ORS § 744.584 — OR Code / Title 56 / Chapter 744 / Section 744.584
744.584 Prohibited conduct
Status: in_force

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

(a) Act in an incompetent or untrustworthy manner.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Intentionally left blank —Ed.

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

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

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

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

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

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

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

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

(b) The Director of the Department of Consumer and Business Services erred in approving, issuing, renewing or reinstating a license under ORS 744.521 (Powers of director to issue, renew, amend, suspend and reinstate licenses) .

(4) Intentionally left blank —Ed.

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

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

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

(d) During any probationary period, the director may take any disciplinary action described in subsection (2) of this section. [2019 c.151 §10]

Source: Section 744.584 — Prohibited conduct; penalties and disciplinary action; hearings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 732.470 — OR Code / Title 56 / Chapter 732 / Section 732.470
732.470 Voting rights of members of mutual insurer
Status: in_force

(1) Each member of a domestic mutual insurer is entitled to one vote on each matter coming before a meeting of the members and for each director to be elected regardless of the number of policies or amount of insurance and benefits held by such member.

(2) The member under a group policy shall have but one vote regardless of the number of individuals insured or benefited thereunder.

(3) Two or more persons who qualify as policyholders under a single policy shall be deemed one policyholder and member for purposes of voting and collectively shall be entitled to one vote.

(4) Fractional voting may not be permitted.

(5) When a member is a minor, the vote shall be vested in the parent or legal guardian of the minor.

(6) Cumulative voting for directors may not be permitted unless expressly provided for in the insurer’s articles of incorporation.

(7) The right to vote shall be subject to such reasonable minimum requirements as to duration of membership as may be made in the articles of incorporation and bylaws of the insurer.

(8) A member may in every case vote in person or by proxy. The right to vote by proxy shall be subject to reasonable provisions pertaining thereto, including the duration of proxies, contained in the articles of incorporation or bylaws of the insurer. [Formerly 739.170; 2001 c.352 §6; 2003 c.14 §447]

Source: Section 732.470 — Voting rights of members of mutual insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 731.640 — OR Code / Title 56 / Chapter 731 / Section 731.640
731.640 Eligible deposits
Status: in_force

(1) Deposits which are required or permitted under the Insurance Code shall consist only of the following:

(a) Cash.

(b) Amply secured obligations of the United States, a state or a political subdivision thereof.

(c) Certificates of deposit or other investments described in ORS 733.650 (Investment of funds in certain obligations and other specified items) (4). The Director of the Department of Consumer and Business Services may promulgate rules to limit such investments.

(d) A surety bond, approved by the director, executed by an authorized surety insurer that is not under common ownership, management or control with the person making the deposit. This paragraph does not apply to deposits made by surety insurers or to workers’ compensation deposits made under ORS 731.628 (Deposit required of workers’ compensation insurers) .

(e) Amply secured obligations of a corporation rated by the National Association of Insurance Commissioners as Class 1. This paragraph applies only to that portion of the total deposit that exceeds $50 million. The director may adopt rules to require periodic review of the secured obligations of a corporation allowed under this paragraph.

(2) Deposits of domestic insurers made pursuant to the laws of other jurisdictions shall consist of cash or securities as required or permitted by the laws of such jurisdictions. [1967 c.359 §121; 1973 c.450 §1; 1981 c.854 §61; 1999 c.196 §6a; 2003 c.123 §1]

Source: Section 731.640 — Eligible deposits; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.364 — OR Code / Title 56 / Chapter 742 / Section 742.364
742.364 Fixing amount of new bond after release from original
Status: in_force

Whenever a notice is filed, or filed and served, as provided in ORS 742.358 (Release of surety on official bonds by action of obligee) , 742.360 (Release of surety on bond of public official by action of surety) and 742.362 (Release of surety on depository bond) , or received after mailed as provided in ORS 742.366 (Cancellation of bond by surety) , the proper authority shall prescribe the penalty or amount in which a new or additional bond or undertaking shall be filed. If no such order is made the new or additional bond or undertaking shall be executed for the same amount as the original. [Formerly 747.170 and then 743.753]

Source: Section 742.364 — Fixing amount of new bond after release from original , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743.044 — OR Code / Title 56 / Chapter 743 / Section 743.044
743.044 Life insurance for benefit of charity
Status: in_force

(1) Life insurance policies may be effected although the person paying the consideration has no insurable interest in the life of the person insured if a charitable, benevolent, educational or religious institution is designated irrevocably as the beneficiary.

(2) In making such policies the person paying the premium shall make and sign the application therefor as owner. The application also must be signed by the person whose life is to be insured. Such a policy shall be valid and binding between and among all of the parties thereto.

(3) The person paying the consideration for such insurance shall have all rights conferred by the policy to loan value at any time during the premium-paying period, but not at maturity, notwithstanding such person has no insurable interest in the life of the person insured. [Formerly 743.030]

Source: Section 743.044 — Life insurance for benefit of charity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 735.025 — OR Code / Title 56 / Chapter 735 / Section 735.025
735.025 Construction
Status: in_force

ORS 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties) shall be liberally construed to effect the purpose provided in ORS 735.015 (Purpose) . [1971 c.321 §3]

Source: Section 735.025 — Construction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743a.140 — OR Code / Title 56 / Chapter 743a / Section 743a.140
743A.140 Bilateral cochlear implants
Status: in_force

(1) A health benefit plan, as defined in ORS 743B.005 (Definitions) , shall reimburse the cost of:

(a) Bilateral cochlear implants if medically appropriate for the treatment of hearing loss; and

(b) The fitting, programming and reprogramming of bilateral or unilateral cochlear implants or other assistive listening devices performed by licensed audiologists.

(2) For purposes of ORS 746.230 (Unfair claim settlement practices) , a reasonable investigation of a claim for bilateral cochlear implants must include a request to the treating surgeon for a written recommendation based on peer-reviewed medical literature and for the medical findings that support the recommendation.

(3) A health benefit plan shall reimburse the cost of repair and replacement parts for a cochlear implant if the repair or parts are not covered by a warranty and are necessary for the device to be functional for the user.

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

(5) An adverse determination on a claim for coverage under this section must include a prominent notice to the enrollee of the enrollee’s rights to file grievances and request appeals and reviews under ORS 743B.250 (Required notices to applicants and enrollees) and must provide a toll-free telephone number or chat line for enrollees to seek assistance in contesting the denial of or limitation on coverage.

(6) Coverage under this section may not be subject to a deductible, except as provided in ORS 742.008 (Health savings account exemption from prohibition on deductible) .

(7) The provisions of this section are exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [2007 c.504 §2; 2018 c.9 §1; 2023 c.424 §3]

Note: 743A.140 (Bilateral cochlear implants) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743A.140 — Bilateral cochlear implants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 743b.285 — OR Code / Title 56 / Chapter 743b / Section 743b.285
743B.285 Rules
Status: in_force

The Director of the Department of Consumer and Business Services shall adopt rules necessary to carry out the purposes of ORS 743B.280 (Definitions for ORS 743B.280 to 743B.285) to 743B.285 (Rules) . [Formerly 743.893]

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

Source: Section 743B.285 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 737.515 — OR Code / Title 56 / Chapter 737 / Section 737.515
737.515 Examination of rating, advisory and other organizations
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall make or cause to be made an examination of each rating and advisory organization complying with and referred to in ORS 737.350 (Application for license by rating organization) or 737.510 (Advisory organizations) and of each organization referred to in ORS 737.390 (Regulation of joint underwriting and joint reinsurance) as often as the director deems expedient.

(2) The reasonable costs of any such examination shall be paid by the organization examined, upon presentation to it of a detailed account of such costs. The officers, manager, agents and employees of any such organization may be examined at any time under oath and shall exhibit all books, records, accounts, documents or agreements governing its methods of operation.

(3) All such examinations shall be conducted as provided in ORS 731.300 (Examination of insurers) to 731.316 (Expenses of examination of insurer) .

(4) In lieu of any such examination the director may accept the report of an examination made by the insurance supervisory official of another state, pursuant to the laws of such state. [Amended by 1967 c.359 §329; 2011 c.45 §1]

Source: Section 737.515 — Examination of rating, advisory and other organizations; payment of costs; acceptance of report from another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 731.762 — OR Code / Title 56 / Chapter 731 / Section 731.762
731.762 Authority of director
Status: in_force

(1) ORS 731.761 (Privileged information) does not limit the authority of the Director of the Department of Consumer and Business Services to acquire any insurance compliance self-evaluative audit document or to examine any person in connection with the document. If the director determines that the actions of an insurer are egregious, the director may introduce and use the document in any administrative proceeding or civil action under the Insurance Code. The director may require that an insurer submit an insurance compliance self-evaluative audit document for the purpose of an examination or investigation conducted under this chapter. An insurer may also voluntarily submit an insurance compliance self-evaluative audit document to the director.

(2) Any insurance compliance self-evaluative audit document submitted to the director under this section and in the possession of the director remains the property of the insurer and is not subject to disclosure or production under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(3) Intentionally left blank —Ed.

(a) The director shall consider the corrective action taken by an insurer to eliminate problems identified in the insurance compliance self-evaluative audit document as a mitigating factor when determining a civil penalty or other action against the insurer.

(b) The director may, in the director’s sole discretion, decline to impose a civil penalty or take other action against an insurer based on information obtained from an insurance compliance self-evaluative audit document if the insurer has taken reasonable corrective action to eliminate the problems identified in the document.

(4) Disclosure of an insurance compliance self-evaluative audit document to a governmental agency, whether voluntarily or pursuant to compulsion of law, does not constitute a waiver of the privilege set forth in ORS 731.761 (Privileged information) for any other purpose.

(5) The director may not be compelled to produce an insurance compliance self-evaluative audit document. [2001 c.329 §4]

Source: Section 731.762 — Authority of director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.160 — OR Code / Title 56 / Chapter 742 / Section 742.160
742.160 Effect of novation of policy under assumption reinsurance agreement
Status: in_force

If a policyholder consents to a transfer as provided in ORS 742.158 (Rejection of transfer by policyholder) , or if a transfer is effected under ORS 742.162 (Transfer and novation of policy effected by director) , the effect of the novation of the policy subject to the assumption reinsurance agreement is that the transferring insurer is relieved of all insurance obligations or risks transferred under the assumption reinsurance agreement and the assuming insurer becomes directly and solely liable to the policyholder for those insurance obligations and risks. [1995 c.30 §7]

Source: Section 742.160 — Effect of novation of policy under assumption reinsurance agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743a.044 — OR Code / Title 56 / Chapter 743a / Section 743a.044
743A.044 Services provided by physician assistant
Status: in_force

(1) An insurer may not refuse a claim solely on the ground that the claim was submitted by a physician assistant rather than by a physician, podiatric physician or employer with whom the physician assistant has entered into a collaboration agreement, as defined in ORS 677.495 (Definitions for ORS 677.495 to 677.535) .

(2) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [Formerly 743.725; 2010 c.43 §9; 2021 c.349 §17]

Source: Section 743A.044 — Services provided by physician assistant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 750.307 — OR Code / Title 56 / Chapter 750 / Section 750.307
750.307 Requirements for association or group
Status: in_force

A trust carrying out a multiple employer welfare arrangement must be established and maintained by an association or group of employers meeting the following requirements:

(1) The association or group must be composed of five or more employers that are in the same trade or industry, including employers in closely related businesses that provide support, services or supplies primarily to that trade or industry.

(2) The association or group must be engaged in substantive activity for its members other than sponsorship of an employee welfare benefit plan.

(3) At the time of application for a certificate of multiple employer welfare arrangement, the association or group must have applications for participation in the multiple employer welfare arrangement from five or more employers and show that it will provide similar benefits for 200 or more participating employees.

(4) The association or group must have been in existence as an association or group described in subsection (1) of this section for a period of not less than two years prior to the date of application for the certificate of multiple employer welfare arrangement.

(5) The association or group must establish and maintain an employee welfare benefit plan through the multiple employer welfare arrangement, and the plan must be controlled and sponsored directly by participating employers.

(6) The association or group must show that the annual gross contributions of the employee welfare benefit plan will be not less than $50,000 for a plan that provides only vision benefits, $175,000 for a plan that provides only dental benefits, and $450,000 for any other plan. [1993 c.615 §5]

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

Source: Section 750.307 — Requirements for association or group , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 742.031 — OR Code / Title 56 / Chapter 742 / Section 742.031
742.031 Bankruptcy clause required in certain liability policies
Status: in_force

A policy of insurance against loss or damage resulting from accident to or injury suffered by an employee or other person and for which the person insured is liable, or against loss or damage to property caused by horses or by any vehicle drawn, propelled or operated by any motive power, and for which loss or damage the person insured is liable, shall contain within such policy a provision substantially as follows: “Bankruptcy or insolvency of the insured shall not relieve the insurer of any of its obligations hereunder. If any person or legal representative of the person shall obtain final judgment against the insured because of any such injuries, and execution thereon is returned unsatisfied by reason of bankruptcy, insolvency or any other cause, or if such judgment is not satisfied within 30 days after it is rendered, then such person or legal representatives of the person may proceed against the insurer to recover the amount of such judgment, either at law or in equity, but not exceeding the limit of this policy applicable thereto.” [Formerly 743.783 and then 743.772]

Source: Section 742.031 — Bankruptcy clause required in certain liability policies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 748.601 — OR Code / Title 56 / Chapter 748 / Section 748.601
748.601 Exemptions from chapter
Status: in_force

(1) Except as provided in subsection (2) of this section, this chapter does not affect or apply to:

(a) Grand or subordinate lodges of orders, societies or associations that do business in this state and that provide benefits exclusively through local or subordinate lodges;

(b) Orders, societies or associations that admit to membership only persons that are engaged in one or more crafts or hazardous occupations, in the same or similar lines of business, insuring only the members of the orders, societies or associations and the families of the members, and any societies that are auxiliary to the orders, societies or associations;

(c) Domestic societies that limit membership to employees of a particular city or town, designated firm, business house or corporation and that provide for a death benefit of not more than $400 or disability benefits of not more than $350 to any person in any one year;

(d) Domestic societies or associations with a purely religious, charitable or benevolent purpose that provide for a death benefit of not more than $400 or for disability benefits of not more than $350 to any one person in any one year; or

(e) An association, including but not limited to a fraternal benefit society, that was organized before 1880, the members of which are or were members of the Armed Forces of the United States, and that has as a principal purpose providing insurance and other benefits to the association’s members and the dependents and beneficiaries of the association’s members.

(2) Intentionally left blank —Ed.

(a) A society or association described in subsection (1)(c) or (d) of this section that provides for death or disability benefits for which benefit certificates are issued is not exempt from and shall comply with the provisions of this chapter.

(b) A society or association described in subsection (1)(d) of this section that has more than 1,000 members is not exempt from and shall comply with the provisions of this chapter.

(3) Except for an order, society or association that is described in subsection (1)(b) of this section, an order, society or association that, by the provisions of this section, is exempt from the requirements of this chapter may not give or allow, or promise to give or allow, to any person any compensation for procuring new members.

