall appoint an executive director of the board and fix the compensation of the executive director in accordance with ORS chapter 240 without undue delay after the effective date of this 2023 Act [August 4, 2023] who shall serve at the pleasure of the Governor until the full board has been appointed by the Governor and confirmed by the Senate. [2023 c.613 §4]

Sec. 7. Section 4 of this 2023 Act is repealed on January 2, 2028. [2023 c.613 §7]

Source: Section 751.002 — Creation of comprehensive plan to finance and administer Universal Health Plan; report to interim committees of Legislative Assembly related to health , https://www.­oregonlegislature.­gov/bills_laws/ors/ors751.­html (accessed May 26, 2025).
ORS § 731.324 — OR Code / Title 56 / Chapter 731 / Section 731.324
731.324 Service of process on Secretary of State
Status: in_force

(1) Any act set forth in ORS 731.146 (“Transact insurance.”) by an unauthorized insurer is equivalent to and shall constitute an irrevocable appointment by such insurer, binding upon the insurer, the executor of the insurer or administrator, or successor in interest if a corporation, of the Secretary of State or the successor in office, to be the true and lawful attorney of such insurer. All lawful process in any action in any court by the Director of the Department of Consumer and Business Services or by the state and any notice, order, pleading or process in any proceeding before the director which arises out of transacting insurance in this state by such insurer may be served upon the Secretary of State or the successor in office. Transacting insurance in this state by an unauthorized insurer shall be signification of its agreement that lawful process in a court action and any notice, order, pleading, or process in an administrative proceeding before the director so served shall be of the same legal force and validity as personal service of process in this state upon such insurer.

(2) Service of process in such action shall be made by delivering to and leaving with the Secretary of State, or one of the assistants, two copies of the document served and by payment to the Secretary of State of the fee prescribed by law. Service upon the Secretary of State shall be service upon the principal.

(3) The Secretary of State shall forward by certified mail one of the copies of such process or such notice, order, pleading, or process in proceedings before the director to the defendant in such court proceeding or to whom the notice, order, pleading, or process in such administrative proceeding is addressed or directed at its last-known principal place of business and shall keep a record of all process so served on the defendant. Such record shall show the day and hour of service. Service is sufficient, provided:

(a) Notice of service and a copy of the court process or the notice, order, pleading, or process in the administrative proceeding are sent within 10 days thereafter by certified mail by the plaintiff or the plaintiff’s attorney in the court proceeding or by the director in the administrative proceeding to the defendant at the last-known principal place of business of the defendant.

(b) The defendant’s receipt or receipts issued by the post office with which the letter is certified or registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiff’s attorney in court proceeding or of the director in administrative proceeding, showing compliance therewith are filed with the clerk of the court in which such action is pending or with the director in administrative proceedings, on or before the date the defendant in the court or administrative proceeding is required to appear or respond thereto, or within such further time as the court or director may allow.

(4) No plaintiff shall be entitled to a judgment or a determination by default in any court or administrative proceeding in which court process or notice, order, pleading, or process in proceedings before the director is served under this section until the expiration of 45 days after the date of filing of the affidavit of compliance.

(5) Nothing in this section shall limit or affect the right to serve any process, notice, order, or demand upon any person or insurer in any other manner now or hereafter permitted by law. [1969 c.336 §3]

Source: Section 731.324 — Service of process on Secretary of State; notice to unauthorized insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743.447 — OR Code / Title 56 / Chapter 743 / Section 743.447
743.447 Optional provisions
Status: in_force

Except as provided in ORS 742.021 (Standard provisions in general) , provisions in a health insurance policy respecting the matters set forth in ORS 743.450 (Change of occupation) to 743.477 (Illegal occupation) shall be in the words that appear in such sections. Any such provision contained in the policy shall be preceded individually by the appropriate caption appearing in such sections or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the Director of the Department of Consumer and Business Services may approve. [1967 c.359 §441; 2011 c.9 §93]

Source: Section 743.447 — Optional provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.484 — OR Code / Title 56 / Chapter 731 / Section 731.484
731.484 Prohibition on certain sales related to group health and group life insurance
Status: in_force

(1) No insurer or insurance producer selling a policy of group life insurance or group health insurance subject to the exemption in ORS 731.146 (“Transact insurance.”) (2)(b) is authorized to sell membership in a group for the purpose of qualifying an applicant who is an individual for the insurance.

(2) No insurer or insurance producer selling membership in a group is authorized to offer a policy of group life insurance or group health insurance subject to the exemption in ORS 731.146 (“Transact insurance.”) (2)(b) for the purpose of selling membership in the group. [1989 c.784 §2; 2003 c.364 §72; 2007 c.752 §§2,7]

Source: Section 731.484 — Prohibition on certain sales related to group health and group life insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 735.490 — OR Code / Title 56 / Chapter 735 / Section 735.490
735.490 Jurisdiction in action against insurer
Status: in_force

(1) An insurer transacting insurance on an Oregon home state risk under the provisions of ORS 735.400 (Purposes of ORS 735.400 to 735.495) to 735.495 (Short title) may be sued upon any cause of action, arising under any policy of insurance so issued and delivered by it, in the courts for the county where the insurance producer who registered or delivered the policy resides or transacts business, by the service of summons and complaint made upon the insurance producer for the insurer.

(2) Any insurance producer served with summons and complaint in any such cause shall forthwith mail the summons and complaint, or a true and complete copy thereof, by registered or certified mail with proper postage affixed and properly addressed, to the insurer being sued.

(3) The insurer shall have 40 days from the date of the service of the summons and complaint upon the insurance producer in which to plead, answer or defend any such cause.

(4) Upon service of summons and complaint upon the insurance producer for the insurer, the court in which the action is begun shall be deemed to have duly acquired personal jurisdiction of the defendant insurer so served.

(5) An insurer and policyholder may agree to waive the provisions of subsections (1) to (4) of this section governing service and venue with respect to a surplus lines insurance contract for commercial property and casualty risk if the waiver is specifically referred to in the contract or in an indorsement attached to the contract. [1987 c.774 §137; 2001 c.191 §49b; 2003 c.364 §46; 2011 c.660 §19]

Source: Section 735.490 — Jurisdiction in action against insurer; service of summons and complaint; response , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743.402 — OR Code / Title 56 / Chapter 743 / Section 743.402
743.402 Exceptions to individual health insurance policy requirements
Status: in_force

ORS 743.405 (General requirements for health insurance policies) to 743.498 (Statement in policy of cancelability or renewability) and 743A.160 (Alcoholism treatment) do not apply to or affect:

(1) Any workers’ compensation insurance policy or any liability insurance policy with or without supplementary expense coverage therein;

(2) Any policy of reinsurance;

(3) Any blanket or group policy of insurance, except as expressly provided in ORS 750.055 (Other provisions applicable to health care service contractors) ; or

(4) Any life insurance policy, or policy supplemental thereto which contains only such provisions relating to health insurance as:

(a) Provide additional benefits in case of death or dismemberment or loss of sight by accident; or

(b) Operate to safeguard such policy against lapse, or to give a special surrender value or special benefit or an annuity in the event the insured shall become totally and permanently disabled, as defined by the policy or supplemental policy. [Formerly 741.022; 2001 c.356 §5; 2013 c.698 §19; 2017 c.206 §3]

Source: Section 743.402 — Exceptions to individual health insurance policy requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 737.600 — OR Code / Title 56 / Chapter 737 / Section 737.600
737.600 Fictitious grouping for rate purposes prohibited
Status: in_force

(1) As used in this section, “fictitious grouping” means a grouping by way of membership, license, franchise, contract, agreement or any method other than common ownership, or use and control.

(2) An insurer may not:

(a) Make available, through any rating plan or form, property, inland marine, casualty or surety insurance, or any combination thereof, at a preferred rate or premium to any person based upon a fictitious grouping of that person.