(4) Every society that provides for benefits in case of death or disability that results solely from accident, and that does not obligate the society to pay natural death or sick benefits, has all of the privileges and is subject to all the applicable provisions and regulations of this chapter, except that the provisions relating to medical examination, valuations of benefit certificates and incontestability do not apply to the society.

(5) The Director of the Department of Consumer and Business Services may require from any society or association, by examination or otherwise, any information that enables the director to determine whether the society or association is exempt from the provisions of this chapter.

(6) An association that is exempt under subsection (1)(e) of this section shall prove to the director’s satisfaction that the association is exempt from federal taxation under section 501(c) of the Internal Revenue Code. An association that is exempt under subsection (1)(e) of this section is subject to the following provisions:

(a) On or before June 1 of each calendar year, the association shall file with the director a true and complete statement of the association’s financial condition, transactions and business affairs for the preceding calendar year that is audited by an independent certified public accountant and accompanied by an actuarial opinion, as provided in ORS 733.304 (Opinion of actuary) . For purposes of this paragraph, the director accepts and approves the statement and the opinion unless the director issues an order to disapprove the statement or opinion within 30 days after the association submits the statement and opinion.

(b) The director may require the association to file a financial statement each quarter or at other intervals the director specifies in response to factors or trends that affect insurers that transact a particular class or classes of insurance or because of changes in the management or financial condition of the association.

(c) The director may order the association to increase the association’s capital or surplus to amounts the director deems sufficient to meet the association’s liabilities, if the director has reason to believe that the association does not have sufficient capital or surplus based on eligible assets in accordance with ORS chapter 733. The director may order an association to cease and desist from assuming any additional liabilities in this state until the association complies with the director’s order to increase the association’s capital or surplus.

(d) The association shall include with each life insurance policy or annuity that the association issues a notice in bold type or otherwise clear and conspicuous writing a notice that reads:

This policy is issued by an association that does not have a certificate of authority from the insurance division of the Department of Consumer and Business Services. If the association that issued this policy becomes insolvent, members or claimants under this policy are not eligible for insurance guaranty fund protection under Oregon law ( ORS 734.550 (Oregon Insurance Guaranty Association) ).

(7) Societies and associations that are exempt under the provisions of this section are also exempt from all other provisions of the insurance laws of this state, except as provided in ORS 731.042 (Certificate of exemption) . [1987 c.490 §44; 1991 c.182 §16; 2003 c.802 §176; 2015 c.460 §1]

Source: Section 748.601 — Exemptions from chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 741.001 — OR Code / Title 56 / Chapter 741 / Section 741.001
741.001 Health insurance exchange
Status: in_force

It is the intent of the Legislative Assembly that the health insurance exchange be administered in such a manner as to:

(1) Incorporate the goals of improving the lifelong health of all Oregonians, increasing the quality, reliability and availability of health insurance for all Oregonians and lowering or containing the cost of health insurance so that health insurance is affordable to everyone.

(2) Promote the public interest and for the benefit of the people and businesses that obtain health insurance coverage for themselves, their families and their employees through the exchange.

(3) Empower Oregonians by giving them the information and tools they need to make health insurance choices that meet their needs and values.

(4) Improve health care quality and public health, mitigate health disparities linked to race, ethnicity, primary language and similar factors, control costs and ensure access to affordable, equitable and high-quality health care throughout this state.

(5) Be accountable to the public.

(6) Encourage the development of new health insurance products that offer innovative:

(a) Benefit packages for the coverage of health care services;

(b) Health care delivery systems; and

(c) Payment mechanisms. [2011 c.415 §2; 2015 c.3 §16]

Source: Section 741.001 — Health insurance exchange; legislative intent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors741.­html (accessed May 26, 2025).
ORS § 734.420 — OR Code / Title 56 / Chapter 734 / Section 734.420
734.420 Order to pay assessment
Status: in_force

After levy of assessment as provided in ORS 734.410 (Levy of assessment) and upon the filing of a further detailed report by the Director of the Department of Consumer and Business Services, the court shall issue an order directing each member (in the case of a mutual insurer) or each subscriber (in the case of a reciprocal insurer) if the member or subscriber shall not pay the amount assessed against the member or subscriber to the director on or before a day to be specified in the order, to show cause why the member or subscriber should not be held liable to pay such assessment together with costs as set forth in ORS 734.440 (Judgment upon assessment) , and why the director should not have judgment therefor. [1967 c.359 §296]

Source: Section 734.420 — Order to pay assessment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 732.240 — OR Code / Title 56 / Chapter 732 / Section 732.240
732.240 Trusts of life insurance proceeds
Status: in_force

(1) Any domestic insurer may hold in trust the proceeds of any life insurance policy issued by it. Such a trust shall be upon such terms and subject to such limitations as to revocation by the policyholder and control by the beneficiary thereunder as are agreed to in writing by the insurer and the policyholder.

(2) Trust provisions authorized by this section shall in no manner subject the insurer to any of the provisions of the laws of this state relating to banks or trust companies.

(3) The forms of such trust agreements shall be first submitted to and approved by the Director of the Department of Consumer and Business Services. [Formerly 739.410]

Source: Section 732.240 — Trusts of life insurance proceeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 732.230 — OR Code / Title 56 / Chapter 732 / Section 732.230
732.230 Order to cure impairment
Status: in_force

(1) Whenever the Director of the Department of Consumer and Business Services determines from any showing or statement made to the director or from any examination made by the director that the assets of a domestic insurer are less than its liabilities plus required capitalization, the director may proceed immediately under the provisions of ORS chapter 734 or the director may allow the insurer a period of time, not to exceed 90 days, in which to make good the amount of the impairment with cash or authorized investments.

(2) If the amount of any such impairment is not made good within the time prescribed by the director under subsection (1) of this section, the director shall proceed under the provisions of ORS chapter 734.

(3) An order directing an insurer to cure an impairment is confidential as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) , for such time as the director considers proper but not exceeding the time prescribed by the director for making the amount of the impairment good. If the director determines that the public interest in disclosure outweighs the public interest in protecting or salvaging the solvency of the insurer, the director may make the order available for public inspection. [1967 c.359 §169; 1991 c.401 §5; 2001 c.377 §9]

Source: Section 732.230 — Order to cure impairment; confidentiality of order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 746.292 — OR Code / Title 56 / Chapter 746 / Section 746.292
746.292 Motor vehicle repair shops
Status: in_force

(1) All work done by a motor vehicle body and frame repair shop shall be recorded on an invoice and shall describe all service work done and parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. If any component system installed is composed of new and used parts, such invoice shall clearly state that fact. One copy of the invoice shall be given to the customer and one copy shall be retained by the motor vehicle body and frame repair shop.

(2) Before commencing repair work and upon the request of any customer, a motor vehicle body and frame repair shop shall make an estimate in writing of the parts and labor necessary for the repair work, and shall not charge for the work done or parts supplied in excess of the estimate without the consent of such customer.

(3) Intentionally left blank —Ed.

(a) If crash parts to be used in the repair work are supplied by the original equipment manufacturer, the parts shall be accompanied by a warranty that guarantees the customer that the parts meet or exceed standards used in manufacturing the original equipment.

(b) If crash parts to be used in the repair work are not supplied by the original equipment manufacturer, the estimate shall include a statement that says:

This estimate has been prepared based on the use of a motor vehicle crash part not made by the original equipment manufacturer. The use of a motor vehicle crash part not made by the original equipment manufacturer may invalidate any remaining warranties of the original equipment manufacturer on that motor vehicle part. The person who prepared this estimate will provide a copy of the part warranty for crash parts not made by the original equipment manufacturer for comparison purposes.

(4) No motor vehicle body and frame shop may:

(a) Supply or install used parts, or any component system composed of new and used parts, when new parts or component systems are or were to be supplied or installed.

(b) Supply or install, without the owner’s consent, any aftermarket crash part unless the part has been certified by an independent test facility to be at least equivalent to the part being replaced. For purposes of this paragraph, an aftermarket crash part is at least equivalent to the part being replaced if the aftermarket crash part is the same kind of part and is at least the same quality with respect to fit, finish, function and corrosion resistance.

(c) Charge for repairs not actually performed, or add the cost of repairs not actually to be performed to any repair estimate.

(d) Refuse any insurer, or its insured, or their agents or employees, reasonable access to any repair facility for the purpose of inspecting or reinspecting the damaged vehicle during usual business hours.

(5) As used in ORS 746.287 (Insurer requirement of installation of aftermarket crash part in vehicle) and this section, “aftermarket crash part” means a motor vehicle replacement part, sheet metal or plastic, that constitutes the visible exterior of the vehicle, including an inner or outer panel, is generally repaired or replaced as the result of a collision and is not supplied by the original equipment manufacturer. [1977 c.785 §5; 1987 c.622 §1]

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

Source: Section 746.292 — Motor vehicle repair shops; invoices; estimates; warranties; prohibited practices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 744.056 — OR Code / Title 56 / Chapter 744 / Section 744.056
744.056 Exemptions from insurance producer licensing requirements
Status: in_force

(1) ORS 744.052 (Definitions for ORS 744.052 to 744.089) to 744.089 (Report of administrative action taken against insurance producer) do not require an insurer to obtain a license as an insurance producer as required by ORS 744.053 (Requirements to be licensed as insurance producer for class of insurance) . For purposes of this section, the term “insurer” does not include an insurer’s officers, directors, employees, subsidiaries or affiliates.

(2) A license as an insurance producer is not required of any of the following:

(a) An officer, director or employee of an insurer or an insurance producer, if the officer, director or employee does not receive any commission on or fee for policies written or sold to insure risks residing, located or to be performed in this state and:

(A) The officer’s, director’s or employee’s activities are executive, administrative, managerial, clerical or a combination of these, and are only indirectly related to the sale, solicitation or negotiation of insurance;

(B) The officer’s, director’s or employee’s function relates to underwriting, loss control, inspection or the processing, adjusting, investigating or settling of a claim on a contract of insurance; or

(C) The officer, director or employee is acting in the capacity of an agency supervisor assisting insurance producers when the person’s activities are limited to providing technical advice and assistance to insurance producers and do not include the sale, solicitation or negotiation of insurance.

(b) A person who does either of the following, when the person does not receive any commission or fee for the service:

(A) Secures and furnishes information for the purpose of group life insurance, group property and casualty insurance, group annuities or group or blanket health insurance or for the purpose of enrolling individuals under plans, issuing certificates under plans or otherwise assisting in administrative plans; or

(B) Performs administrative services related to mass-marketed property and casualty insurance.

(c) An employer or an association of employers or its officers, directors or employees, or the trustees of an employee trust plan:

(A) To the extent that the employers, associations, directors, officers, employees or trustees are engaged in the administration or operation of a program of employee benefits for the employer’s or association’s own employees or the employees of its subsidiaries or affiliates;

(B) To the extent that the program of employee benefits involves the use of insurance issued by an insurer; and

(C) As long as the employers, associations, officers, directors, employees or trustees are not in any manner compensated, directly or indirectly, by the insurer issuing the insurance.

(d) An employee of an insurer or an organization employed by insurers who is engaging in the inspection, rating or classification of risks, or in the supervision of the training of insurance producers and who is not individually engaged in the sale, solicitation or negotiation of insurance.

(e) A person whose activities in this state are limited to advertising without the intent to solicit insurance in this state through communications in printed publications or electronic mass media, the distribution of which is not limited to residents of this state, but only if the person does not sell, solicit or negotiate insurance that would insure risks residing, located or to be performed in this state.

(f) A person who is not a resident of this state who sells, solicits or negotiates a policy of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that policy, but only if the person is otherwise licensed as an insurance producer to sell, solicit or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state.

(g) A salaried full-time employee who counsels or advises the employer of the employee relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer, but only if the employee does not sell or solicit insurance or receive any commission.

(h) An attorney in fact of an authorized reciprocal insurer, or the salaried representative of the insurer or attorney who does not receive any commission.

(i) A person engaging in the lawful transaction of reinsurance.

(j) Salaried employees of title insurance producers or insurers, except for the individual or individuals designated as exercising the powers conferred by a title insurance producer’s license.

(k) Any agent or representative of persons exempt from the Insurance Code under ORS 731.036 (Persons completely exempt from application of Insurance Code) or holding a certificate of exemption under ORS 731.042 (Certificate of exemption) , with respect to the exempted transactions.

(L) Any agent or representative of a fraternal benefit society who devotes, or intends to devote, less than 50 percent of the agent’s or representative’s time to the solicitation and procurement of insurance policies for that society. Any person who in the preceding calendar year has solicited and procured life insurance policies on behalf of any fraternal benefit society for an amount of insurance in excess of $50,000 or, in the case of any other class or classes of insurance that the society might write, on the persons of more than 25 individuals, and who has received or will receive a commission or other compensation therefor, shall be presumed to be devoting, or intending to devote, 50 percent or more of the person’s time to the solicitation and procurement of insurance policies for that society.

(m) An individual engaging in the lawful transaction of home protection insurance if the individual is a real estate licensee as defined in ORS 696.010 (Definitions) , and if the transaction of such insurance by the individual is subject to a written contract, to which the insurer is a party, governing the individual’s activities in the transaction.

(n) Salaried employees of a financial institution or trust company, as those terms are defined in ORS 706.008 (Additional definitions for Bank Act) , who, in the regular course of business with the customers of the financial institution or trust company, present the customers with written information about savings account annuities issued by an authorized insurer. Any person who purchases such an annuity may rescind the transaction within 10 days after the issuance of the contract. For purposes of this paragraph, “savings account annuities” means annuities purchased with the proceeds of a savings account, certificate or share in a financial institution or trust company.

(3) A person who provides general insurance advice in connection with providing other professional services such as legal services, trust services, tax and accounting services, financial planning or investment advisory services is not considered to be soliciting the sale of insurance for the purpose of the definition of “insurance producer” in ORS 731.104 (“Insurance producer.”) . [2001 c.191 §4; 2003 c.364 §4; 2003 c.802 §175; 2007 c.71 §242; 2007 c.319 §34]

Source: Section 744.056 — Exemptions from insurance producer licensing requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 742.286 — OR Code / Title 56 / Chapter 742 / Section 742.286
742.286 Mortgage insurance
Status: in_force

All policies and contracts of insurance covering liens or security interests in real property shall be written by authorized mortgage insurers. No other class of insurer may write any form of mortgage insurance. [Formerly 743.711]

Source: Section 742.286 — Mortgage insurance; who may write , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 731.312 — OR Code / Title 56 / Chapter 731 / Section 731.312
731.312 Report of examination
Status: in_force

(1) Not later than the 60th day after completion of an examination, the examiner in charge of the examination shall submit to the Director of the Department of Consumer and Business Services a full and true report of the examination, verified by the oath of the examiner. The report shall comprise only facts appearing upon the books, papers, records, accounts, documents or computer and other recordings of the person, its agents or other persons being examined or facts ascertained from testimony of individuals concerning the affairs of such person, together with such conclusions and recommendations as reasonably may be warranted from such facts.

(2) The director shall make a copy of the report submitted under subsection (1) of this section available to the person who is the subject of the examination and shall give the person an opportunity to review and comment on the report. The director may request additional information or meet with the person for the purpose of resolving questions or obtaining additional information, and may direct the examiner to consider the additional information for inclusion in the report.

(3) Before the director files the examination report as a final examination report or makes the report or any matters relating thereto public, the person being examined shall have an opportunity for a hearing. A copy of the report must be mailed by certified mail to the person being examined. The person may request a hearing not later than the 30th day after the date on which the report was mailed. This subsection does not limit the authority of the director to disclose a preliminary or final examination report as otherwise provided in this section.

(4) The director shall consider comments presented at a hearing requested under subsection (3) of this section and may direct the examiner to consider the comments or direct that the comments be included in documentation relating to the report, although not as part of the report itself. The director may file the report as a final examination report at any time after consideration of the comments or at any time after the period for requesting a hearing has passed if a hearing is not requested.

(5) A report filed as a final examination report is subject to public inspection. The director, after filing any report, if the director considers it for the interest of the public to do so, may publish any report or the result of any examination as contained therein in one or more newspapers of the state without expense to the person examined.

(6) All work papers, recorded information, documents and copies thereof that are produced or obtained by or disclosed to the director or any other person in the course of an examination or in the course of analysis by the director of the financial condition or market conduct of an insurer are confidential and are exempt from public inspection as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) . If the director, in the director’s sole discretion, determines that disclosure is necessary to protect the public interest, the director may make available work papers, recorded information, documents and copies thereof produced by, obtained by or disclosed to the director or any other person in the course of the examination.

(7) The director may disclose the content of an examination report that has not yet otherwise been disclosed or may disclose any of the materials described in subsection (6) of this section as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) . [Formerly 736.560; 1993 c.447 §4; 1999 c.364 §1; 2001 c.377 §5]

Source: Section 731.312 — Report of examination; review by person examined; hearing; confidentiality of certain information and documents; permitted disclosures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 744.708 — OR Code / Title 56 / Chapter 744 / Section 744.708
744.708 Waiver of information requirement
Status: in_force

Upon request from a third party administrator, the Director of the Department of Consumer and Business Services may waive requirements established pursuant to ORS 744.706 (Application for license) for information to be included in or with the application if the third party administrator has a valid license or other document of authority as a third party administrator issued in a state having requirements for third party administrators that the director determines to be sufficiently similar to the requirements established under ORS 744.706 (Application for license) so that the filing of the information would serve little or no regulatory purpose. [1991 c.812 §6]

Source: Section 744.708 — Waiver of information requirement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743.685 — OR Code / Title 56 / Chapter 743 / Section 743.685
743.685 Outline of coverage
Status: in_force

(1) In order to provide for full and fair disclosure in the sale of Medicare supplement policies, no Medicare supplement policy or certificate shall be delivered in this state unless an outline of coverage is delivered to the applicant at the time application is made.

(2) The Director of the Department of Consumer and Business Services shall prescribe the format and content of the outline of coverage required by subsection (1) of this section. The director shall consult with the Governor’s Commission on Senior Services concerning the content and format of the outline of coverage, especially in reference to the ease with which senior citizens may understand the form and compare the coverage provided under the policy to which the outline of coverage refers. For purposes of this section, “format” means style, arrangements and overall appearance, including such items as the size, color and prominence of type and arrangement of text and captions. The outline of coverage required by subsection (1) of this section shall include at least the following:

(a) A description of the principal benefits and coverage provided in the policy;

(b) A statement of the renewal provisions, including any reservation by the insurer of a right to change premiums and disclosure of the existence of any automatic renewal premium increases based on the policyholder’s age; and

(c) A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions.

(3) Insurers shall fill out the standardized form and have the completed information included on the form approved by the director before selling supplemental Medicare coverage in this state.

(4) In the purchase or renewal of a Medicare supplement policy, a copy of the outline of coverage must be used in explaining policy coverage to a purchaser and shall be provided to the applicant at the time the sales presentation is made. The completed outline of coverage shall be considered part of the sales presentation materials for the purposes of ORS 742.009 (Regulation of sales material) .

(5) The insurer shall obtain acknowledgment of receipt or certify delivery of the outline of coverage at the time of sale.

(6) The director may adopt by rule a standard form and the contents of an informational brochure for persons eligible for Medicare, which is intended to improve the buyer’s ability to select the most appropriate coverage and improve the buyer’s understanding of Medicare. Except in the case of direct response insurance policies, the director may require by rule that the information brochure be provided to any prospective insureds eligible for Medicare concurrently with delivery of the outline of coverage. With respect to direct response insurance policies, the director may require by rule that the prescribed brochure be provided upon request to any prospective insureds eligible for Medicare, but in no event later than the time of policy delivery.

(7) The director may adopt by rule captions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not Medicare supplement coverages, for all health insurance policies sold to persons eligible for Medicare, other than:

(a) Medicare supplement policies; or

(b) Disability income policies.

(8) The director may adopt rules governing the full and fair disclosure of the information in connection with the replacement of health insurance policies, subscriber contracts or certificates by persons eligible for Medicare. [1989 c.255 §6; 1993 c.113 §2; 1997 c.96 §2]

Source: Section 743.685 — Outline of coverage; information brochure; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 734.860 — OR Code / Title 56 / Chapter 734 / Section 734.860
734.860 Exemption of association from payment of fees and taxes
Status: in_force

The Oregon Life and Health Insurance Guaranty Association shall be exempted from payment of all fees and all taxes levied by this state or any of its political subdivisions, except taxes levied on real property. [1975 c.251 §17]

Source: Section 734.860 — Exemption of association from payment of fees and taxes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 744.301 — OR Code / Title 56 / Chapter 744 / Section 744.301
744.301 Exemptions from license requirement
Status: in_force

The following persons are exempt from ORS 744.300 (License and indorsement) :

(1) An employee of an insurer, when the employee is acting as a managing general agent for the insurer.

(2) A United States manager of the United States branch of an alien insurer.

(3) An underwriting manager who, pursuant to contract, manages all the insurance operations of the insurer, is under common control with the insurer and is subject to 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) , and whose compensation is not based on the volume of premiums written.

(4) The attorney or attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange under powers of attorney. [1991 c.495 §3; 1993 c.447 §63a]

Source: Section 744.301 — Exemptions from license requirement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 735.325 — OR Code / Title 56 / Chapter 735 / Section 735.325
735.325 Exemption of purchasing groups from certain laws
Status: in_force

Any purchasing group meeting the criteria established under the provisions of the federal Liability Risk Retention Act of 1986 (P.L. 99-563), shall be exempt from any law of this state relating to the creation of groups for the purchase of insurance or the prohibition of group purchasing, or any law that would discriminate against a purchasing group or its members. In addition, an insurer shall be exempt from any law of this state that prohibits providing or offering to provide advantages to a purchasing group or its members based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages or other matters. A purchasing group shall be subject to all other applicable laws of this state. [1987 c.774 §103]

Source: Section 735.325 — Exemption of purchasing groups from certain laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 744.323 — OR Code / Title 56 / Chapter 744 / Section 744.323
744.323 Life settlement brokers
Status: in_force

(1) A person shall not act as a life settlement broker unless the person holds a license of life settlement broker issued by the Director of the Department of Consumer and Business Services.

(2) A life insurance producer who has been duly licensed as a resident insurance producer with a life line of authority in this state or the producer’s home state for at least one year and is licensed as a nonresident producer in this state meets the licensing requirements of this section and is permitted to operate as a life settlement broker in this state.

(3) A life settlement broker may use the term “viatical settlement broker” to describe the business transacted under the license and may use the term “viatical settlement contract” instead of “life settlement contract.” [1995 c.342 §4; 2009 c.711 §4]

Source: Section 744.323 — Life settlement brokers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 746.505 — OR Code / Title 56 / Chapter 746 / Section 746.505
746.505 Cancellation of policy by premium finance company
Status: in_force

(1) When a premium finance agreement contains a power of attorney enabling the premium finance company to cancel any insurance policy or policies listed in the agreement, the insurance policy or policies shall not be canceled by the premium finance company unless such cancellation is effectuated in accordance with this section.

(2) Not less than 10 days’ written notice shall be mailed to the insured of the intent of the premium finance company to cancel the insurance policy unless the default is cured within such 10-day period. A copy of such notice shall also be mailed to the insurance producer indicated on the premium finance agreement.

(3) After expiration of such 10-day period, the premium finance company may thereafter in the name of the insured cancel such insurance policy or policies by mailing to the insurer a notice of cancellation, and the insurance policy shall be canceled as if such notice of cancellation had been submitted by the insured, but without requiring the return of the insurance policy or policies. The premium finance company shall also mail a notice of cancellation to the insured at the last-known address of the insured and to the insurance producer indicated on the premium finance agreement.

(4) All statutory, regulatory and contractual restrictions providing that the insurance policy may not be canceled unless notice is given to a governmental agency, mortgagee, or other third party shall apply where cancellation is effected under the provisions of this section. The insurer shall give the prescribed notice on behalf of itself or the insured to any governmental agency, mortgagee, or other third party on or before the second business day after the day it receives the notice of cancellation from the premium finance company and shall determine the effective date of cancellation taking into consideration the number of days’ notice required to complete the cancellation. [1969 c.639 §12; 1983 c.239 §2; 2003 c.364 §149]

Source: Section 746.505 — Cancellation of policy by premium finance company; notice required; effective date of cancellation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 735.150 — OR Code / Title 56 / Chapter 735 / Section 735.150
735.150 Definitions for ORS 735.150 to 735.190
Status: in_force

As used in ORS 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) :

(1) Intentionally left blank —Ed.

(a) “Affiliate” means a business entity that, because of common ownership, common control, common operation or common management, is in the same corporate system as a parent or a member organization.

(b) For purposes of this subsection, “common ownership, common control, common operation or common management” means that two or more business entities are owned, controlled, operated or managed by the same person or group of persons with:

(A) Direct or indirect ownership of 80 percent or more of the outstanding voting stock of the stock corporation for a captive insurer that is a stock corporation;

(B) Direct or indirect ownership of 80 percent or more of the surplus and the voting power of the mutual corporation for a captive insurer that is a mutual corporation; or

(C) Direct or indirect ownership by the same member or members of 80 percent or more of the membership interests in the limited liability company for a captive insurer that is a limited liability company.

(2) “Alien captive insurer” means an insurer:

(a) Formed to transact insurance for a parent or affiliate of the insurer; and

(b) Licensed under the laws of a nation other than the United States that imposes statutory or regulatory standards:

(A) On a business entity transacting insurance in the other nation; and

(B) In a form acceptable to the Director of the Department of Consumer and Business Services.

(3) “Association” means a legal association of two or more persons that has been in continuous existence for at least one year if the association or its member organizations:

(a) Own, control, or hold with power to vote, all of the outstanding voting securities of an association captive insurer incorporated as a stock insurer;

(b) Have complete voting control over an association captive insurer incorporated as a mutual insurer; or

(c) Have complete voting control over an association captive insurer formed as a limited liability company.

(4) “Association captive insurer” means a business entity that insures the risks of:

(a) A member organization of the association;

(b) An affiliate of a member organization of the association; or

(c) The association.

(5) “Branch captive insurer” means an alien captive insurer that holds a certificate of authority from the Director of the Department of Consumer and Business Services to transact insurance in this state through a business division with a principal place of business in this state.

(6) “Branch operation” means a business operation of a branch captive insurer in this state.

(7) “Captive insurer” means any of the following that is formed or holds a certificate of authority issued under ORS 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) :

(a) A pure captive insurer;

(b) A branch captive insurer;

(c) An association captive insurer; or

(d) A captive reinsurer.

(8) “Captive reinsurer” means a reinsurer that is:

(a) Formed or holds a certificate of authority under ORS 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) ;

(b) Wholly owned by a qualifying reinsurer parent company; and

(c) A stock corporation.

(9) “Controlled unaffiliated business” means a business entity:

(a) That is not in the same corporate system as a parent or the parent’s affiliate but has a contractual relationship with a parent or affiliate; and

(b) Whose risks are managed by a pure captive insurer in accordance with rules adopted by the Director of the Department of Consumer and Business Services under ORS 735.154 (Rules) .

(10) “Foreign captive insurer” means an insurer:

(a) Formed to transact insurance for a parent or affiliate of the insurer; and

(b) Licensed under the laws of another state that imposes statutory or regulatory standards:

(A) On a business entity transacting insurance in the other state or jurisdiction; and

(B) In a form acceptable to the Director of the Department of Consumer and Business Services.

(11) “Member organization” means a person that belongs to an association.

(12) “Parent” means a person that directly or indirectly owns, controls, or holds with power to vote, more than 50 percent of:

(a) The outstanding voting securities of a pure captive insurer; or

(b) The pure captive insurer, if the pure captive insurer is formed as a limited liability company.

(13) “Pure captive insurer” means a business entity that insures risks of a parent or affiliate of the business entity.

(14) Intentionally left blank —Ed.

(a) “Qualifying reinsurer parent company” means an accredited reinsurer in this state that has:

(A) A consolidated GAAP net worth of not less than $500 million; and

(B) Complies with the consolidated debt to total capital ratio established by rule by the Director of the Department of Consumer and Business Services.

(b) For purposes of this subsection “consolidated GAAP net worth” means the consolidated shareholders’ equity determined in accordance with generally accepted accounting principles for reporting to the United States Securities and Exchange Commission. [2012 c.84 §2]

Note: 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 735 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 735.150 — Definitions for ORS 735.150 to 735.190 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743b.258 — OR Code / Title 56 / Chapter 743b / Section 743b.258
743B.258 Private right of action
Status: in_force

(1) An enrollee who is the subject of a decision of an independent review organization has a private right of action against the insurer for damages arising from an adverse benefit determination by the insurer that is subject to external review if the insurer fails to comply with the decision.

(2) The Legislative Assembly intends that there is no private right of action under subsection (1) of this section if a court finds subsection (1) of this section to be unconstitutional or otherwise void. [Formerly 743.864]

Source: Section 743B.258 — Private right of action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743.268 — OR Code / Title 56 / Chapter 743 / Section 743.268
743.268 Advancement of policy loans
Status: in_force

(1) An insurer may advance a policy loan equal to or less than the loan value of an annuity policy or a pure endowment policy if:

(a) The policy premium is not in default beyond the grace period for payment;

(b) The insured has properly assigned or pledged the policy on the sole security thereof; and

(c) The interest rate provision complies with ORS 743.187 (Maximum interest rate on policy loan) and does not exceed the maximum interest rate permitted by the policy loan provision.

(2) An insurer may establish a minimum loan amount that may not exceed $1,000.

(3) Except as provided in subsection (4) of this section, the loan value of the policy shall be equal to the cash surrender value of the policy, less any existing indebtedness and interest due that is not already deducted in determining the cash surrender value, plus any interest then accrued but not credited.

(4) Subsection (3) of this section does not apply to a policy for which the loan value is established by federal law. When the loan value is established by federal law, the policy shall indicate the loan value as a dollar amount, a percentage of the cash surrender value or a combination of both.

(5) 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. However, if there is any remaining cash surrender value under the policy after deducting the total indebtedness on the policy, an insurer may not terminate the policy.