(b) Write or deliver a form, plan or policy of insurance covering a grouping or combination of persons or risks, any of which are within this state, at a preferred rate or form other than that offered to the public generally and persons not in the group, unless the form, plan or policy and the rates or premiums to be charged therefor have been approved by the Director of the Department of Consumer and Business Services. The director shall not approve any form, plan or policy, or the rates therefor, that would constitute a violation of paragraph (a) of this subsection.

(3) This section does not apply to:

(a) Policies of life or health insurance;

(b) Insurance for public bodies as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300) ;

(c) Insurance for employers subject to ORS chapter 656 who are primarily engaged in farming. Any contract negotiated by an exempt farming group, including the rate, shall be restricted to members of the group;

(d) Property and casualty insurance policies for personal, family or household purposes, and not for commercial or business purposes, under the following conditions:

(A) If the policies are offered to members of an association, including a labor union, which has had an active existence for at least one year, has a constitution and bylaws and is maintained in good faith for purposes other than that of obtaining insurance;

(B) If the policies are based on premiums that are adequate to support coverage of the group without subsidy by other rate payers; and

(C) If the insurer does not unfairly discriminate against holders of other insurance policies;

(e) Liability and property insurance required under ORS 825.160 (Liability insurance of carriers) for persons who apply for or who have received authority issued by the Department of Transportation under ORS chapter 825 to transport logs, poles, pilings, peeler cores, lumber, shingles, veneer, plywood, particle board, wallboard, siding, cordwood in long or short lengths, sawdust, hog fuel, wood chips, wood pellets, bark dust or cut trees that are or will be sold for use as Christmas trees;

(f) Liability or casualty insurance issued in this state on commercial risks, if:

(A) The policy requires active participation in a plan of risk management which has established measures and procedures to minimize both the frequency and severity of losses;

(B) The policy passes on the benefits of reduced losses to plan participants; and

(C) Rates are actuarially measurable and credible and sufficiently related to actual and expected loss and expense experience of the group so as to assure that nonmembers of the group are not unfairly discriminated against;

(g) Insurance for child care facilities that are certified in accordance with ORS chapter 329A; or

(h) Liability insurance for contractors licensed under ORS chapter 701.

(4) Under ORS 731.244 (Rules) , the director shall make rules necessary for implementation of this section. [Formerly 737.346; 2007 c.210 §1]

Source: Section 737.600 — Fictitious grouping for rate purposes prohibited; rules; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 734.630 — OR Code / Title 56 / Chapter 734 / Section 734.630
734.630 Assignment of claim rights
Status: in_force

(1) Any person who recovers on a covered claim under ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) thereby assigns the rights of the person under the insurance policy to the Oregon Insurance Guaranty Association to the extent of such recovery. Every person who seeks the protection of ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) shall cooperate with the association to the same extent such person would have been required to cooperate with the insolvent insurer. The association shall have no cause of action against the insureds of an insolvent insurer for any sums paid, except for those causes of action the insolvent insurer would have had if such sums had been paid by the insolvent insurer. If an insolvent insurer operates on the assessment plan, the payment of claims by the association does not reduce the liability of the insured to the receiver for unpaid assessments.

(2) Periodically the association shall file with the receiver statements of the covered claims paid by the association and estimates of anticipated claims against the association. Such filings shall preserve the rights of the association against the assets of the insolvent insurer.

(3) The receiver shall be bound by settlements of covered claims by the association or a similar organization in another state. The court having jurisdiction shall grant such claims priority in accordance with ORS 734.360 (Preference of claims) . [1971 c.616 §14; 2001 c.974 §4]

Source: Section 734.630 — Assignment of claim rights; filing statements of paid claims; effect of claim settlements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 734.144 — OR Code / Title 56 / Chapter 734 / Section 734.144
734.144 Immunity of certain persons from civil liability
Status: in_force

(1) The following persons are entitled to protection under this section:

(a) All receivers responsible for the conduct of a delinquency proceeding, including present and former receivers.

(b) All employees of the receiver. For purposes of this section, such employees include all present and former special deputies and assistant special deputies appointed by the Director of the Department of Consumer and Business Services and all persons whom the director, special deputies, or assistant special deputies have employed to assist in a delinquency proceeding. Unless designated as special deputies, attorneys, accountants, auditors and other professional persons or firms who are retained by the receiver as independent contractors and their employees are not entitled to protection under this section.

(2) The receiver and employees of the receiver shall have official immunity and shall be immune from civil action and liability, both personally and in their official capacities, for any tort claim or demand, whether groundless or otherwise, arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of their duties. For purposes of this section, “tort” has the meaning given that term in ORS 30.260 (Definitions for ORS 30.260 to 30.300) .

(3) The receiver and employees of the receiver shall be indemnified from the assets of the insurer against any tort claim arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of their duties, whether personally or in the official capacity of the receiver or employee. Any indemnification made under this subsection is an administrative expense of the insurer.

(4) The provisions of subsections (2) and (3) of this section do not apply in case of malfeasance in office or willful or wanton neglect of duty.

(5) In any legal action in which the receiver is a defendant, the portion of any settlement relating to the alleged act, error or omission of the receiver is subject to the approval of the court before which the delinquency proceeding is pending. The court may not approve the portion of the settlement if it determines:

(a) That the claim did not occur in the performance of the receiver’s duties; or

(b) That the claim was caused by malfeasance in office or willful or wanton neglect of duty by of the receiver.

(6) This section shall not be construed or applied to deprive the receiver or any employee of any immunity, indemnity, benefits of law, rights or any defense otherwise available. [1993 c.447 §95]

Note: See note under 734.142 (Cooperation with director in delinquency proceedings) .

Source: Section 734.144 — Immunity of certain persons from civil liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 742.564 — OR Code / Title 56 / Chapter 742 / Section 742.564
742.564 Manner of giving cancellation notice
Status: in_force

(1) No notice of cancellation of a policy to which ORS 742.562 (Grounds for cancellation of policies) applies shall be effective unless mailed or delivered by the insurer to the named insured at least 30 days prior to the effective date of cancellation and accompanied by a statement of the reason or reasons for cancellation, provided, however, that where cancellation is for nonpayment of premium at least 10 days’ notice of cancellation accompanied by the reason therefor shall be given.

(2) This section shall not apply to nonrenewal. [Formerly 743.910]

Source: Section 742.564 — Manner of giving cancellation notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743b.257 — OR Code / Title 56 / Chapter 743b / Section 743b.257
743B.257 Civil penalty for failure to comply by insurer that agreed to be bound by decision
Status: in_force

(1) An insurer shall comply in a timely manner with a decision of an independent review organization under ORS 743B.256 (Duties of independent review organizations) that reverses, in whole or in part, an adverse benefit determination. If an insurer fails to comply with the decision, the Director of the Department of Consumer and Business Services may impose on the insurer a civil penalty of not more than $1 million.

(2) A decision of an independent review organization is admissible in any legal proceeding involving the insurer or the enrollee and involving the disputed issues subject to external review.

(3) The sanctions under subsection (1) of this section and the remedies under subsection (2) of this section are in addition to and not in lieu of other sanctions, rights and remedies provided by law or contract. [Formerly 743.863]

Source: Section 743B.257 — Civil penalty for failure to comply by insurer that agreed to be bound by decision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 731.308 — OR Code / Title 56 / Chapter 731 / Section 731.308
731.308 Procedure at examination or investigation
Status: in_force

(1) Upon an examination or investigation the Director of the Department of Consumer and Business Services may examine under oath all persons who may have material information regarding the property or business of the person being examined or investigated.

(2) Every person being examined or investigated shall produce all books, records, accounts, papers, documents and computer and other recordings in its possession or control relating to the matter under examination or investigation, including, in the case of an examination, the property, assets, business and affairs of the person.