(6) A insurer may provide for automatic premium loans in an annuity policy or a pure endowment policy.

(7) An annuity policy or a pure endowment policy may reserve to the insurer the right to defer the granting of a loan, other than for payment of any premium to the insurer, for six months after application for the loan if the insurer makes a written request to and receives written approval from the chief insurance regulator of the state of domicile of the insurer prior to exercising a deferral. [2005 c.185 §5]

Source: Section 743.268 — Advancement of policy loans , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 732.528 — OR Code / Title 56 / Chapter 732 / Section 732.528
732.528 Approval of proposed activity
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall make a determination concerning the proposed activity described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) (1) within a period that begins 60 days before the effective date of the activity. The director may refuse, after a public hearing, to approve a proposed activity if:

(a) The activity is contrary to law or would result in a prohibited combination of risks or classes of insurance.

(b) The activity is inequitable or unfair to the policyholders or shareholders of any insurer involved in, or to any other person affected by, the proposed activity. However, in connection with an acquisition of the insurer’s voting securities from the insurer’s shareholders, the director shall evaluate whether the proposed acquisition is fair to the shareholders of the insurer to be acquired only with respect to any shareholders that are unaffiliated with the acquiring party or parties and that would remain after the acquisition is completed.

(c) The activity would substantially reduce the security of and service to be rendered to policyholders of any domestic insurer involved in the proposed activity, or would otherwise prejudice the interests of such policyholders in this state or elsewhere.

(d) The activity provides for a foreign or alien insurer to be an acquiring party, and the director further finds that the insurer cannot satisfy the requirements of this state for transacting an insurance business involving the classes of insurance affected by the activity.

(e) The activity or the completion of the activity would substantially diminish competition in insurance in this state or tend to create a monopoly. In determining whether the activity would substantially diminish competition in insurance in this state or tend to create a monopoly, the director:

(A) Shall require the information described in ORS 732.539 (Notification of acquisition) and apply the standards set forth in ORS 732.542 (Monopoly or substantial diminishment of competition) .

(B) May not disapprove the activity if the director finds that the activity would yield substantial economies of scale or increase the availability of insurance as provided in ORS 732.542 (Monopoly or substantial diminishment of competition) (9).

(C) May condition the director’s approval of the activity on a party’s removing the basis for the director’s disapproval within a specific period of time.

(f) After the change of control or ownership, the domestic insurer to which the activity described in ORS 732.521 (Activities that are prohibited unless specified procedures followed) (1) applies would not be able to satisfy the requirements for receiving a certificate of authority to transact the line or lines of insurance for which the domestic insurer is currently authorized.

(g) The financial condition of any acquiring party might jeopardize the financial stability of the insurer.

(h) The plans or proposals that the acquiring party has to liquidate the insurer, sell the insurer’s assets or consolidate or merge the insurer with any person, or to make any other material change in the insurer’s business or corporate structure or management, are unfair and unreasonable to the insurer’s policyholders and not in the public interest.

(i) The competence, experience and integrity of the persons that would control the operation of the insurer are such that permitting the activity or permitting completion of the activity would not be in the interest of the insurer’s policyholders and the public.

(j) The activity or completing the activity is likely to be hazardous or prejudicial to the insurance-buying public.

(k) The activity is subject to other material and reasonable objections.

(2) If the director disapproves the proposed activity, the director shall promptly notify, in writing, each insurer and each acquiring party involved in the proposed activity, specifying the bases, factors and reasons for the disapproval and giving each insurer and each acquiring party that filed the statement relating to the proposed activity an opportunity to amend the statement, if possible, to obviate the director’s objections.

(3) If the director determines that a party that acquires control of a domestic insurer must maintain or restore the domestic insurer’s capital to a level required under the laws and rules of this state, the director shall make and communicate the determination to the acquiring party not later than 60 days after the acquiring party files the statement required under ORS 732.523 (Procedure for acquiring controlling interest of capital stock) .

(4) The acquiring party or parties that filed a statement of acquisition under ORS 732.523 (Procedure for acquiring controlling interest of capital stock) shall file any amendment to the statement that responds to the director’s objection and, if a hearing was held on the proposed activity, shall resubmit the amendment at a hearing held under this section unless the director finds that a hearing is not necessary to protect the policyholders, shareholders or any other person the proposed activity affects.

(5) The director may retain at the acquiring party’s expense any actuaries, accountants and other experts not otherwise a part of the director’s staff as the director may reasonably need to assist the director in reviewing the proposed activity.

(6) The director may establish the effective date of an activity to which ORS 732.521 (Activities that are prohibited unless specified procedures followed) (1) applies in the order that approves the activity.

(7) Within 60 days after receiving a notice of approval or disapproval, any insurer or other party to a proposed activity, including the insurer subject to the acquisition, may appeal the director’s final order as provided in ORS chapter 183. For purposes of the judicial review, the specifications the director must set forth in the director’s written notice are the findings of fact and conclusions of law of the Department of Consumer and Business Services.

(8) On petition to the court, the court’s power extends to affirming the order of the director, modifying all or any part of the director’s objections, adding additional objections, approving the proposed activity as submitted or subject to such modifications or changes as the court may find proper, and requiring resubmission to the boards of directors or other governing bodies or for hearing as provided in ORS 732.526 (Hearing on proposed activity) . [Formerly 732.540; 2001 c.377 §37; 2003 c.802 §169; 2013 c.370 §21; 2017 c.479 §11]

Source: Section 732.528 — Approval of proposed activity; grounds for refusing approval , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 732.569 — OR Code / Title 56 / Chapter 732 / Section 732.569
732.569 Annual enterprise risk report
Status: in_force

Every insurer that must register with the Director of the Department of Consumer and Business Services under ORS 732.551 (Registration of insurer members of holding company systems) shall file an enterprise risk report each year. The enterprise risk report must identify, to the best of the insurer’s knowledge and belief, the material risks within the insurance holding company system of which the insurer is a part that could pose enterprise risk to the insurer. The insurer shall file the enterprise risk report with the chief insurance regulatory official in the state that the director determines is the lead state for the insurance holding company system of which the insurer is a part. The director shall make the determination in accordance with procedures the director adopts by rule after considering procedures set forth in a Financial Analysis Handbook that the National Association of Insurance Commissioners has adopted. [2013 c.370 §10]

Source: Section 732.569 — Annual enterprise risk report; contents; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 743b.284 — OR Code / Title 56 / Chapter 743b / Section 743b.284
743B.284 Alternative mechanism for disclosure of costs and charges
Status: in_force

The Director of the Department of Consumer and Business Services may waive the requirements of ORS 743B.281 (Estimate of costs for in-network procedure or service) or 743B.282 (Estimate of costs for out-of-network procedure or service) to allow an insurer to use an alternative disclosure mechanism, provided that the mechanism enables enrollees to access information substantially similar to or more extensive than the information disclosed in ORS 743B.281 (Estimate of costs for in-network procedure or service) or 743B.282 (Estimate of costs for out-of-network procedure or service) . [Formerly 743.883]

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

Source: Section 743B.284 — Alternative mechanism for disclosure of costs and charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743.264 — OR Code / Title 56 / Chapter 743 / Section 743.264
743.264 Misstatement of age or sex
Status: in_force

An annuity or pure endowment policy shall contain a provision that if the age or sex of the person or persons upon whose life or lives the policy is made, or of any of them, has been misstated, the amount payable or benefits accruing under the policy shall be such as the stipulated payment or payments to the insurer would have purchased according to the correct age or sex, and that if the insurer has made any overpayment or overpayments on account of any such misstatement, the amount thereof with interest at the rate specified in the policy but not exceeding six percent per annum may be charged against the current or next succeeding payment or payments to be made by the insurer under the policy. [1967 c.359 §408]

Source: Section 743.264 — Misstatement of age or sex , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.232 — OR Code / Title 56 / Chapter 731 / Section 731.232
731.232 Subpoena power
Status: in_force

(1) For the purpose of an investigation or proceeding under the Insurance Code, the Director of the Department of Consumer and Business Services may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, papers, correspondence, memoranda, agreements or other documents or records which the director considers relevant or material to the inquiry. Each witness who appears before the director under a subpoena shall receive the fees and mileage provided for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2).

(2) If a person fails to comply with a subpoena so issued or a party or witness refuses to testify on any matters, the judge of the circuit court for any county, on the application of the director, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. [1967 c.359 §51; 1989 c.980 §22]

Source: Section 731.232 — Subpoena power , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743.168 — OR Code / Title 56 / Chapter 743 / Section 743.168
743.168 Incontestability
Status: in_force

(1) A life insurance policy shall contain a provision that the policy shall be incontestable after it has been in force for two years from its date of issue during the lifetime of the insured, except for nonpayment of premiums. At the option of the insurer the two-year limit within which the policy may be contested shall not apply to the provisions for benefits in the event of total and permanent disability and provisions which grant additional insurance specifically against death by accident.

(2) A provision in a life insurance policy providing that such policy shall be incontestable after a specified period shall preclude only a contest of the validity of the policy, and shall not preclude the assertion at any time of defenses based upon provisions in the policy which exclude or restrict coverage, whether or not such restrictions or exclusions are excepted in such provision. [1967 c.359 §378]

Source: Section 743.168 — Incontestability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 732.465 — OR Code / Title 56 / Chapter 732 / Section 732.465
732.465 Members of domestic mutual insurers
Status: in_force

(1) A domestic mutual insurer shall be owned by and operated in the interest of its members.

(2) Each owner of one or more valid and existing policies of insurance issued by a domestic mutual insurer, other than a policy of reinsurance, is a member of such insurer possessing the rights and obligations of such membership. However, two or more persons who qualify as owners under a single policy of insurance collectively shall be considered to be one member.

(3) An owner is the person given the rights of ownership or the power to make transactions with the insurer under terms of the policy, including an assignee, other than the insurer which issued the policy, who has received an assignment absolute on its face subject to any reasonable minimum requirements relating to assignments found in the policy or in the bylaws of the insurer. In a policy of group life or health insurance the person contracting with the insurer and to whom the master contract is issued is the member; the lives insured and individuals holding certificates thereunder are not policyholders or members.

(4) A person who, because of the death of the life insured in a policy of insurance or the death of the life referred to in an annuity policy, has obtained rights as a beneficiary to death benefits or settlement payments is not a policyholder or member. [Formerly 739.165; 2001 c.352 §5]

Source: Section 732.465 — Members of domestic mutual insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 743a.058 — OR Code / Title 56 / Chapter 743a / Section 743a.058
743A.058 Telemedicine services
Status: in_force

(1) As used in this section:

(a) Intentionally left blank —Ed.

(A) “Audio only” means the use of audio telephone technology, permitting real-time communication between a health care provider and a patient for the purpose of diagnosis, consultation or treatment.

(B) “Audio only” does not include:

(i) The use of facsimile, electronic mail or text messages.

(ii) The delivery of health services that are customarily delivered by audio telephone technology and customarily not billed as separate services by a health care provider, such as the sharing of laboratory results.

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

(c) “Health professional” means a person licensed, certified or registered in this state to provide health care services or supplies.

(d) “Health service” means physical, oral and behavioral health treatment or service provided by a health professional.

(e) “Originating site” means the physical location of the patient.

(f) “State of emergency” includes:

(A) A state of emergency declared by the Governor under ORS 401.165 (Declaration of state of emergency) ; or

(B) A state of public health emergency declared by the Governor under ORS 433.441 (Declaration of public health emergency) .

(g) “Telemedicine” means the mode of delivering health services using information and telecommunication technologies to provide consultation and education or to facilitate diagnosis, treatment, care management or self-management of a patient’s health care.

(2) A health benefit plan and a dental-only plan must provide coverage of a health service that is provided using telemedicine if:

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

(b) The health service is medically necessary;

(c) The health service is determined to be safely and effectively provided using telemedicine according to generally accepted health care practices and standards; and

(d) The application and technology used to provide the health service meet all standards required by state and federal laws governing the privacy and security of protected health information.

(3) Except as provided in subsection (4) of this section, permissible telemedicine applications and technologies include:

(a) Landlines, wireless communications, the Internet and telephone networks; and

(b) Synchronous or asynchronous transmissions using audio only, video only, audio and video and transmission of data from remote monitoring devices.

(4) During a state of emergency, a health benefit plan or dental-only plan shall provide coverage of a telemedicine service delivered to an enrollee residing in the geographic area specified in the declaration of the state of emergency, if the telemedicine service is delivered using any commonly available technology, regardless of whether the technology meets all standards required by state and federal laws governing the privacy and security of protected health information.

(5) A health benefit plan and a dental-only plan may not:

(a) Distinguish between rural and urban originating sites in providing coverage under subsection (2) of this section or restrict originating sites that qualify for reimbursement.

(b) Restrict a health care provider to delivering services only in person or only via telemedicine.

(c) Use telemedicine health care providers to meet network adequacy standards under ORS 743B.505 (Provider networks) .

(d) Require an enrollee to have an established patient-provider relationship with a provider to receive telemedicine health services from the provider or require an enrollee to consent to telemedicine services in person.

(e) Impose additional certification, location or training requirements for telemedicine providers or restrict the scope of services that may be provided using telemedicine to less than a provider’s permissible scope of practice.

(f) Impose more restrictive requirements for telemedicine applications and technologies than those specified in subsection (3) of this section.

(g) Impose on telemedicine health services different annual dollar maximums or prior authorization requirements than the annual dollar maximums and prior authorization requirements imposed on the services if provided in person.

(h) Require a medical assistant or other health professional to be present with an enrollee at the originating site.

(i) Deny an enrollee the choice to receive a health service in person or via telemedicine.

(j) Reimburse an out-of-network provider at a rate for telemedicine health services that is different than the reimbursement paid to the out-of-network provider for health services delivered in person.

(k) Restrict a provider from providing telemedicine services across state lines if the services are within the provider’s scope of practice and:

(A) The provider has an established practice within this state;

(B) The provider’s employer operates health clinics or licensed health care facilities in this state;

(C) The provider has an established relationship with the patient; or

(D) The patient was referred to the provider by the patient’s primary care or specialty provider located in this state.

(L) Prevent a provider from prescribing, dispensing or administering drugs or medical supplies or otherwise providing treatment recommendations to an enrollee after having performed an appropriate examination of the enrollee in person, through telemedicine or by the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted electronically.

(m) Establish standards for determining medical necessity for services delivered using telemedicine that are higher than standards for determining medical necessity for services delivered in person.

(6) A health benefit plan and a dental-only plan shall:

(a) Work with contracted providers to ensure meaningful access to telemedicine services by assessing an enrollee’s capacity to use telemedicine technologies that comply with accessibility standards, including alternate formats, and providing the optimal quality of care for the enrollee given the enrollee’s capacity;

(b) Ensure access to auxiliary aids and services to ensure that telemedicine services accommodate the needs of enrollees who have difficulty communicating due to a medical condition, who need an accommodation due to disability or advanced age or who have limited English proficiency;

(c) Ensure access to telemedicine services for enrollees who have limited English proficiency or who are deaf or hard-of-hearing by providing interpreter services reimbursed at the same rate as interpreter services provided in person; and

(d) Ensure that telemedicine services are culturally and linguistically appropriate and trauma-informed.