(3) With regard to an examination, the officers, directors and agents of the person being examined shall provide timely, convenient and free access at all reasonable hours at the offices of the person being examined to all books, records, accounts, papers, documents and computer and other recordings. The officers, directors, employees and agents of the person must facilitate the examination. [Formerly 736.555; 1993 c.447 §3]

Source: Section 731.308 — Procedure at examination or investigation; production of books and other records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.400 — OR Code / Title 56 / Chapter 742 / Section 742.400
742.400 Duty to report claim of professional negligence to licensing board
Status: in_force

(1) As used in this section:

(a) “Claim” means a written demand for payment from or on behalf of a covered practitioner for an injury alleged to have been caused by professional negligence that is made in a complaint filed with a court of appropriate jurisdiction.

(b) “Covered practitioner” means a chiropractic physician, physician or physician assistant licensed under ORS chapter 677, nurse practitioner, optometrist, dentist, dental hygienist or naturopath.

(c) “Disposition of a claim” means:

(A) A judgment or award against the covered practitioner by a court, a jury or an arbitrator;

(B) A withdrawal or dismissal of the claim; or

(C) A settlement of the claim.

(d) “Reporter” means:

(A) A primary insurer;

(B) A public body required to defend, save harmless and indemnify an officer, employee or agent of the public body under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) ;

(C) An entity that self-insures or indemnifies for claims alleging professional negligence on the part of a covered practitioner; or

(D) A health maintenance organization as defined in ORS 750.005 (Definitions) .

(2) Within 30 days after receiving notice of a claim, a reporter shall report the claim to the appropriate board, as follows:

(a) The Oregon Medical Board if the covered practitioner is a physician or physician assistant licensed under ORS chapter 677;

(b) The Oregon State Board of Nursing if the covered practitioner is a nurse practitioner;

(c) The Oregon Board of Optometry if the covered practitioner is an optometrist;

(d) The Oregon Board of Dentistry if the covered practitioner is a dentist or dental hygienist;

(e) The Oregon Board of Naturopathic Medicine if the covered practitioner is a naturopath; or

(f) The State Board of Chiropractic Examiners if the covered practitioner is a chiropractic physician.

(3) The report required under subsection (2) of this section shall include:

(a) The name of the covered practitioner;

(b) The name of the person that filed the claim;

(c) The date on which the claim was filed; and

(d) The reason or reasons for the claim, except that the report may not disclose any data that is privileged under ORS 41.675 (Inadmissibility of certain data provided to peer review body of health care providers and health care groups) .

(4) Within 30 days after the date of an action taken in disposition of a claim, a reporter shall notify the appropriate board identified in subsection (2) of this section of the disposition.

(5) Intentionally left blank —Ed.

(a) A board that receives a report of a claim under this section shall publicly post the report on the board’s website if the claim results in a judicial finding or admission of liability or a money judgment, award or settlement that involves a payment to the claimant. The board may not publicly post information about claims that did not result in a judicial finding or admission of liability or a money judgment, award or settlement that involves a payment to the claimant but shall make the information available to the public upon request.

(b) If a board discloses information about a claim that is the subject of a report received under this section, the board shall indicate in the disclosure whether the claim resulted in a judicial finding or an admission of liability or a money judgment, an award or a settlement that involves a payment to the claimant. A board may not publicly disclose or publish any allegations or factual assertions included in the claim unless the complaint resulted in a judicial finding or an admission of liability or a money judgment, an award or a settlement that involves a payment to the claimant.

(c) For purposes of this subsection, “judicial finding” means a finding of liability by a court, a jury or an arbitrator.

(6) A board that receives a report under this section shall provide copies of the report to each health care facility licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.119 (Exemptions) , 441.525 (Definitions for ORS 441.525 to 441.595) to 441.595 (Construction of ORS 441.525 to 441.595) , 441.815 (Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited) , 441.820 (Procedure for termination of physician’s privilege to practice medicine at health care facility) , 441.990 (Civil and criminal penalties) , 441.993 (Civil penalties and administrative actions) , 442.342 (Waiver of requirements) , 442.344 (Exemptions from requirements) and 442.400 (“Health care facility” defined) to 442.463 (Annual utilization report) that employs or grants staff privileges to the covered practitioner.

(7) A person that reports in good faith concerning any matter required to be reported under this section is immune from civil liability by reason of making the report. [Formerly 743.780 and then 743.770; 1991 c.401 §7; 1997 c.131 §3; 2007 c.803 §1; 2009 c.43 §36; 2009 c.131 §1; 2009 c.581 §1; 2013 c.129 §38]

Source: Section 742.400 — Duty to report claim of professional negligence to licensing board; contents of report; public disclosure and posting of reports , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 737.330 — OR Code / Title 56 / Chapter 737 / Section 737.330
737.330 Contracts to comply with effective filings
Status: in_force

(1) No insurer shall make or issue a policy except in accordance with the filings which are in effect for the insurer as provided in this chapter.

(2) This section does not apply to policies for inland marine risks as to which filings are not required. [Amended by 1967 c.359 §312; 1969 c.690 §6]

Source: Section 737.330 — Contracts to comply with effective filings; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 732.445 — OR Code / Title 56 / Chapter 732 / Section 732.445
732.445 Establishing or maintaining primary or secondary market in securities
Status: in_force

(1) The provisions of ORS 732.435 (Suit to recover insider profits) do not apply to any purchase and sale, or sale and purchase, and the provisions of ORS 732.440 (Prohibited sales of securities) do not apply to any sale, of an equity security of a domestic stock insurer not then or theretofore held by the insurer in an investment account, by a security dealer in the ordinary course of the insurer’s business and incident to the establishment or maintenance by the insurer of a primary or secondary market (otherwise than on an exchange as defined in the Securities Exchange Act of 1934) for such security.

(2) The Director of the Department of Consumer and Business Services may, by such rules as the director considers necessary or appropriate in the public interest, define and prescribe terms and conditions with respect to securities held in an investment account and transactions made in the ordinary course of business and incident to the establishment or maintenance of a primary or secondary market. [Formerly 738.760]

Source: Section 732.445 — Establishing or maintaining primary or secondary market in securities; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 744.059 — OR Code / Title 56 / Chapter 744 / Section 744.059
744.059 Qualifications for license
Status: in_force

(1) An individual applying for a resident insurance producer license shall apply to the Director of the Department of Consumer and Business Services on the Uniform Application and shall declare that the statements made in the application are true, correct and complete to the best of the individual’s knowledge and belief. Before approving the application, the director must find that the individual:

(a) Is at least 18 years of age;

(b) Has not committed an act that is a ground for action on a license set forth in ORS 744.074 (Authority of director to place licensee on probation or to suspend, revoke or refuse to issue or renew license) ;

(c) When required by the director, has completed a prelicensing course of study for the lines of authority for which the person has applied;

(d) Has paid all applicable fees; and

(e) Has successfully passed the examination for the lines of authority for which the person has applied.

(2) A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made on the Uniform Business Entity Application. Before approving the application, the director must find that:

(a) The business entity has paid all applicable fees; and

(b) The business entity has designated a licensed insurance producer responsible for the business entity’s compliance with the insurance laws and rules of this state.

(3) The director may require any documents necessary to verify the information contained in an application.

(4) Each insurer that sells, solicits or negotiates any form of limited class credit insurance shall provide to each limited class credit insurance producer a program of instruction, which is subject to review and approval by the director. [2001 c.191 §6; 2003 c.364 §6]

Source: Section 744.059 — Qualifications for license; use of uniform application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 734.815 — OR Code / Title 56 / Chapter 734 / Section 734.815
734.815 Assessment of members
Status: in_force

(1) For the purpose of providing the funds necessary to carry out the powers and duties of the Oregon Life and Health Insurance Guaranty Association, the board of directors shall assess the member insurers, separately for each account, at such time and for such amounts as the board finds necessary. The board shall collect the assessments after 30 days’ written notice to the member insurers before payment is due.