(7) The coverage under subsection (2) of this section is subject to:

(a) The terms and conditions of the health benefit plan or dental-only plan; and

(b) Subject to subsection (8) of this section, the reimbursement specified in the contract between the plan and the health professional.

(8) Intentionally left blank —Ed.

(a) A health benefit plan and dental-only plan must pay the same reimbursement for a health service regardless of whether the service is provided in person or using any permissible telemedicine application or technology.

(b) Paragraph (a) of this subsection does not prohibit the use of value-based payment methods, including capitated, bundled, risk-based or other value-based payment methods, and does not require that any value-based payment method reimburse telemedicine health services based on an equivalent fee-for-service rate.

(9) This section does not require a health benefit plan or dental-only plan to reimburse a health professional:

(a) For a health service that is not a covered benefit under the plan;

(b) Who has not contracted with the plan; or

(c) For a service that is not included within the Healthcare Procedure Coding System or the American Medical Association’s Current Procedural Terminology codes or related modifier codes.

(10) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [2009 c.384 §2; 2015 c.340 §1; 2017 c.309 §5; 2021 c.117 §3]

Note: 743A.058 (Telemedicine services) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743A or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743A.058 — Telemedicine services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 744.326 — OR Code / Title 56 / Chapter 744 / Section 744.326
744.326 License application
Status: in_force

(1) In order to obtain a license to transact business as a life settlement provider or as a life settlement broker, an applicant shall apply for the license on a form prescribed by the Director of the Department of Consumer and Business Services, with payment of any fee required for the application.

(2) The director may request biographical, organizational, locational, financial, employment and any other information on the application form that the director determines to be relevant to the evaluation of applications and to the granting of the license. The director may also require a statement of the business plan or plan of operation of the applicant. The director may also require an applicant for a life settlement provider license to file with the application a copy of the life settlement contract that the applicant intends to use in business under the license.

(3) If an applicant is a corporation, the corporation must be incorporated under the laws of this state or must be a foreign corporation authorized to transact business in this state. [1995 c.342 §5]

Source: Section 744.326 — License application; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 750.309 — OR Code / Title 56 / Chapter 750 / Section 750.309
750.309 Requirements for trust
Status: in_force

The following requirements apply to the trust carrying out a multiple employer welfare arrangement:

(1) The trust must hold and maintain adequate facilities for purposes of the multiple employer welfare arrangement and either must have sufficient personnel to service the employee benefit plan or must contract with a third party administrator licensed under ORS chapter 744 as a third party administrator to provide such services. For purposes of satisfying the requirements of this subsection, the trust may use the premises, facilities and personnel of the association or group of employers and pay reasonable compensation to the association or group for such use.

(2) The trust must hold and maintain an excess loss insurance policy issued to the board of trustees in the name of the multiple employer welfare arrangement by an insurer authorized to transact casualty or health insurance in Oregon. Except as provided in this subsection, the policy must insure the multiple employer welfare arrangement against its liabilities for health benefits with regard to any one participant in excess of 10 percent of the capital and surplus of the trust. A trust may demonstrate to the Director of the Department of Consumer and Business Services that the trust is capable of supporting an exposure exceeding 10 percent of the capital and surplus of the trust. The trust may make such a demonstration only by means of a certification by a qualified actuary that the capital and surplus of the trust is sufficient to support the increased exposure. In any event, such a trust shall not have any exposure exceeding 15 percent of the capital and surplus of the trust. For purposes of this subsection, “participant” refers individually to each person benefited as a separate subject under the plan operated by the multiple employer welfare arrangement. The following also apply to a policy required under this subsection:

(a) The coverage must be evidenced by a binder or policy.

(b) The excess loss insurance policy must contain a provision that it may not be terminated for any reason by any person unless the Director of the Department of Consumer and Business Services receives a written notice of termination from the insurer at least 30 days before the effective date of the termination.

(c) If more than one policy is purchased, the expiration dates of all such policies must be the same.

(3) The trust must possess and thereafter maintain capital or surplus, or any combination thereof, of not less than $250,000 or an amount equal to 35 percent of incurred claims for the preceding 12-month period by the trust, whichever is greater. However, the required amount under this subsection may not be more than $500,000.

(4) As a guarantee of the due execution of the trust obligation under the benefit plan or plans to be entered into by the trust in accordance with ORS 750.301 (Definitions for ORS 750.301 to 750.341) to 750.341 (Requirement for multiple employer welfare arrangement to become traditional insurer) , the trust must make and maintain a deposit with the Department of Consumer and Business Services as provided in this subsection. The deposit required under this subsection is in addition to the capital and surplus or other amount required to be possessed and maintained by the trust under subsection (3) of this section and may not be included in or counted toward the required capital and surplus or other amount. The following provisions apply to the deposit:

(a) As a condition of obtaining a certificate of multiple employer welfare arrangement, a trust shall make an initial deposit in an amount that is the greater of $50,000 or the amount of the deposit required under paragraph (b) of this subsection.

(b) The amount of the deposit to be maintained under this subsection shall be the lesser of $250,000 or a current required amount calculated by determining the average monthly amount of claims paid by the trust during the preceding 12-month period and multiplying the average monthly amount by three. The current required amount of the deposit shall be calculated as of March 31, June 30, September 30 and December 31 of each calendar year.

(5) In lieu of the deposit required by subsection (4) of this section, a trust may file and maintain a surety bond or such other bond or cash or securities in the sum of $250,000 as are authorized by the Insurance Code.

(6) A trust carrying out a multiple employer welfare arrangement that is established after January 1, 1993, shall maintain the deposit required under subsection (4) of this section during the first four calendar quarters described in subsection (4)(b) of this section following the issuance of its certificate of multiple employer welfare arrangement as provided in this subsection. At the beginning of the second, third and fourth calendar quarters after such a trust receives its certificate of multiple employer welfare arrangement, the current required amount of the deposit to be maintained by the trust shall be calculated by determining the average monthly amount of claims paid during the preceding quarter. Beginning with the fifth calendar quarter following the issuance of its certificate of multiple employer welfare arrangement, the trust shall maintain the deposit as provided in subsection (4) of this section. [1993 c.615 §6; 1999 c.196 §14]

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

Source: Section 750.309 — Requirements for trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 734.570 — OR Code / Title 56 / Chapter 734 / Section 734.570
734.570 Required functions of association
Status: in_force

The Oregon Insurance Guaranty Association shall:

(1) Be obligated to pay covered claims existing at the time of determination of insolvency of an insurer or arising within 30 days after the determination of insolvency. Except for covered claims arising out of workers’ compensation policies, such obligation shall include only that amount of each covered claim that is less than $300,000. The association shall pay the full amount of any covered claim arising out of a workers’ compensation policy, less any amount paid on a covered claim by the Workers’ Benefit Fund pursuant to ORS chapter 656. In no event shall the association be obligated in an amount in excess of the obligation of the insolvent insurer under the policy from which the claim arises, or for claims arising after the policy expiration, policy replacement by the insured or policy cancellation caused by the insured.

(2) Be the insurer to the extent of the association’s obligation on the covered claims and to such extent have all the rights, duties and obligations of the insolvent insurer as if the insurer had not become insolvent.

(3) Assess member insurers the amounts necessary to pay the expenses incurred by the association in meeting its obligations and exercising its duties and powers under ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) . The assessments of each member insurer shall be in the proportion that the net direct written premiums of the member insurer for the preceding calendar year bears to the net direct written premiums of all member insurers for the preceding calendar year, but shall in no event exceed in any one year two percent of the member insurer’s net direct written premiums for the preceding calendar year. Each member insurer shall be notified of an assessment not later than the 30th day before the day it is due. If the funds of the association do not provide in any one year an amount sufficient to pay the obligations and expenses of the association, the funds available shall be prorated among the obligations and expenses, and the unpaid portions shall be paid as soon thereafter as funds become available. If an assessment would cause a member insurer’s financial statement to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance, the association may exempt from or defer payment of the assessment, in whole or in part, by the member insurer. However, if the member insurer is a controlled insurer, the association, in making determinations regarding the exemption or deferral of assessments, shall treat all dividends paid during the three calendar years immediately preceding the year in which the assessment is made as assets of the insurer just as if such dividends had not been paid. Each member insurer designated as a servicing facility may set off against any assessment authorized payments made on covered claims and expenses incurred in the payment of such claims by the member insurer in its capacity as a servicing facility.

(4) Investigate claims brought against the association and adjust, compromise, settle and pay covered claims to the extent of the association’s obligation, and review settlements, releases and judgments to which the insolvent insurer or its insureds were parties to determine the extent to which such settlements, releases and judgments may be properly contested.

(5) Reimburse servicing facilities and employees of the association for obligations and expenses incurred and paid in the handling of claims on behalf of the association, and pay all other expenses the association incurs in carrying out ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) . [1971 c.616 §8; 1977 c.793 §9; 2001 c.974 §9]

Source: Section 734.570 — Required functions of association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 744.316 — OR Code / Title 56 / Chapter 744 / Section 744.316
744.316 Authority of director if managing general agent violates provisions of ORS 744.300 to 744.316
Status: in_force

If the Director of the Department of Consumer and Business Services finds that a managing general agent has violated any provision of ORS 744.300 (License and indorsement) to 744.316 (Authority of director if managing general agent violates provisions of ORS 744.300 to 744.316) , the director may order the managing general agent to reimburse the insurer or the rehabilitator or liquidator of the insurer for losses incurred by the insurer because of the violation. The director may take action under this section in addition to or instead of any other action the director may take under the Insurance Code. [1993 c.447 §63c]

Source: Section 744.316 — Authority of director if managing general agent violates provisions of ORS 744.300 to 744.316 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 731.164 — OR Code / Title 56 / Chapter 731 / Section 731.164
731.164 “Home protection insurance,” “home protection insurer.”
Status: in_force

(1) Intentionally left blank —Ed.

(a) “Home protection insurance” means that part of casualty insurance that includes only insurance which undertakes to perform or provide repair or replacement service or indemnification therefor for the operational or structural failure of the insured home, components of the home or personal property relating to the home or its components, and does not include protection against consequential damage from the operational or structural failure.

(b) Intentionally left blank —Ed.

(A) “Home protection insurance” does not include a home service agreement.

(B) As used in this paragraph, “home service agreement” means a contract or agreement for a specific limited duration to:

(i) Service, repair or replace in an existing home the mechanical or appliance system or the components that break down due to normal wear and tear or inherent defects; or

(ii) Provide incidental service, repair or replacement to cover leaks and failures in roofing systems.

(c) As used in this subsection, “home” means a single living unit or multiple living units, including manufactured dwellings, used primarily as residences.

(2) “Home protection insurer” means an insurer under policies of home protection insurance, other than an insurer transacting other forms of casualty insurance or any form of reinsurance. [1981 c.247 §4; 2003 c.283 §1]

Source: Section 731.164 — “Home protection insurance,” “home protection insurer.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743b.253 — OR Code / Title 56 / Chapter 743b / Section 743b.253
743B.253 Director to contract with independent review organizations to provide external review
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall contract with independent review organizations as provided in this section for the purpose of providing external review under ORS 743B.252 (External review) . Contracts shall be let with independent review organizations on a biennial basis. A contract may be renewed if both parties agree.

(2) The director shall seek public comment when the director proposes to enter into a contract with an independent review organization or proposes to renew or not renew a contract.

(3) When evaluating proposals to contract with independent review organizations, the director shall consider factors that include but are not limited to relative expertise, professionalism, quality of compliance with the rules established under subsection (4) of this section, cost and record of past performance.

(4) The director shall adopt rules governing independent review organizations, their composition and their conduct. The rules shall include but need not be limited to:

(a) Professional qualifications of health care providers, physicians or contract specialists making external review determinations;

(b) Criteria requiring independent review organizations to demonstrate protections against bias and conflicts of interest;

(c) Procedures for conducting external reviews;

(d) Procedures for complaint investigations;

(e) Procedures for ensuring the confidentiality of medical records transmitted to the independent review organizations for use in external reviews;

(f) Fairness of procedures used by independent review organizations;

(g) Fees for external reviews;

(h) Timelines for decision making and notice to the parties; and

(i) Quality assurance mechanisms to ensure timeliness and quality of review.

(5) The director shall develop procedures for assigning cases filed by enrollees to independent review organizations under contract with the director. The cases shall be assigned on a random basis. The procedures shall allow an insurer only one opportunity to reject the assignment of an independent review organization to a particular case. [Formerly 743.858; 2023 c.42 §2]

Source: Section 743B.253 — Director to contract with independent review organizations to provide external review; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743b.602 — OR Code / Title 56 / Chapter 743b / Section 743b.602
743B.602 Step therapy
Status: in_force

(1) As used in this section:

(a) “Beneficiary” means an individual receiving health care that is provided or reimbursed by an entity that provides health care coverage.

(b) “Health care coverage” includes any of the following that reimburse the cost of prescription drugs:

(A) A health benefit plan;

(B) An insurance policy or certificate;

(C) A medical services contract;

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

(E) A contract or agreement with a health care service contractor, as defined in ORS 750.005 (Definitions) , or a preferred provider organization;

(F) Claims payments by a pharmacy benefit manager, as defined in ORS 735.530 (Definitions for ORS 735.530 to 735.552) , or other third party administrator; and

(G) An accident insurance policy or any other insurance contract.

(2) An entity that provides health care coverage that requires step therapy shall:

(a) Post to the entity’s website clear explanations that are easily accessible to prescribing practitioners and beneficiaries of the coverage, written in plain language and understandable to practitioners and beneficiaries, of:

(A) The clinical criteria for each step therapy protocol and the criteria for approving an exception to step therapy;

(B) The procedure by which a practitioner may submit to the entity the practitioner’s medical rationale for determining that a particular step therapy is not appropriate for a particular beneficiary based on the beneficiary’s medical condition and history; and

(C) The documentation, if any, that a practitioner must submit to the entity for the entity to determine the appropriateness of step therapy for a specific beneficiary.

(b) Provide a clear, readily accessible and convenient process for a prescribing practitioner to request an exception to step therapy, which may be the same process used to request exceptions to other coverage restrictions or limitations.

(c) Approve a request for an exception to step therapy if the entity determines that the evidence submitted by the prescribing practitioner is sufficient to establish that:

(A) The prescription drug required by the step therapy is contraindicated or will cause the beneficiary to experience a clinically predictable adverse reaction;

(B) The prescription drug required by the step therapy is expected to be ineffective based on the known clinical characteristics of the beneficiary and the known characteristics of the prescription drug regimen;

(C) The beneficiary has tried the drug required by the step therapy, a drug in the same pharmacologic class as the drug required by the step therapy or a drug with the same mechanism of action as the drug required by the step therapy, and the beneficiary’s use of the drug required by the step therapy was discontinued due to the lack of efficacy or effectiveness, a diminished effect or an adverse reaction;

(D) For a period of at least 90 days the beneficiary has experienced a positive therapeutic outcome from the drug for which the exception is requested while enrolled in the current or immediately preceding health care coverage and changing to the drug required by the step therapy may cause a clinically predictable adverse reaction or physical or mental harm to the beneficiary; or

(E) The prescription drug required by the step therapy is not in the best interest of the beneficiary based on medical necessity.