(2) There shall be two assessments, as follows:

(a) Class A assessments shall be made for the purpose of meeting administrative and legal costs and other general expenses whether or not related to a particular impaired or insolvent insurer.

(b) Class B assessments shall be made to the extent necessary to carry out the powers and duties of the association under ORS 734.810 (Duties and powers of association) with regard to an impaired or insolvent insurer.

(3) Intentionally left blank —Ed.

(a) The amount of any class A assessment shall be determined by the board and may be made on a pro rata or other basis. If pro rata, the board may provide that the class A assessment be credited against future class B assessments. An assessment on another basis may not exceed $300 per member insurer in any one calendar year. The amount of any class B assessment shall be allocated for assessment purposes among the accounts in the proportion that the premiums received by the impaired or insolvent insurer on the policies covered by each account, for the last calendar year preceding the assessment in which the impaired or insolvent insurer received premiums, bears to the premiums received by such insurer for such calendar year on all covered policies.

(b) Class B assessments for each account shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies covered by each account for the three most recent calendar years for which information is available preceding the year in which the insurer became impaired or insolvent, as the case may be, bears to such premiums received on business in this state for such calendar years by all assessed member insurers.

(c) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer may not be made until necessary to implement the purposes of ORS 734.750 (Short title) to 734.890 (Association not to be used in sales or solicitation) . Classification of assessments under subsection (2) of this section and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible.

(4) The association may abate or defer, in whole or in part, the assessment of a member insurer if, in the opinion of the board, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. In the event an assessment against a member insurer is abated or deferred, in whole or in part, the amount by which such assessment is abated or deferred shall be assessed against the other member insurers.

(5) A member insurer may not be required to pay assessments in any one calendar year exceeding two percent of the insurer’s premiums in this state on the policies covered by the account. If a member insurer’s total assessment cannot be collected in any one year because of this limitation, the remaining amount due shall be collected from the insurer in future years.

(6) The board may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that account, the amount by which the assets of the account exceed the amount the board finds is necessary to carry out during the coming year the obligations of the association with regard to that account, including assets accruing from assignment, subrogation, net realized gains and income from investments. A reasonable amount may be retained in any account to provide funds for the continuing expenses of the association and for future losses.

(7) It shall be proper for any member insurer, in determining its premium rates and policyowner dividends for any kind of insurance within the scope of ORS 734.750 (Short title) to 734.890 (Association not to be used in sales or solicitation) , to consider the amount reasonably necessary to meet its assessment obligations under ORS 734.750 (Short title) to 734.890 (Association not to be used in sales or solicitation) .

(8) The association shall issue to each insurer paying an assessment under ORS 734.750 (Short title) to 734.890 (Association not to be used in sales or solicitation) , other than a class A assessment, a certificate of contribution in a form prescribed by the Director of the Department of Consumer and Business Services for the amount so paid. All outstanding certificates shall be of equal dignity and priority without reference to amounts or dates of issue. A certificate of contribution may be shown by the insurer in its financial statement as an asset in such form and for such amount, if any, and period of time as the director may approve.

(9) The association may assess and collect interest on the amount of an assessment owed by a member insurer that fails to pay the assessment when due. The annual rate that may be charged under this subsection may not exceed the rate established by the director by rule. [1975 c.251 §10; 1991 c.811 §5; 2011 c.142 §6]

Source: Section 734.815 — Assessment of members; classes of assessments; amounts; refunds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 735.310 — OR Code / Title 56 / Chapter 735 / Section 735.310
735.310 Qualifications for risk retention group
Status: in_force

(1) A risk retention group seeking to be organized in this state:

(a) Must be organized as a liability insurer in this state and authorized by a subsisting certificate of authority issued by the director to transact liability insurance in this state, as provided in ORS chapter 732; and

(b) Except as otherwise provided in ORS 735.300 (Purpose of ORS 735.300 to 735.365) to 735.365 (Short title) , must comply with all laws, rules and other requirements applicable to such insurers authorized to transact insurance in this state and with ORS 735.315 (Foreign risk retention groups) to the extent the requirements under ORS 735.315 (Foreign risk retention groups) are not a limitation on other laws, rules or requirements of this state.

(2) Before a risk retention group may offer insurance in any state, the risk retention group shall submit for approval to the director of this state a plan of operation or a feasibility study and revisions of such plan or study if the group intends to offer any additional lines of liability insurance.

(3) Immediately upon receipt of an application for organization, the director shall provide summary information concerning the filing to the National Association of Insurance Commissioners, including the name of the risk retention group, the identity of the initial members of the group, the identity of those individuals who organized the group or who will provide administrative services or otherwise influence or control the activities of the group, the amount and nature of initial capitalization, the coverages to be afforded and the states in which the group intends to operate. Providing notification to the National Association of Insurance Commissioners is in addition to and shall not be sufficient to satisfy the requirements of ORS 735.300 (Purpose of ORS 735.300 to 735.365) to 735.365 (Short title) . [1987 c.774 §100]

Source: Section 735.310 — Qualifications for risk retention group; plan of operation; application; notification to National Association of Insurance Commissioners , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 731.012 — OR Code / Title 56 / Chapter 731 / Section 731.012
731.012 Effect of federal law
Status: in_force

The Insurance Code shall regulate the business of insurance and every person engaged therein in accordance with the intent of Congress as expressed in the Act of March 9, 1945, as amended (Public Law 15, 79th Congress, 15 U.S.C. 1011 to 1014) which states in part that no Act of Congress shall be construed to invalidate, impair or supersede any law enacted by any state for the purpose of regulating the business of insurance, or which imposes a fee or tax upon such business, unless such Act specifically relates to the business of insurance. [1967 c.359 §3]

Source: Section 731.012 — Effect of federal law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 731.256 — OR Code / Title 56 / Chapter 731 / Section 731.256
731.256 Enforcement generally
Status: in_force

(1) The Director of the Department of Consumer and Business Services may institute actions or other lawful proceedings that the director deems necessary to enforce a provision of the Insurance Code or any order or action the director makes or takes in pursuance of law.

(2) As part of or in addition to any action or proceeding the director institutes against an insurer under subsection (1) of this section, the director may:

(a) Seek restitution on a consumer’s behalf for actual damages the consumer suffers as a result of the insurer’s violation of a provision of the Insurance Code or applicable federal law or the insurer’s breach of an insurance contract or policy the insurer has with the consumer; and

(b) Seek other equitable relief the director deems appropriate under the circumstances.

(3) If the director has reason to believe that a person has violated a provision of the Insurance Code or another law that applies to insurance operations, and if the violation is subject to criminal prosecution and in the opinion of the director criminal prosecution is warranted, the director shall give the information about the violation to the Attorney General or district attorney that has jurisdiction over the violation. The Attorney General or district attorney promptly shall institute an action or a proceeding against the person as the information requires or justifies.

(4) An action or proceeding that the director institutes under subsection (1) of this section is an exercise of the director’s regulatory authority and, except as otherwise provided in subsection (3) of this section, does not create a cause of action for any other person. [1967 c.359 §57; 2013 c.618 §1]

Source: Section 731.256 — Enforcement generally; restitution , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 733.590 — OR Code / Title 56 / Chapter 733 / Section 733.590
733.590 Investment in obligations of sovereign, political subdivision thereof or corporation
Status: in_force

Funds of an insurer may be invested in amply secured obligations of a sovereign, political subdivision thereof or corporation. Expressly included, but not by way of limitation, are obligations of the following federal agencies and authorities: Federal Home Loan Banks, Federal Land Banks, Home Owners Loan Corporation, Public Housing Authorities (to the extent that such obligations are secured by a pledge of annual contributions to be paid by the United States or an agency thereof), and Federal Intermediate Credit Banks. [Formerly 738.245]

Source: Section 733.590 — Investment in obligations of sovereign, political subdivision thereof or corporation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 744.328 — OR Code / Title 56 / Chapter 744 / Section 744.328
744.328 Issuance of license
Status: in_force

(1) If the Director of the Department of Consumer and Business Services determines that an applicant has satisfied all requirements for the license for which application is made, the director shall issue the license to the applicant. The director may issue a license if the director determines that the applicant, as required to be set forth in the application for the license:

(a) Has not engaged in conduct that would authorize the director to refuse to issue a license under ORS 744.338 (Suspension, revocation, refusal to issue or renew license) ;

(b) Is competent and trustworthy and intends to act in good faith in the capacity specified by the license applied for;

(c) Has demonstrated evidence of financial responsibility in a format prescribed by the director through either a surety bond executed in an amount and in a manner prescribed by the director or a deposit of cash, certificates of deposit or securities or any combination thereof in an amount and manner prescribed by the director. The director shall accept as evidence of financial responsibility proof that financial instruments consistent with the requirements under this paragraph have been filed with at least one state in which the applicant is licensed as a life settlement provider, life settlement broker or life settlement investment agent;

(d) Has a good business reputation and has had experience, training or education so as to be qualified in the business of the licensee;

(e) If a life settlement provider or broker, has provided an antifraud plan under ORS 744.374 (Enforcement of life settlement contract provisions) (10); and

(f) If a life settlement provider, has provided a detailed plan of operation in a manner prescribed by the director.

(2) The director may refuse to issue a license in the name of any firm, partnership or corporation if the director is not satisfied that any officer, employee, stockholder or partner thereof who may materially influence the conduct of the applicant meets the standards of this section.

(3) The director may issue a license to a nonresident applicant only if the nonresident applicant files with the director in writing an appointment of the director to be the attorney of the applicant upon whom all legal process in any action or proceeding against the applicant may be served. In the appointment, the applicant shall agree that any lawful process against the applicant that is served upon the director shall be of the same legal force and validity as if served upon the applicant, and that the authority shall continue in force so long as any liability remains outstanding in this state. An appointment under this subsection becomes effective on the date that the director issues the license to the applicant.

(4) If the director denies an application, the director shall so inform the applicant, stating the grounds for the denial. [1995 c.342 §6; 2009 c.711 §6]

Source: Section 744.328 — Issuance of license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 735.166 — OR Code / Title 56 / Chapter 735 / Section 735.166
735.166 Investment requirements for association captive insurer
Status: in_force

(1) Intentionally left blank —Ed.

(a) An association captive insurer must comply with the investment requirements of ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) .

(b) Notwithstanding paragraph (a) of this subsection, the Director of the Department of Consumer and Business Services may by rule approve the use of alternative reliable methods of valuation and rating for an association captive insurer.

(2) Intentionally left blank —Ed.

(a) A pure captive insurer is not subject to any restrictions on allowable investments under ORS 733.510 (Investments of insurers) to 733.780 (Prohibited investments) .

(b) The director may prohibit or limit an investment that threatens the solvency or liquidity of a pure captive insurer.

(3) A captive insurer may not make loans to the parent of the captive insurer or an affiliate of the captive insurer. [2012 c.84 §10]

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

Source: Section 735.166 — Investment requirements for association captive insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 741.008 — OR Code / Title 56 / Chapter 741 / Section 741.008
741.008 Criminal records check
Status: in_force

The Oregon Health Authority shall conduct a state or nationwide criminal records check under ORS 181A.195 (Criminal records check) on, and for that purpose may require the fingerprints of, a person who:

(1) Is employed by or applying for employment with the authority in a position related to the administration of the health insurance exchange; or

(2) Is, or will be, providing services to the authority in a position related to the administration of the health insurance exchange:

(a) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(b) In which the person has access to information that is confidential or for which state or federal laws, rules or regulations prohibit disclosure;

(c) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the authority;

(d) That has mailroom duties as a primary duty or job function;

(e) In which the person has responsibility for auditing the authority;

(f) That has personnel or human resources functions as a primary responsibility;

(g) In which the person has access to Social Security numbers, dates of birth or criminal background information; or

(h) In which the person has access to tax or financial information about individuals or business entities. [Formerly 741.255; 2021 c.569 §21]

Source: Section 741.008 — Criminal records check; fingerprints required; persons subject to requirement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors741.­html (accessed May 26, 2025).
ORS § 734.710 — OR Code / Title 56 / Chapter 734 / Section 734.710
734.710 Administration of delinquency proceeding claims and expenses
Status: in_force

(1) In any delinquency proceeding involving a member insurer, the claims and expenses of the insurer shall be administered as provided in ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) .

(2) Except as otherwise provided in ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) , ORS 734.014 (Definitions) , 734.026 (“Domiciliary,” “ancillary” and “reciprocal state” defined) and 734.110 (Jurisdiction of delinquency proceedings) to 734.440 (Judgment upon assessment) apply to a member insurer. [1971 c.616 §23]

Source: Section 734.710 — Administration of delinquency proceeding claims and expenses; application of ORS 734.014, 734.026 and 734.110 to 734.440 to insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 744.800 — OR Code / Title 56 / Chapter 744 / Section 744.800
744.800 Qualifications for reinsurance intermediary brokers and managers
Status: in_force

(1) For purposes of ORS 744.800 (Qualifications for reinsurance intermediary brokers and managers) to 744.818 (Errors and omissions insurance for reinsurance intermediary manager) :

(a) A reinsurance intermediary broker is a person who solicits, negotiates or places reinsurance cessions or retrocessions on behalf of a ceding insurer without acting as a reinsurance intermediary manager on behalf of the insurer.

(b) A reinsurance intermediary manager is a person who has authority to bind a reinsurer or who manages all or part of the assumed reinsurance business of a reinsurer, including the management of a separate division, department or underwriting office, and acts as an insurance producer for the reinsurer, regardless of the title or designation of the person.

(c) A reinsurance intermediary means a reinsurance intermediary broker or a reinsurance intermediary manager.

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

(2) A person may act as a reinsurance intermediary broker in this state only as follows:

(a) The person maintains an office in this state either directly or as a member or employee of a firm or association, or an officer, director or employee of a corporation, and the person is a licensed insurance producer or reinsurance intermediary in this state; or

(b) The person maintains an office in another state either directly or as a member or employee of a firm or association, or an officer, director or employee of a corporation, and the person is a licensed insurance producer or reinsurance intermediary in this state or another state having laws substantially similar to ORS 744.800 (Qualifications for reinsurance intermediary brokers and managers) to 744.818 (Errors and omissions insurance for reinsurance intermediary manager) .

(3) A person may act as a reinsurance intermediary manager only as follows:

(a) A person may act as a reinsurance intermediary manager for a reinsurer domiciled in this state if the person is a licensed insurance producer or reinsurance intermediary in this state.

(b) A person may act as a reinsurance intermediary manager in this state if the person maintains an office in this state either directly or as a member or employee of a firm or association, or as an officer, director or employee of a corporation, if the person is a licensed insurance producer or reinsurance intermediary in this state.

(4) The Director of the Department of Consumer and Business Services may issue a reinsurance intermediary license to any person that has complied with the requirements of this section. A license issued to a firm or association authorizes all of the members of the firm or association and any designated employees of the firm or association to act as reinsurance intermediaries under the license. All such persons must be named in the license application and any supplements to the application. A license issued to a corporation authorizes all of the officers and any designated employees and directors of the corporation to act as reinsurance intermediaries on behalf of the corporation. All such persons must be named in the license application and any supplements to the application.

(5) The director shall issue a resident reinsurance intermediary license to a person if the person holds an insurance producer license issued under ORS 744.062 (Issuance of insurance producer license) and indorsed with the designation of reinsurance intermediary.

(6) The director shall issue a nonresident reinsurance intermediary license to a person if:

(a) The person is currently licensed in the person’s home state as a resident reinsurance intermediary or insurance producer and is in good standing in the person’s home state;

(b) The person has submitted the proper request for a license and has paid the applicable fees;

(c) The person has submitted or transmitted to the director the license application that the person submitted to the person’s home state or, in lieu of that application, a completed application acceptable to the director; and

(d) The person’s home state awards nonresident reinsurance intermediary licenses to residents of this state on the same basis.