(d) Grant or deny a request for an exception to step therapy or an appeal of a denial of coverage no later than 72 hours or two business days, whichever is later, after receipt of the request unless exigent circumstances exist. If exigent circumstances exist the entity shall grant or deny the request for an exception no later than one business day after receipt of the request. A request for an exception to step therapy or an appeal of a denial of coverage shall be deemed granted if the entity fails to act within the time frames specified in this paragraph.

(3) A prescribing practitioner may not use a pharmaceutical sample for the sole purpose of qualifying for an exception to step therapy under subsection (2)(c)(C) or (D) of this section.

(4) This section does not prevent:

(a) An entity that provides health care coverage from requiring a beneficiary to try an AB-rated generic equivalent or a biological product that is a biosimilar agent approved by the United States Food and Drug Administration prior to covering the equivalent brand name prescription drug;

(b) An entity that provides health care coverage from denying a request for an exception to allow coverage of a drug that has been removed from the market due to the safety concerns of the United States Food and Drug Administration; or

(c) A practitioner from prescribing a prescription drug that is medically appropriate regardless of coverage. [2014 c.55 §4; 2021 c.365 §§6,6a]

Note: 743B.602 (Step therapy) 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.602 — Step therapy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 732.135 — OR Code / Title 56 / Chapter 732 / Section 732.135
732.135 Soliciting subscriptions and applications
Status: in_force

No person shall solicit subscriptions for the capital stock of, or, in the case of an insurer without capital stock, applications for insurance in, any insurer in the process of organization unless the insurer has filed the insurer’s name and address with the Director of the Department of Consumer and Business Services. [1967 c.359 §159]

Source: Section 732.135 — Soliciting subscriptions and applications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 735.430 — OR Code / Title 56 / Chapter 735 / Section 735.430
735.430 Surplus Line Association of Oregon
Status: in_force

(1) The Surplus Line Association of Oregon is the advisory organization of surplus lines licensees to:

(a) Facilitate and encourage compliance by resident and nonresident surplus lines licensees with the laws of this state and the rules of the Director of the Department of Consumer and Business Services relative to surplus lines insurance;

(b) Provide means for the examination, which must remain confidential as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) , of all surplus lines coverage written by resident and nonresident surplus lines licensees to determine whether the coverages comply with the Oregon Surplus Lines Law;

(c) Communicate with organizations of admitted insurers with respect to the proper use of the surplus lines market;

(d) Receive and disseminate to resident and nonresident surplus lines licensees information relative to surplus lines coverages; and

(e) At the request of the director, receive and collect on behalf of the state and remit to the state premium receipts taxes for surplus lines and wet marine and transportation insurance under ORS 731.830 (Premium tax on gross amount of premiums insurer receives for wet marine and transportation insurance) , 735.417 (Insured required to report and pay taxes on independently procured insurance covering Oregon home state risks) or 735.470 (Premium tax) .

(2) The Surplus Line Association of Oregon shall file with the director:

(a) A copy of the association’s constitution, articles of agreement or association or certificate of incorporation;

(b) A copy of the association’s bylaws and rules governing the association’s activities;

(c) A current list of members;

(d) The name and address of a resident of this state upon whom notices or orders of the director or processes issued at the direction of the director may be served;

(e) An agreement that the director may examine the Surplus Line Association of Oregon in accordance with the provisions of this section; and

(f) A schedule of fees and charges.

(3) The director may make or cause to be made an examination of the Surplus Line Association of Oregon. The reasonable cost of any examination must be paid by the association at the time the director presents a detailed account to the association of each cost. The officers, managers, agents and employees of the association may be examined at any time, under oath, and shall exhibit all books, records, accounts, documents or agreements governing the association’s method of operation. The director shall furnish two copies of the examination report to the association and shall notify the association that the association may, within 20 days after receiving the report, request a hearing on the report or on any facts or recommendations in the report. If the director finds that the association or any member of the association has violated ORS 735.400 (Purposes of ORS 735.400 to 735.495) to 735.495 (Short title) , the director may issue an order requiring the discontinuance of the violation.

(4) Intentionally left blank —Ed.

(a) The Surplus Line Association of Oregon may charge resident and nonresident surplus lines licensees and insurance producers a fee for reviewing surplus lines and wet marine and transportation insurance policies and for collecting, on behalf of the state, taxes imposed under ORS 731.830 (Premium tax on gross amount of premiums insurer receives for wet marine and transportation insurance) and 735.470 (Premium tax) .

(b) The association may charge insureds a fee for collecting, on behalf of the state, reports required and taxes imposed under ORS 735.417 (Insured required to report and pay taxes on independently procured insurance covering Oregon home state risks) .

(c) The association shall adopt bylaws implementing paragraphs (a) and (b) of this subsection. [1987 c.774 §123; 2001 c.377 §14; 2005 c.185 §13; 2007 c.71 §235; 2011 c.660 §12; 2019 c.493 §3]

Source: Section 735.430 — Surplus Line Association of Oregon; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 735.546 — OR Code / Title 56 / Chapter 735 / Section 735.546
735.546 Pharmacy claims audits
Status: in_force

An entity that contracts with an independent third party to conduct audits may not:

(1) Agree to compensate the independent third party based on a percentage of the amount of overpayments recovered; or

(2) Disclose information obtained during an audit except to the contracting entity, the pharmacy subject to the audit or the holder of the policy or certificate of insurance that paid the claim. [2013 c.570 §7]

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

Source: Section 735.546 — Pharmacy claims audits; auditors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 746.308 — OR Code / Title 56 / Chapter 746 / Section 746.308
746.308 Violation of provisions regarding totaled vehicles as violation of Insurance Code
Status: in_force

An insurer that violates ORS 819.014 (Insurer failure to follow procedures for totaled vehicle) or 819.018 (Failure to notify subsequent purchaser of condition of vehicle) shall be considered to have violated a provision of the Insurance Code. [1991 c.820 §7]

Note: 746.308 (Violation of provisions regarding totaled vehicles as violation of Insurance Code) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 746.308 — Violation of provisions regarding totaled vehicles as violation of Insurance Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 743.031 — OR Code / Title 56 / Chapter 743 / Section 743.031
743.031 Stakeholder work group to recommend uniform standards
Status: in_force

(1) The Oregon Health Authority shall convene a stakeholder work group to recommend uniform standards for health care financial and administrative transactions, including, to the extent allowed by law, standards applicable to commercial health insurance plans, self-funded plans and state governmental health plans and programs.

(2) The authority shall report uniform standards recommended under subsection (1) of this section to the Department of Consumer and Business Services for consideration in the adoption of uniform standards by the department under ORS 743.029 (Uniform standards for health care financial and administrative transactions) .

(3) The stakeholder work group, in recommending uniform standards under subsection (1) of this section, shall consider or incorporate any applicable national standards for administrative simplification and timelines for implementation of national standards for administrative simplification that are established pursuant to federal law. [Formerly 743.062]

Note: 743.031 (Stakeholder work group to recommend uniform standards) and 743.034 (Coordination with Oregon Health Authority concerning uniform standards) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 743 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743.031 — Stakeholder work group to recommend uniform standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743.156 — OR Code / Title 56 / Chapter 743 / Section 743.156
743.156 Statement of premium
Status: in_force

A life insurance policy shall contain a provision separately stating the premium for each benefit provision of the policy for which such separate statement is necessary, as determined by the Director of the Department of Consumer and Business Services, to give adequate disclosure of the terms of the policy. [1967 c.359 §374]

Source: Section 743.156 — Statement of premium , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.276 — OR Code / Title 56 / Chapter 731 / Section 731.276
731.276 Recommendations for changes in Insurance Code
Status: in_force

The Director of the Department of Consumer and Business Services shall continuously review the Insurance Code and shall work with the Director of the Oregon Health Authority to review the health insurance provisions of the Insurance Code and may, from time to time, make recommendations for changes therein. [1967 c.359 §62; 2009 c.595 §1117]

Source: Section 731.276 — Recommendations for changes in Insurance Code , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 733.670 — OR Code / Title 56 / Chapter 733 / Section 733.670
733.670 Investment of funds under “prudent investor” standard
Status: in_force

(1) Funds of an insurer may be invested in a manner not expressly prohibited under ORS 732.325 (Certain transactions and compensation between insurers and directors, trustees, officers, agents or employees prohibited) and 733.780 (Prohibited investments) , provided such investments are made in the exercise of the judgment and care under the circumstances then prevailing which investors of prudence, discretion and intelligence exercise in the management of their own affairs not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.

(2) Funds invested under this section shall not exceed the lesser of seven and one-half percent of the insurer’s assets or the excess of the insurer’s assets over all liabilities and required capitalization.

(3) If the Director of the Department of Consumer and Business Services has reason to believe that loans or investments made pursuant to this section are not adequately secured or are not yielding an income the director may direct the insurer to report under oath the amount of such loans or investments, the security therefor and its market value. [Formerly 738.305; 1979 c.846 §2; 1989 c.425 §4a]

Source: Section 733.670 — Investment of funds under “prudent investor” standard , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 731.594 — OR Code / Title 56 / Chapter 731 / Section 731.594
731.594 Immunity from civil liability
Status: in_force

Unless it is shown that the person, including an insurer, acted with actual malice, a person who discloses or provides information under ORS 731.592 (Reporting criminal conduct involving insurance) has immunity from any civil liability that might otherwise be incurred or imposed with respect to the disclosure or provision of the information. A person has the same immunity with respect to participating in any judicial proceeding resulting from the disclosure or provision of information. [1999 c.633 §4]

Source: Section 731.594 — Immunity from civil liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.534 — OR Code / Title 56 / Chapter 742 / Section 742.534
742.534 Reimbursement of other insurers paying benefits
Status: in_force

(1) Except as provided in ORS 742.544 (Reimbursement for benefits paid) , every authorized motor vehicle liability insurer whose insured is or would be held legally liable for damages for injuries sustained in a motor vehicle accident by a person for whom personal injury protection benefits have been furnished by another such insurer, or for whom benefits have been furnished by an authorized health insurer, shall reimburse such other insurer for the benefits it has so furnished if it has requested such reimbursement, has not given notice as provided in ORS 742.536 (Notice of claim or legal action to insurer) that it elects recovery by lien in accordance with that section and is entitled to reimbursement under this section by the terms of its policy. Reimbursement under this subsection, together with the amount paid to injured persons by the liability insurer, shall not exceed the limits of the policy issued by the insurer.

(2) In calculating such reimbursement, the amount of benefits so furnished shall be diminished in proportion to the amount of negligence attributable to the person for whom benefits have been so furnished, and the reimbursement shall not exceed the amount of damages legally recoverable by the person.

(3) Disputes between insurers as to such issues of liability and the amount of reimbursement required by this section shall be decided by arbitration.

(4) Findings and awards made in such an arbitration proceeding are not admissible in any action at law or suit in equity.

(5) If an insurer does not request reimbursement under this section for recovery of personal injury protection payments, then the insurer may only recover personal injury protection payments under the provisions of ORS 742.536 (Notice of claim or legal action to insurer) or 742.538 (Subrogation rights of insurers to certain amounts received by injured person) . [Formerly 743.825; 1993 c.709 §7; 2007 c.392 §1]

Source: Section 742.534 — Reimbursement of other insurers paying benefits; arbitrating issues of liability and amount of reimbursement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743b.454 — OR Code / Title 56 / Chapter 743b / Section 743b.454
743B.454 Claims submitted during credentialing period
Status: in_force

(1) As used in this section:

(a) “Complete application” means a provider’s application to a health insurer to become a credentialed provider that includes:

(A) Information required by the health insurer;

(B) Proof that the provider is licensed by a health professional regulatory board as defined in ORS 676.160 (Definitions for ORS 676.165 to 676.180) , the Long Term Care Administrators Board, the Board of Licensed Dietitians or the Behavior Analysis Regulatory Board;

(C) Proof of current registration with the Drug Enforcement Administration of the United States Department of Justice, if applicable to the provider’s practice; and

(D) Proof that the provider is covered by a professional liability insurance policy or certification meeting the health insurer’s requirements.

(b) “Credentialing period” means the period beginning on the date a health insurer receives a complete application and ending on the date the health insurer approves or rejects the complete application or 90 days after the health insurer receives the complete application, whichever is earlier.

(c) “Health insurer” means an insurer that offers managed health insurance or preferred provider organization insurance, other than a health maintenance organization as defined in ORS 750.005 (Definitions) .

(2) A health insurer shall approve or reject a complete application within 90 days of receiving the application.

(3) Intentionally left blank —Ed.

(a) A health insurer shall pay all claims for medical services covered by the health insurer that are provided by a provider during the credentialing period.

(b) A provider may submit claims for medical services provided during the credentialing period during or after the credentialing period.

(c) A health insurer may pay claims for medical services provided during the credentialing period:

(A) During or after the credentialing period.

(B) At the rate paid to nonparticipating providers.

(d) If a provider submits a claim for medical services provided during the credentialing period within six months after the end of the credentialing period, the health insurer may not deny payment of the claim on the basis of the health insurer’s rules relating to timely claims submission.

(4) Subsection (3) of this section does not require a health insurer to pay claims for medical services provided during the credentialing period if:

(a) The provider was previously rejected or terminated as a participating provider in any health benefit plan underwritten or administered by the health insurer;

(b) The rejection or termination was due to the objectively verifiable failure of the provider to provide medical services within the recognized standards of the provider’s profession; and

(c) The provider was given the opportunity to contest the rejection or termination before a panel of peers in a proceeding conducted in conformity with the Health Care Quality Improvement Act of 1986, 42 U.S.C. 11101 et seq. [Formerly 743.918; 2017 c.101 §23; 2018 c.61 §26]

Note: 743B.454 (Claims submitted during credentialing period) 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.454 — Claims submitted during credentialing period , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743.174 — OR Code / Title 56 / Chapter 743 / Section 743.174
743.174 Entire contract
Status: in_force

A life insurance policy shall contain a provision that the policy constitutes the entire contract between the parties. [1967 c.359 §380]

Source: Section 743.174 — Entire contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 743b.282 — OR Code / Title 56 / Chapter 743b / Section 743b.282
743B.282 Estimate of costs for out-of-network procedure or service
Status: in_force

(1) An insurer offering a health benefit plan as defined in ORS 743B.005 (Definitions) must establish a procedure for providing to an enrollee in the plan a reasonable estimate of the enrollee’s costs for an out-of-network procedure or service covered by the enrollee’s health benefit plan, including the difference between the insurer’s allowable charge and the billed charge for the procedure or service, in advance of the procedure or service, when an enrollee or an enrollee’s authorized representative provides the following information to the insurer:

(a) The type of procedure or service;

(b) The name of the provider;

(c) The enrollee’s member number or policy number;

(d) If requested by the insurer, the site where the procedure or service will be performed; and

(e) The provider’s billed charge amount.