(7) The director may refuse to issue a reinsurance intermediary license if, in the director’s judgment:

(a) The application, anyone named in the application or any member, principal, officer, director or controlling person of the applicant is not trustworthy; or

(b) Any person described in paragraph (a) of this subsection has given cause for revocation or suspension of the license or has failed to comply with any requirement for issuance of the license.

(8) In order to obtain and maintain the indorsement of reinsurance intermediary manager, a resident reinsurance intermediary must satisfy the requirements of ORS 744.818 (Errors and omissions insurance for reinsurance intermediary manager) regarding errors and omissions insurance. [1993 c.447 §74; 2001 c.191 §41; 2003 c.364 §27]

Source: Section 744.800 — Qualifications for reinsurance intermediary brokers and managers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 731.402 — OR Code / Title 56 / Chapter 731 / Section 731.402
731.402 Issuance or refusal of certificate of authority
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall issue to an insurer a certificate of authority if upon completion of the application for a certificate of authority by the insurer the director finds, from the application and such other investigation and information the director may acquire, that the insurer is fully qualified and entitled thereto under the Insurance Code.

(2) The director shall take all necessary action and shall either issue or refuse to issue a certificate of authority within a reasonable time after the completion of the application for such authority.

(3) The certificate of authority, if issued, shall specify the class or classes of insurance the insurer is authorized to transact in this state. The director may issue authority limited to particular subclasses of insurance or types of insurance coverages within the scope of a class of insurance. [1967 c.359 §85]

Source: Section 731.402 — Issuance or refusal of certificate of authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 732.574 — OR Code / Title 56 / Chapter 732 / Section 732.574
732.574 Standards for transactions within holding company
Status: in_force

(1) A transaction within an insurance holding company system to which an insurer subject to registration is a party is subject to the following standards:

(a) The terms must be fair and reasonable.

(b) Charges or fees for services performed must be reasonable.

(c) Expenses incurred and payment received must be allocated to the insurer in conformity with customary insurance accounting practices that are consistently applied.

(d) The books, accounts and records of each party to the transaction must be maintained so as to disclose clearly and accurately the nature and details of the transaction, including accounting information that is necessary to support the reasonableness of the charges or fees to the respective parties.

(e) The combined capital and surplus of the insurer following any transaction with an affiliate or any shareholder dividend must be reasonable in relation to the insurer’s outstanding liabilities and adequate to the insurer’s financial needs.

(f) Agreements for cost-sharing services and management must include provisions that the Director of the Department of Consumer and Business Services requires by rule.

(2) Intentionally left blank —Ed.

(a) A domestic insurer and any person in the domestic insurer’s insurance holding company system may enter into a transaction described in this subsection, including an amendment to or modification of an affiliate agreement that is subject to standards set forth in this section, only if:

(A) The domestic insurer has notified the director of the domestic insurer’s intention to enter into the transaction in writing and not later than the 30th day before the transaction, or within a shorter period the director allows; and

(B) The director does not disapprove the transaction within the period.

(b) A notice for a transaction that is an amendment to or modification of an affiliate agreement that was previously filed must include a statement of reasons for the change and an estimate of the financial impact the change would have on the domestic insurer. An insurer shall notify the director informally within 30 days after a previously filed agreement has terminated, and the director, after receiving the notice, shall determine the type of filing the insurer must submit, if any.

(c) This subsection does not authorize or permit any transaction that, in the case of an insurer that is not a member of the same insurance holding company system, would be otherwise contrary to law.

(d) This subsection applies to the following transactions:

(A) Sales, purchases, exchanges, loans or extensions of credit, guarantees or investments, if the transactions equal or exceed the following:

(i) With respect to insurers that are not authorized to transact life insurance, the lesser of three percent of the insurer’s allowed assets or 25 percent of the insurer’s combined capital and surplus, each as of the 31st day of December immediately preceding.

(ii) With respect to insurers that are authorized to transact life insurance, three percent of the insurer’s allowed assets, as of the 31st day of December immediately preceding.

(B) Loans or extensions of credit to any person that is not an affiliate, if the insurer makes the loans or extensions of credit with the agreement or understanding that the proceeds of the transactions, in whole or in substantial part, are to be used to make loans or extensions of credit to, to purchase assets of, or to make investments in any affiliate of the insurer that is making the loans or extending the credit. This subparagraph applies to transactions that equal or exceed the following:

(i) With respect to insurers that are not authorized to transact life insurance, the lesser of three percent of the insurer’s allowed assets or 25 percent of the insurer’s combined capital and surplus, each as of the 31st day of December immediately preceding.

(ii) With respect to insurers that are authorized to transact life insurance, three percent of the insurer’s allowed assets, as of the 31st day of December immediately preceding.

(C) Reinsurance agreements or modifications to reinsurance agreements, reinsurance pooling agreements and agreements in which the reinsurance premium or a change in the insurer’s liabilities, the projected reinsurance premium or a projected change in the insurer’s liabilities in any of the next three years equals or exceeds five percent of the insurer’s combined capital and surplus, as of the 31st day of December immediately preceding, including agreements that may require as consideration the transfer of assets from an insurer to a nonaffiliate if an agreement or understanding exists between the insurer and nonaffiliate that any portion of the assets will be transferred to one or more affiliates of the insurer.

(D) All management agreements, service contracts, tax allocation agreements, guarantees and all cost-sharing arrangements.

(E) A guarantee that a domestic insurer makes if the guarantee is not quantifiable as to amount. If the guarantee is quantifiable as to amount, the domestic insurer is not required to notify the director under this section unless the guarantee exceeds the lesser of one-half of one percent of the insurer’s admitted assets or 10 percent of surplus with respect to policyholders as of the 31st day of December immediately preceding.

(F) Direct or indirect acquisitions or investments in a person that controls the insurer or in an affiliate of the insurer, the amount of which, together with the insurer’s existing acquisitions or investments in the person or affiliate, exceeds two and one-half percent of the insurer’s surplus to policyholders. An insurer that acquires or invests directly or indirectly in a subsidiary, or in an insurance affiliate that is not a subsidiary, is not required to notify the director under this section if the insurer makes the acquisition or the investment otherwise in accordance with ORS 732.517 (Purpose of ORS 732.517 to 732.546) to 732.596 (Request by insurance holding company system for determination or acknowledgement of group-wide supervisor) .

(G) Any material transactions specified by rule that the director determines may adversely affect the interests of the insurer’s policyholders.

(3) A domestic insurer may not enter into one or more transactions during any 12-month period that are part of a plan or series of like transactions with persons that are within the insurance holding company system if the purpose of the separate transactions is to avoid the statutory threshold amount and thus avoid the review that would occur otherwise.

(4) In reviewing a transaction in accordance with subsection (2) of this section, the director shall consider whether the transaction complies with the standards set forth in subsection (1) of this section and whether the transaction may adversely affect the interests of policyholders.

(5) A domestic insurer shall notify the director not later than the 30th day after any investment the domestic insurer makes in any one corporation if the total investment the insurance holding company system makes in the corporation exceeds 10 percent of the corporation’s voting securities. [1993 c.447 §47; 2013 c.370 §26]

Source: Section 732.574 — Standards for transactions within holding company; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 734.230 — OR Code / Title 56 / Chapter 734 / Section 734.230
734.230 Deputies and assistants
Status: in_force

In connection with supervising an insurer under the Insurance Code or conducting delinquency proceedings, the Director of the Department of Consumer and Business Services may appoint one or more special deputy directors to act for the director, and may employ such counsel, clerks, and assistants as the director deems necessary. Unless otherwise provided by the director, a person so appointed is not a state employee solely by reason of such appointment. The compensation of the special deputies, counsel, clerks or assistants and all expenses of supervising the insurer under the Insurance Code or taking possession of a delinquent insurer and conducting delinquency proceedings must be paid out of the funds or assets of the insurer. A special deputy acting within limits the director imposes with respect to supervising an insurer under the Insurance Code or conducting delinquency proceedings has a receiver’s powers and is subject to a receiver’s duties. [1967 c.359 §277; 2017 c.479 §15]

Source: Section 734.230 — Deputies and assistants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743.201 — OR Code / Title 56 / Chapter 743 / Section 743.201
743.201 Beneficiary of industrial policies
Status: in_force

An industrial life insurance policy shall have the name of the beneficiary designated thereon, or in the application or other form if attached to the policy, with a reservation of the right to designate or change the beneficiary after the issuance of the policy unless such beneficiary has been irrevocably designated. The policy may also provide that no designation or change of beneficiary shall be binding on the insurer until indorsed on the policy by the insurer, and that the insurer may refuse to indorse the name of any proposed beneficiary who does not appear to the insurer to have an insurable interest in the life of the insured. The policy may also provide that if the beneficiary designated in the policy does not make a claim under the policy or does not surrender the policy with due proof of death within the period stated in the policy, which shall not be less than 30 days after the death of the insured, or if the beneficiary is the estate of the insured, or is a minor, or dies before the insured, or is not legally competent to give a valid release, then the insurer may make any payment thereunder to the executor or administrator of the insured, or to any relative of the insured by blood or legal adoption or connection by marriage, or to any person appearing to the insurer to be equitably entitled thereto by reason of having been named beneficiary, or by reason of having incurred expense for the maintenance, medical attention or burial of the insured. The policy may also include a similar provision applicable to any other payment due under the policy. [1967 c.359 §389]

Source: Section 743.201 — Beneficiary of industrial policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.296 — OR Code / Title 56 / Chapter 731 / Section 731.296
731.296 Director’s inquiries
Status: in_force

The Director of the Department of Consumer and Business Services may address any proper inquiries to any insurer, licensee or its officers in relation to its activities or condition or any other matter connected with its transactions. Any such person so addressed shall promptly and truthfully reply to such inquiries using the form of communication requested by the director. The reply shall be verified by an officer of such person, if the director so requires. A reply is subject to the provisions of ORS 731.260 (False or misleading filings) . [Formerly 736.542; 1975 c.298 §1]

Source: Section 731.296 — Director’s inquiries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 731.244 — OR Code / Title 56 / Chapter 731 / Section 731.244
731.244 Rules
Status: in_force

In accordance with the applicable provisions of ORS chapter 183, the Director of the Department of Consumer and Business Services may make reasonable rules necessary for or as an aid to the effectuation of the Insurance Code. No such rule shall extend, modify or conflict with the Insurance Code or the reasonable implications thereof. [1967 c.359 §54]

Source: Section 731.244 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 735.162 — OR Code / Title 56 / Chapter 735 / Section 735.162
735.162 Capital and surplus requirements
Status: in_force

(1) To qualify for authority to transact insurance in this state, a captive insurer shall possess and thereafter maintain capital or surplus, or any combination thereof, of not less than:

(a) $250,000 for a pure captive insurer.

(b) $750,000 for an association captive insurer incorporated as a stock insurer or as a mutual insurer.

(c) $300,000,000 for a captive reinsurer.

(2) In accordance with ORS 731.554 (Capital and surplus requirements) (6), for the protection of the public, the Director of the Department of Consumer and Business Services may require a captive insurer to possess and maintain capital or surplus, or any combination thereof, in excess of the amount otherwise required under this section.

(3) The capital and surplus required under subsections (1) and (2) of this section may be in the form of:

(a) Cash or cash equivalent; or

(b) An irrevocable letter of credit issued by an insured institution, as described in ORS 731.510 (Criteria for allowing reduction from liability for reinsurance) , and approved by the director.

(4) Intentionally left blank —Ed.

(a) Except as provided in paragraph (d) of this subsection, a branch captive insurer, as security for the payment of liabilities attributable to branch operations, must establish and maintain, through its branch operations, a trust fund funded by an irrevocable letter of credit or other asset approved by the director.

(b) The trust fund established under this subsection shall be for the benefit of United States policyholders and United States ceding insurers under insurance policies issued or reinsurance contracts issued or assumed.

(c) The amount of the security required under this subsection must be equal to or greater than:

(A) The capital and surplus required under this section applicable to the line of business written by the captive insurer; and

(B) The net reserves on the insurance policies or reinsurance contracts described in this subsection, including:

(i) Case basis loss and allocated loss adjustment expense reserves;

(ii) Losses and allocated loss adjustment expense amounts incurred but not reported; and

(iii) Unearned premiums with regard to insurance transacted by branch operations.

(d) In accordance with ORS 731.510 (Criteria for allowing reduction from liability for reinsurance) , the director may permit a branch captive insurer that is required to post security for loss reserves on insurance transacted by its reinsurer to reduce the funds in the trust fund established under this section by the same amount as the security posted if the security remains posted with the reinsurer.

(5) A captive insurer may pay dividends or make distributions if all the following requirements are met:

(a) Submission of a report to the director listing all dividends and distributions within five business days following the declaration, and not less than 10 business days prior to payment, of the dividends and distributions, commencing from the date of receipt of the report by the director.

(b) The report required under paragraph (a) of this subsection must demonstrate that the combined capital and surplus of the captive insurer following any dividend or distribution is reasonable in relation to the captive insurer’s outstanding liabilities and adequate to the captive insurer’s financial needs.

(c) A captive insurer may pay dividends or distributions only from earned surplus unless the director gives prior approval for payment from another source. [2012 c.84 §8]

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

Source: Section 735.162 — Capital and surplus requirements; form permitted; security for branch captive insurers; dividends and distributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743.371 — OR Code / Title 56 / Chapter 743 / Section 743.371
743.371 Definitions for credit life and credit health insurance provisions
Status: in_force

(1) “Credit life insurance” means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction.

(2) “Credit health insurance” means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy.

(3) “Creditor” means the lender of money or vendor or lessor of goods, services, property, rights or privileges for which payment is arranged through a credit transaction, or any successor to the right, title or interest of any such lender, vendor or lessor, and an affiliate, associate or subsidiary of any of them or any director, officer or employee of any of them or any other person in any way associated with any of them.

(4) “Debtor” means a borrower of money or a purchaser or lessee of goods, services, property, rights or privileges for which payment is arranged through a credit transaction.

(5) “Indebtedness” means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction. [Formerly 739.565 and then 743.561]

Source: Section 743.371 — Definitions for credit life and credit health insurance provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 750.003 — OR Code / Title 56 / Chapter 750 / Section 750.003
750.003 Purpose
Status: in_force

The purpose of this section and ORS 750.005 (Definitions) , 750.025 (Restricting distribution of income) and 750.045 (Required capitalization) is to encourage and guarantee the development of health care service contractors by licensing and regulating their operation to ensure that they provide high quality health care services through state licensed organizations meeting reasonable standards as to administration, services and financial soundness. [1985 c.747 §64; 2015 c.515 §27]

Source: Section 750.003 — Purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 743a.001 — OR Code / Title 56 / Chapter 743a / Section 743a.001
743A.001 Automatic repeal of certain statutes on individual and group health insurance
Status: repealed

(1) Except as provided in subsection (4) of this section, any statute described in subsection (2) of this section that becomes effective on or after July 13, 1985, is repealed on the sixth anniversary of the effective date of the statute, unless the Legislative Assembly specifically provides otherwise.

(2) This section governs any statute that applies to individual or group health insurance policies and does any of the following:

(a) Requires the insurer to include coverage for specific physical or mental conditions or specific hospital, medical, surgical or dental health services.

(b) Requires the insurer to include coverage for specified persons.