(2) The estimate of costs described in subsection (1) of this section must include an itemization of:

(a) The enrollee’s deductible;

(b) The amount of the deductible that has been met by processed claims;

(c) Coinsurance, copayment or other cost share to be paid by the enrollee for the procedure or service;

(d) Any applicable benefit maximum;

(e) The difference between the insurer’s allowable charge and the billed charge for the procedure or service; and

(f) The insurer’s average payment or allowable charge for the procedure or service if performed in-network.

(3) Subsections (1) and (2) of this section apply to the insurer’s five most common procedures or services within each of the following categories:

(a) Office visits;

(b) Diagnostic radiology and imaging;

(c) Diagnostic pathology and laboratory procedures;

(d) Normal vaginal delivery;

(e) Immunizations;

(f) Orthopedic-musculoskeletal surgery; and

(g) Digestive system endoscopy.

(4) In addition to the information specified in subsections (1) and (2) of this section, the insurer’s estimate must include the following disclosures:

(a) That other services may be provided to the enrollee that are medically necessary and appropriate as part of the common procedures, of which the insurer or enrollee may not be aware at the time of the inquiry and for which the enrollee may have additional financial responsibility;

(b) That the enrollee may be responsible for costs of procedures or services not covered by the plan;

(c) How an enrollee may contact the insurer for an explanation, if the estimate differs from the actual cost or if the enrollee has other questions; and

(d) The toll-free telephone number of the consumer advocacy unit of the Department of Consumer and Business Services and the address for the department’s consumer information and complaints website.

(5) An insurer must make the information required by this section available to enrollees and out-of-network providers through an interactive website and by toll-free telephone.

(6) This section does not prohibit an insurer from providing information in addition to or in more detail than the information required by this section. [Formerly 743.876]

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

Source: Section 743B.282 — Estimate of costs for out-of-network procedure or service , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 743b.451 — OR Code / Title 56 / Chapter 743b / Section 743b.451
743B.451 Refund of paid claims
Status: in_force

(1) As used in this section, “refund” means the return, either directly or through an offset to a future claim, of some or all of a payment already received by a health care provider.

(2) Except in the case of fraud or abuse of billing, and except as provided in subsections (3) and (5) of this section, a health insurer may not:

(a) Request from a health care provider a refund of a payment previously made to satisfy a claim unless the health insurer:

(A) Requests the refund in writing on or before the last day of the period specified by the contract with the health care provider or 18 months after the date the payment was made, whichever is earlier; and

(B) Specifies in the written request why the health insurer believes the provider owes the refund.

(b) Request that a contested refund be paid earlier than six months after the health care provider receives the request.

(3) A health insurer may not do the following for reasons related to coordination of benefits with another health insurer or entity responsible for payment of a claim:

(a) Request from a health care provider a refund of a payment previously made to satisfy a claim unless the health insurer:

(A) Requests the refund in writing within 30 months after the date the payment was made;

(B) Specifies in the written request why the health insurer believes the provider owes the refund; and

(C) Includes in the written request the name and mailing address of the other health insurer or entity that has primary responsibility for payment of the claim.

(b) Request that a contested refund be paid earlier than six months after the provider receives the request.

(4) If a health care provider fails to contest a refund request in writing to the health insurer within 30 days after receiving the request, the request is deemed accepted and the provider must pay the refund within 30 days after the request is deemed accepted. If the provider has not paid the refund within 30 days after the request is deemed accepted, the health insurer may recover the amount through an offset to a future claim.

(5) A health insurer may at any time request from a health care provider a refund of a payment previously made to satisfy a claim if:

(a) A third party, including a government entity, is found responsible for satisfaction of the claim as a consequence of liability imposed by law; and

(b) The health insurer is unable to recover directly from the third party because the third party has already paid or will pay the provider for the health care services covered by the claim.

(6) If a contract between a health insurer and a health care provider conflicts with this section, the provisions of this section prevail. However, nothing in this section prohibits a health care provider from choosing at any time to refund to a health insurer any payment previously made to satisfy a claim.

(7) This section neither permits nor precludes a health insurer from recovering from a subscriber, enrollee or beneficiary any amounts paid to a health care provider for benefits to which the subscriber, enrollee or beneficiary was not entitled under the terms and conditions of the health plan, insurance policy or other benefit agreement.

(8) This section applies to health benefit plans. [Formerly 743.912]

Note: 743B.451 (Refund of paid claims) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 743B or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743B.451 — Refund of paid claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 731.808 — OR Code / Title 56 / Chapter 731 / Section 731.808
731.808 “Gross amount of premiums” defined
Status: in_force

As used in ORS 731.804 (Assessments) , 731.812 (Foreign and alien insurer’s report of Oregon business) , 731.820 (Gross premium tax on fire insurance premiums) , 731.830 (Premium tax on gross amount of premiums insurer receives for wet marine and transportation insurance) and 731.834 (Insurance producer’s collection of taxes on wet marine and transportation insurance) , “gross amount of premiums” means the consideration paid by insureds to an insurer for policies of insurance, and includes all premiums, assessments, dues and fees received or derived, or obligations taken therefor, by whatever term known. [1967 c.359 §132; 1989 c.413 §5; 2019 c.493 §4]

Source: Section 731.808 — “Gross amount of premiums” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 741.520 — OR Code / Title 56 / Chapter 741 / Section 741.520
741.520 Agreements with other agencies regarding sharing and use of confidential information
Status: in_force

(1) The Director of the Oregon Health Authority may enter into agreements governing the sharing and use of information consistent with this section and ORS 741.510 (Confidential information) with other state or federal health insurance exchanges or regulatory authorities, the Department of Consumer and Business Services, the Department of Revenue, law enforcement agencies or federal authorities.

(2) An agreement under this section must specify the duration of the agreement, the purpose of the agreement, the methods that may be employed for terminating the agreement and any other necessary and proper matters.

(3) An agreement under this section does not relieve the director of any obligation or responsibility imposed by law.

(4) The director may expend funds and may supply services for the purpose of carrying out an agreement under this section. [2011 c.415 §16; 2015 c.3 §32; 2021 c.569 §33]

Source: Section 741.520 — Agreements with other agencies regarding sharing and use of confidential information; contents , https://www.­oregonlegislature.­gov/bills_laws/ors/ors741.­html (accessed May 26, 2025).
ORS § 732.653 — OR Code / Title 56 / Chapter 732 / Section 732.653
732.653 Scope
Status: in_force

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

(a) Requirements for maintaining a risk management framework and completing an own risk and solvency assessment; and

(b) Guidance and instructions for filing an own risk and solvency assessment summary report with the Director of the Department of Consumer and Business Services.

(2) ORS 732.650 (Definitions) to 732.689 (Retention of consultant to assist director’s review of corporate governance annual disclosure) apply to all insurers domiciled in this state unless an insurer is exempt under ORS 732.666 (Exemptions) . [2015 c.547 §3]

Note: See note under 732.650 (Definitions) .

Source: Section 732.653 — Scope; requirements and guidance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 737.045 — OR Code / Title 56 / Chapter 737 / Section 737.045
737.045 Remedies of director for violations of chapter
Status: in_force

(1) If the Director of the Department of Consumer and Business Services has reason to believe that a rate, rating plan or rating system filed or used by an insurer or filed by a rating or advisory organization on behalf of an insurer does not comply with the requirements and standards of this chapter, the director may issue an order directing the insurer or the rating or advisory organization to discontinue or desist from the noncompliance. An order issued under this subsection is subject to the provisions of ORS 731.252 (Cease and desist orders) .

(2) If the director holds a hearing on an order issued pursuant to subsection (1) of this section, the insurer or rating or advisory organization filing or using the rate, rating plan or rating system shall pay to the director the just and legitimate costs of the hearing, including actual necessary expenses.

(3) If the director finds after a hearing under ORS 737.340 (Initiation of proceedings by aggrieved person to determine lawfulness of filings) that any rate, rating plan or rating system violates the provisions of this chapter, the director may issue an order specifying the violation and stating when, within a reasonable period of time, the further use of such rate, rating plan or rating system by an insurer or rating or advisory organization shall be prohibited.

(4) If the director finds after a hearing under ORS 737.215 (Effect of noncompliance with rating regulation) or 737.340 (Initiation of proceedings by aggrieved person to determine lawfulness of filings) that an insurer or rating or advisory organization is in violation of any provision of this chapter other than the provisions dealing with rates, rating plans or rating systems, the director may issue an order specifying the violation and requiring compliance within a reasonable time.

(5) If the director finds after a hearing under ORS 737.215 (Effect of noncompliance with rating regulation) that the violation of any of the provisions of this chapter applicable to it by any insurer or rating organization that has been the subject of a hearing was willful, the director may suspend or revoke the certificate of authority of such insurer or the license of such rating organization.

(6) If the director finds after a hearing that any rating organization has willfully engaged in any fraudulent or dishonest act or practices, the director may suspend or revoke the license of such organization. [1969 c.690 §10; 1987 c.774 §143]

Source: Section 737.045 — Remedies of director for violations of chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 746.605 — OR Code / Title 56 / Chapter 746 / Section 746.605
746.605 Purpose
Status: in_force

The purpose of ORS 746.600 (Definitions for ORS 746.600 to 746.690) to 746.690 (Obtaining information under false pretenses prohibited) is to:

(1) Establish standards for the collection, use and disclosure of personal information gathered in connection with insurance transactions by insurers, insurance producers or insurance-support organizations;

(2) Maintain a balance between the need for personal information by those conducting the business of insurance and the public’s need for fairness in insurance information practices, including the need to minimize intrusiveness;

(3) Establish a regulatory mechanism to enable natural persons to ascertain what personal information is being or has been collected about them in connection with insurance transactions and to have access to this personal information for the purpose of verifying or disputing its accuracy;

(4) Limit the disclosure of personal information collected in connection with insurance transactions; and

(5) Enable insurance applicants and policyholders to obtain the reasons for any adverse underwriting decision. [1981 c.649 §2; 1987 c.490 §51; 2003 c.87 §7; 2003 c.364 §152]

Source: Section 746.605 — Purpose , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 752.045 — OR Code / Title 56 / Chapter 752 / Section 752.045
752.045 Rules
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall adopt rules for the establishment of professional liability funds by the commissions described in ORS 752.025 (Commission) . Such rules shall include, but need not be limited to, rules requiring annual reports from the commissions.

(2) The commissions shall report to the director annually on the operations of the fund. The reports shall contain any information required by the director.

(3) A professional liability fund established under ORS 752.005 (Definitions) to 752.055 (Short title) shall be subject to the rules of the director adopted under subsection (1) of this section. Such funds shall not be otherwise subject to the Insurance Code, and shall not participate in the Oregon Insurance Guaranty Association. [1987 c.774 §93a]

Source: Section 752.045 — Rules; reports by commissions; exemption from Insurance Code and Insurance Guaranty Association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors752.­html (accessed May 26, 2025).
ORS § 743b.195 — OR Code / Title 56 / Chapter 743b / Section 743b.195
743B.195 Enforcement of Newborns’ and Mothers’ Health Protection Act of 1996
Status: in_force

The Department of Consumer and Business Services shall enforce insurer compliance with the federal Newborns’ and Mothers’ Health Protection Act of 1996. [Formerly 743.823]

Source: Section 743B.195 — Enforcement of Newborns’ and Mothers’ Health Protection Act of 1996 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 731.844 — OR Code / Title 56 / Chapter 731 / Section 731.844
731.844 No personal liability for paying invalid tax
Status: in_force

No personal liability shall arise against any director, trustee, officer or agent of any insurer on account of any taxes or fees paid pursuant to any statute, law or ordinance, even though such statute, law or ordinance is subsequently declared or held to be invalid. [1967 c.359 §141]

Source: Section 731.844 — No personal liability for paying invalid tax , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 750.565 — OR Code / Title 56 / Chapter 750 / Section 750.565
750.565 Duration of certificate
Status: in_force

(1) A certificate of registration of a legal expense organization is effective for one year from the date of issue.

(2) A legal expense organization may renew its certificate of registration by paying the applicable fee established by the Director of the Department of Consumer and Business Services. [1989 c.331 §8; 1991 c.401 §12]

Source: Section 750.565 — Duration of certificate; renewal; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 744.718 — OR Code / Title 56 / Chapter 744 / Section 744.718
744.718 Suspension, revocation or refusal of issuance or renewal of license
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall suspend, revoke or refuse to renew a license of a third party administrator if the director finds that the third party administrator:

(a) Is in an unsound financial condition;

(b) Is using such methods or practices in the conduct of business so as to render further transaction of business by the third party administrator in this state hazardous or injurious to insured persons or to the public; or

(c) Has failed to pay any judgment rendered against the third party administrator in this state within 60 days after the judgment has become final.

(2) The director may suspend, revoke, refuse to issue or refuse to renew a license of a third party administrator if the director finds one or more of the following with respect to a third party administrator or an applicant for a license therefor:

(a) Falsification by the applicant or licensee of an application for the license or renewal thereof, or engagement in any dishonest act in relation to the application;

(b) Dishonesty, fraud or gross negligence in the transaction of insurance or in the conduct of business as a third party administrator;

(c) Conduct resulting in a conviction of a felony under the laws of any state or of the United States, to the extent that such conduct may be considered under ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction) ;

(d) Conviction of any crime, an essential element of which is dishonesty or fraud, under the laws of any state or of the United States;

(e) Refusal to renew or cancellation, revocation or suspension of authority to transact insurance or business as a third party administrator or similar entity in another state;

(f) Failure to pay a civil penalty imposed by final order of the director or to carry out terms of probation set by the director;

(g) Refusal to be examined or to produce accounts, records or files for examination, refusal by any officers to give information with respect to the affairs of the third party administrator or refusal to perform any other legal obligation as to the examination when required by the director;

(h) Affiliation with or under the same general management or interlocking directorate or ownership as another administrator or insurer that unlawfully transacts business in this state;

(i) Failure at any time to meet any qualification for which issuance of the license could have been refused had the failure then existed and been known to the director; or

(j) Violation of any rule or order of the director or any provision of the Insurance Code.

(3) The director may suspend or refuse to renew a license immediately and without hearing if the director determines that one or more of the following circumstances exist:

(a) The third party administrator is insolvent;

(b) A proceeding for receivership, conservatorship or rehabilitation or other delinquency proceeding regarding the third party administrator has been commenced in any state; or

(c) The financial condition or business practices of the third party administrator otherwise pose an imminent threat to the public health, safety or welfare of the residents of this state.

(4) A third party administrator holding a license that has not been renewed or has been revoked shall surrender the license to the director at the director’s request.

(5) The director may take any other administrative action authorized under the Insurance Code in addition to or in lieu of the actions authorized under this section. [1991 c.812 §11]

Source: Section 744.718 — Suspension, revocation or refusal of issuance or renewal of license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 744.341 — OR Code / Title 56 / Chapter 744 / Section 744.341
744.341 Terms of contract
Status: in_force

(1) A life settlement contract must be in writing. A life settlement provider shall establish in the contract the terms under which the life settlement provider will pay compensation or anything of value in return for the policyholder’s or certificate holder’s assignment, transfer, sale, devise or bequest of the death benefit or ownership of the insurance policy or certificate to the life settlement provider.