(c) Requires the insurer to provide payment or reimbursement to specified providers of services if the services are within the lawful scope of practice of the provider and the insurance policy provides payment or reimbursement for those services.

(d) Requires the insurer to provide any specific coverage on a nondiscriminatory basis.

(e) Forbids the insurer to exclude from payment or reimbursement any covered services.

(f) Forbids the insurer to exclude coverage of a person because of that person’s medical history.

(3) A repeal of a statute under subsection (1) of this section does not apply to any insurance policy in effect on the effective date of the repeal. However, the repeal of the statute applies to a renewal or extension of an existing insurance policy on or after the effective date of the repealer as well as to a new policy issued on or after the effective date of the repealer.

(4) This section does not apply to ORS 743A.020 (Services provided by acupuncturist) , 743A.080 (Pregnancy and childbirth expenses) , 743A.100 (Mammograms) , 743A.104 (Pelvic examinations and Pap smear examinations) and 743A.108 (Physical examination of breast) . [Formerly 743.700]

Source: Section 743A.001 — Automatic repeal of certain statutes on individual and group health insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 732.659 — OR Code / Title 56 / Chapter 732 / Section 732.659
732.659 Own risk and solvency assessment in accordance with manual
Status: in_force

(1) Subject to the provisions of ORS 732.666 (Exemptions) , an insurer, or the insurance group of which the insurer is a member, shall use a process that is comparable to the process described in the Own Risk and Solvency Assessment Guidance Manual to regularly conduct an own risk and solvency assessment. The insurer, or the insurance group of which the insurer is a member, shall conduct the assessment at least annually but also at any time when significant changes occur in the risk profile of the insurer or insurance group.

(2) A change in the Own Risk and Solvency Assessment Guidance Manual takes effect on a date that the Director of the Department of Consumer and Business Services specifies. [2015 c.547 §5]

Note: See note under 732.650 (Definitions) .

Source: Section 732.659 — Own risk and solvency assessment in accordance with manual , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 732.596 — OR Code / Title 56 / Chapter 732 / Section 732.596
732.596 Request by insurance holding company system for determination or acknowledgement of group-wide supervisor
Status: in_force

An insurance holding company system that is not an internationally active insurance group may request that the Director of the Department of Consumer and Business Services determine or acknowledge a group-wide supervisor for the insurance holding company system in accordance with ORS 732.594 (Director’s determination or acknowledgment of appropriate group-wide supervisor for internationally active insurance group) . [2017 c.479 §3]

Source: Section 732.596 — Request by insurance holding company system for determination or acknowledgement of group-wide supervisor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 744.710 — OR Code / Title 56 / Chapter 744 / Section 744.710
744.710 Issuance or denial of license
Status: in_force

(1) If the Director of the Department of Consumer and Business Services determines that an applicant has satisfied all requirements for a license as a third party administrator, the director shall issue the license to the applicant. The director shall not issue a license if the director determines that the third party administrator, or any individual responsible for the conduct of affairs of the third party administrator, as required to be set forth in the application for the license, is not competent, trustworthy, financially responsible or of good personal and business reputation, or has had a license or other document of authority to transact insurance as an insurer, insurance producer or third party administrator denied or revoked for cause by any state.

(2) If the director denies an application, the director shall so inform the applicant, stating the grounds for the denial. [1991 c.812 §7; 2003 c.364 §129]

Source: Section 744.710 — Issuance or denial of license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 748.211 — OR Code / Title 56 / Chapter 748 / Section 748.211
748.211 Benefit contract
Status: in_force

(1) Every society authorized to do business in this state shall issue to each owner of a benefit contract a certificate specifying the amount of benefits provided. The certificate, together with any riders or indorsements attached to it, the laws of the society, the application for membership, the application for insurance and declaration of insurability, if any, signed by the applicant, and all amendments to each, shall constitute the benefit contract, as of the date of issuance, between the society and the owner, and the certificate shall so state. The laws of the society need not be stated in full in the certificate, except as provided in this section. A copy of the application for insurance and declaration of insurability, if any, shall be indorsed upon or attached to the certificate. All statements on the application shall be representations and not warranties. Any waiver of this provision shall be void.

(2) Any changes, additions or amendments to the laws of the society duly made or enacted subsequent to the issuance of the certificate, shall bind the owner and the beneficiaries, and shall govern and control the benefit contract in all respects the same as though the changes, additions or amendments had been made prior to and were in force at the time of the application for insurance, except that no change, addition or amendment shall destroy or diminish benefits which the society contracted to give the owner as of the date of issuance.

(3) Any person upon whose life a benefit contract is issued prior to attaining the age of majority shall be bound by the terms of the application and certificate and by all the laws and rules of the society to the same extent as though the age of majority had been attained at the time of application.

(4) A society shall provide in its laws that if its reserves as to all or any class of certificates become impaired, its board of directors or corresponding body may require that there be paid by the owner to the society the amount of the owner’s equitable proportion of the deficiency as ascertained by its board, and that if the payment is not made:

(a) It shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or

(b) In lieu of or in combination with paragraph (a) of this subsection, the owner may accept a proportionate reduction in benefits under the certificate.

(5) The society may specify the manner of the election of the alternatives specified in subsection (4) of this section and which alternative is to be presumed if no election is made.

(6) Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions of the documents.

(7) No certificate shall be delivered or issued for delivery in this state unless a copy of the form has been filed with and approved by the Director of the Department of Consumer and Business Services, and is subject to withdrawal of approval, in the manner provided for like policies issued by life and health insurers in this state. Every life, accident, health or disability insurance certificate and every annuity certificate issued on or after one year from January 1, 1988, shall meet the standard contract provision requirements not inconsistent with this chapter for like policies issued by life and health insurers in this state, except that a society may provide for a grace period for payment of premiums of one full month in its certificates. The certificates shall also contain a provision stating the amount of premiums which are payable under the certificate and a provision reciting or setting forth the substance of any sections of the society’s laws or rules in force at the time of issuance of the certificate which, if violated, shall result in the termination or reduction of benefits payable under the certificate. In addition, except for contracts issued on a variable basis as authorized by ORS 748.409 (Assets of society) , the certificate shall contain a provision stating the substance of the society’s laws required under subsections (4) and (5) of this section. If the laws of the society provide for expulsion or suspension of a member, the certificate shall also contain a provision that any member so expelled or suspended, except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership or insurance, shall have the privilege of maintaining the certificate in force by continuing payment of the required premium.

(8) Benefit contracts issued on the lives of persons below the society’s minimum age for adult membership may provide for transfer of control or ownership to the insured at an age specified in the certificate. A society may require approval of an application for membership in order to effect this transfer, and may provide in all other respects for the regulation, government and control of the certificates and all rights, obligations and liabilities incident thereto and connected therewith. Ownership rights prior to the transfer shall be specified in the certificate.

(9) A society may specify the terms and conditions on which benefit contracts may be assigned. [1987 c.490 §20; 1991 c.182 §13]

Source: Section 748.211 — Benefit contract; certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 734.620 — OR Code / Title 56 / Chapter 734 / Section 734.620
734.620 Notification of insolvency to insured persons
Status: in_force

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

(1) Require the Oregon Insurance Guaranty Association to notify the insureds of an insolvent insurer of the determination of insolvency and of their rights under ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) . Such notification may be by:

(a) Certified or first-class mail to the address of each such person as it last appears in the records of the director or the insurer;

(b) Publication in a newspaper of general circulation in this state if the addresses of those persons to be notified is not available from the records of the director or the insurer; or

(c) Any combination of the methods referred to in paragraphs (a) and (b) of this subsection that the association considers likely to inform the persons of their rights under ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) .

(2) Revoke the designation of any servicing facility that the director finds is not processing and paying claims in the manner provided in the plan and in ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) . [1971 c.616 §13]

Source: Section 734.620 — Notification of insolvency to insured persons; revocation of designation of servicing facility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).