(2) A life settlement provider shall not use a life settlement contract form or provide to an owner a disclosure statement form in this state unless the life settlement provider has filed the form with the Director of the Department of Consumer and Business Services and the director has approved the form. The director shall disapprove a life settlement contract form if, in the director’s opinion, the contract or any provision of the contract is unreasonable, contrary to the interests of the public, otherwise misleading or unfair to the policyholder or certificate holder or in violation of any of the requirements of ORS 744.318 (Definitions for ORS 744.318 to 744.384) to 744.384 (Rules) , 744.991 (Criminal penalties) and 744.992 (Civil penalties) .

(3) Each life settlement contract entered into in this state must contain a provision enabling the policyholder or certificate holder to rescind the contract not later than the 60th day after the date on which the contract is executed by all parties or not later than the 30th day after the policyholder or certificate holder receives the life settlement proceeds, whichever is the lesser period. In order to rescind such a contract, a policyholder or certificate holder who has received the proceeds must return them to the life settlement provider. [1995 c.342 §11; 2009 c.711 §8]

Source: Section 744.341 — Terms of contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743b.129 — OR Code / Title 56 / Chapter 743b / Section 743b.129
743B.129 Shortening period of exclusion following discontinued offering
Status: in_force

(1) As used in this section, “procedural requirements” means the processes that the Department of Consumer and Business Services will use to obtain public input such as public hearings, rule comment periods and the electronic distribution of information by the department.

(2) The department shall adopt rules establishing standards for shortening the period of prohibition under ORS 743B.012 (Requirement to offer all health benefit plans to small employers) (10), 743B.104 (Coverage in group health benefit plans) (3) and 743B.126 (Carrier marketing of individual health benefit plans) (7). The standards may include but are not limited to:

(a) Specified procedural requirements.

(b) Documentary standards for the submission of information by carriers or interested parties on whether the requirements of ORS 743B.012 (Requirement to offer all health benefit plans to small employers) (10), 743B.104 (Coverage in group health benefit plans) (3) and 743B.126 (Carrier marketing of individual health benefit plans) (7) have been met.

(c) Factors the department will consider in determining whether the requirements of ORS 743B.012 (Requirement to offer all health benefit plans to small employers) (10), 743B.104 (Coverage in group health benefit plans) (3) and 743B.126 (Carrier marketing of individual health benefit plans) (7) have been met, which may include:

(A) The reasons why the carrier elected to discontinue offering its health benefit plans in this state;

(B) The intent of the carrier in resuming to offer health benefit plans in this state; and

(C) Reasonable conditions, consistent with the Insurance Code, under which a carrier may be permitted to resume offering health benefit plans in this state. [2017 c.206 §7]

Note: 743B.129 (Shortening period of exclusion following discontinued offering) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 743B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743B.129 — Shortening period of exclusion following discontinued offering; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 742.494 — OR Code / Title 56 / Chapter 742 / Section 742.494
742.494 Certification of completion of course
Status: in_force

Any organization offering a motor vehicle accident prevention course approved by the Department of Transportation shall issue a certificate to each person who successfully completes the course. The person shall present the certificate to an insurer to qualify for the premium discount required under ORS 742.490 (Premium reduction) (1). [1989 c.379 §5]

Source: Section 742.494 — Certification of completion of course , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 744.665 — OR Code / Title 56 / Chapter 744 / Section 744.665
744.665 Continuing education
Status: in_force

The Director of the Department of Consumer and Business Services by rule may establish requirements for continuing education that each insurance consultant must satisfy as a condition for continuation of the license. [1985 c.697 §14]

Source: Section 744.665 — Continuing education; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743.662 — OR Code / Title 56 / Chapter 743 / Section 743.662
743.662 Rescission of policy and denial of claims
Status: in_force

(1) For a policy or certificate that has been in force for less than six months, an insurer may rescind a long term care insurance policy or certificate or deny an otherwise valid long term care insurance claim upon a showing of a misrepresentation that is material to the acceptance for coverage.

(2) For a policy or certificate that has been in force for at least six months but less than two years, an insurer may rescind a long term care insurance policy or certificate or deny an otherwise valid long term care insurance claim upon a showing of a misrepresentation that is material to the acceptance for coverage and also pertains to the condition for which benefits are sought.

(3) After a policy or certificate has been in force for two years, the policy or certificate is not contestable upon the ground of misrepresentation alone. The policy or certificate may be contested only upon a showing that the insured knowingly and intentionally misrepresented relevant facts relating to the insured’s health.

(4) A long term care insurance policy or certificate may not be field issued based on medical or health status. A policy or certificate is field issued for the purposes of this subsection if the policy or certificate is issued by an insurance producer or a third party administrator pursuant to underwriting authority granted to the insurance producer or third party administrator by an insurer.

(5) If an insurer has paid benefits under the long term care insurance policy or certificate, the insurer may not recover the benefit payments in the event that the policy or certificate is rescinded.

(6) This section does not apply to the remaining death benefit of a life insurance policy in the event of the death of the insured if the policy accelerates benefits for long term care, but this section otherwise applies to a life insurance policy that accelerates benefits for long term care. In the event of the death of an insured, the remaining death benefits under the life insurance policy are governed by ORS 743.168 (Incontestability) .

(7) This section is exempt from ORS 743A.001 (Automatic repeal of certain statutes on individual and group health insurance) . [2007 c.486 §6]

Source: Section 743.662 — Rescission of policy and denial of claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 732.075 — OR Code / Title 56 / Chapter 732 / Section 732.075
732.075 Revoking or suspending permit to organize insurer
Status: in_force

After notice to the applicant stating the grounds therefor, the Director of the Department of Consumer and Business Services may revoke or suspend a permit to organize an insurer for any ground for which the issuance of the permit could be denied. [1967 c.359 §153]

Source: Section 732.075 — Revoking or suspending permit to organize insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 737.255 — OR Code / Title 56 / Chapter 737 / Section 737.255
737.255 Authority for cooperative ratings and systems
Status: in_force

Subject to and in compliance with the provisions of this chapter authorizing insurers to be members or subscribers of rating or advisory organizations or to engage in joint underwriting or joint reinsurance, two or more insurers may act in concert with each other and with others with respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss or expense statistics or other information and data or carrying on of research. [1969 c.690 §17]

Source: Section 737.255 — Authority for cooperative ratings and systems , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 743.688 — OR Code / Title 56 / Chapter 743 / Section 743.688
743.688 Rules
Status: in_force

Rules adopted pursuant to 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) shall be subject to the provisions of ORS chapter 183. [1989 c.255 §9]

Source: Section 743.688 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 734.370 — OR Code / Title 56 / Chapter 734 / Section 734.370
734.370 Offsets
Status: in_force

No offsets shall be allowed in cases of mutual debts or mutual credits between the insurer and another person in connection with any domestic delinquency proceeding under this chapter, except for cases of policy loans and cases of reinsurance and except for insurance producers’ balances, excluding unearned return commissions. [1967 c.359 §291; 1989 c.425 §14; 2003 c.364 §86]

Source: Section 734.370 — Offsets , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743.324 — OR Code / Title 56 / Chapter 743 / Section 743.324
743.324 Misstatement of age
Status: in_force

A group life insurance policy shall contain a provision specifying an equitable adjustment of premiums or of benefits or of both to be made in the event the age of a person insured has been misstated, such provision to contain a clear statement of the method of adjustment to be used. [1967 c.359 §419]

Source: Section 743.324 — Misstatement of age , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 734.310 — OR Code / Title 56 / Chapter 734 / Section 734.310
734.310 Priority of secured claims
Status: in_force

The owner of a secured claim against an insurer for which a receiver has been appointed in this or any other state may surrender the security and file a claim as a general creditor, or the claim may be discharged by resort to the security, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors. If the amount of the deficiency has been adjudicated in ancillary proceedings as provided in this chapter, or if it has been adjudicated by a court of competent jurisdiction in proceedings in which the domiciliary receiver has had notice and opportunity to be heard, such amount shall be conclusive; otherwise the amount shall be determined in the delinquency proceeding in the domiciliary state. [Formerly 751.080]

Source: Section 734.310 — Priority of secured claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 743a.100 — OR Code / Title 56 / Chapter 743a / Section 743a.100
743A.100 Mammograms
Status: in_force

(1) Every health insurance policy that covers hospital, medical or surgical expenses, other than coverage limited to expenses from accidents or specific diseases, shall provide coverage of mammograms as follows:

(a) Mammograms for the purpose of diagnosis in symptomatic or high-risk individuals at any time upon referral of an individual’s health care provider; and

(b) An annual mammogram for the purpose of early detection for an individual 40 years of age or older, with or without referral from the individual’s health care provider.

(2) An insurance policy described in subsection (1) of this section must not limit coverage of mammograms to the schedule provided in subsection (1) of this section if the individual is determined by the individual’s health care provider to be at high risk for breast cancer. [Formerly 743.727; 2017 c.152 §4]

Source: Section 743A.100 — Mammograms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 733.656 — OR Code / Title 56 / Chapter 733 / Section 733.656
733.656 Limitation on securities owned or controlled by separate account investments
Status: in_force

An insurer shall not invest the funds of a separate account so as to own or control, under the insurer’s general and separate accounts in the aggregate, more than 10 percent of the voting power outstanding of any issuer of securities. Securities held in separate accounts, the voting rights in which are exercisable only in accordance with instructions from persons having interests in such accounts, shall not be considered in applying this section. [1973 c.435 §11]

Source: Section 733.656 — Limitation on securities owned or controlled by separate account investments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 731.314 — OR Code / Title 56 / Chapter 731 / Section 731.314
731.314 Immunity for director, examiner and others
Status: in_force

(1) No cause of action may arise and no liability may be imposed against the Director of the Department of Consumer and Business Services, an authorized representative of the director or any examiner appointed by the director for any statements made or conduct performed in good faith pursuant to an examination or investigation.

(2) No cause of action may arise and no liability may be imposed against any person for communicating or delivering information or data to the director or an authorized representative of the director or examiner pursuant to an examination or investigation if the communication or delivery was performed in good faith and without fraudulent intent or an intent to deceive.

(3) This section does not abrogate or modify in any way any common law or statutory privilege or immunity otherwise enjoyed by any person to which subsection (1) or (2) of this section applies.

(4) The court may award reasonable attorney fees to the prevailing party in a cause of action arising out of activities of the director or an examiner in carrying out an examination or investigation. [1993 c.447 §5; 1995 c.618 §127]

Source: Section 731.314 — Immunity for director, examiner and others , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 748.181 — OR Code / Title 56 / Chapter 748 / Section 748.181
748.181 Insurance producers
Status: in_force

Insurance producers of societies shall be licensed in accordance with the provisions of ORS chapter 744 regulating the licensing, revocation, suspension or termination of license of resident and nonresident insurance producers. [1987 c.490 §34; 1989 c.701 §75; 2003 c.364 §168]

Source: Section 748.181 — Insurance producers; licensing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 735.154 — OR Code / Title 56 / Chapter 735 / Section 735.154
735.154 Rules
Status: in_force

The Director of the Department of Consumer and Business Services may adopt rules for the administration of ORS 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) . [2012 c.84 §4]

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

Source: Section 735.154 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 742.562 — OR Code / Title 56 / Chapter 742 / Section 742.562
742.562 Grounds for cancellation of policies
Status: in_force

(1) A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons:

(a) Nonpayment of premium.

(b) Fraud or material misrepresentation affecting the policy or in the presentation of a claim thereunder, or violation of any of the terms or conditions of the policy.

(c) The named insured or any operator either resident in the same household or who customarily operates an automobile insured under the policy has had driving privileges suspended or revoked pursuant to law during the policy period, or, if the policy is a renewal, during its policy period or the 180 days immediately preceding its effective date. An insurer may not cancel a policy for the reason that the driving privileges of the named insured or operator were suspended pursuant to ORS 809.280 (Department procedures following court order of suspension or revocation) (6) or (8) if the suspension was based on a nondriving offense.

(2) This section shall not apply to any policy or coverage which has been in effect less than 60 days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy.

(3) This section shall not apply to nonrenewal. [Formerly 743.905; 1991 c.860 §7a; 2011 c.355 §23]

Source: Section 742.562 — Grounds for cancellation of policies; notice required; applicability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 737.012 — OR Code / Title 56 / Chapter 737 / Section 737.012
737.012 “Advisory organization” defined
Status: in_force

As used in this chapter, unless the context requires otherwise, “advisory organization” means every group, association or other organization of insurers, whether located within or outside this state, which assists authorized insurers which make their own filings or licensed rating organizations in rate making, by the collection and furnishing of loss or expense statistics or by the submission of recommendations, but which does not make filings under this chapter. [1969 c.690 §15]

Source: Section 737.012 — “Advisory organization” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 744.808 — OR Code / Title 56 / Chapter 744 / Section 744.808
744.808 Prohibition on use of unlicensed reinsurance intermediary broker
Status: in_force

(1) An insurer may not engage the services of any person to act as a reinsurance intermediary broker on its behalf unless the person is licensed as a reinsurance intermediary broker as required by ORS 744.800 (Qualifications for reinsurance intermediary brokers and managers) .

(2) An insurer may not employ an individual who is employed by a reinsurance intermediary broker with which it transacts business unless the reinsurance intermediary broker is under common control with the insurer and subject to 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) .

(3) The insurer must annually obtain a copy of statements of the financial condition of each reinsurance intermediary broker with which it transacts business. [1993 c.447 §78; 2003 c.364 §31]

Source: Section 744.808 — Prohibition on use of unlicensed reinsurance intermediary broker; requirement that insurer obtain financial statement of reinsurance intermediary broker , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743.318 — OR Code / Title 56 / Chapter 743 / Section 743.318
743.318 Application
Status: in_force

A group life insurance policy shall contain a provision that a copy of the application, if any, of the policyholder shall be attached to the policy when issued, that all statements made by the policyholder or by the persons insured shall be deemed representations and not warranties, and that no statement made by any person insured shall be used in any contest unless a copy of the instrument containing the statement is or has been furnished to such person or the beneficiary of the person. [1967 c.359 §417]

Source: Section 743.318 — Application; representations by policyholders and insureds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.988 — OR Code / Title 56 / Chapter 731 / Section 731.988
731.988 Civil penalties
Status: in_force

(1) A person that violates any provision of the Insurance Code, any lawful rule or final order of the Director of the Department of Consumer and Business Services or any judgment that a court makes in response to the director’s application, shall forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the director that does not exceed $10,000 for each offense. The civil penalty for individual insurance producers, adjusters or insurance consultants may not exceed $1,000 for each offense. Each violation is a separate offense.

(2) In addition to the civil penalty specified in subsection (1) of this section, a person that violates any provision of the Insurance Code, any lawful rule or final order of the director or any judgment that a court makes in response to the director’s application, may be required to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the director that does not exceed the amount by which the person profited in any transaction that violates the provision, rule, order or judgment.

(3) In addition to the civil penalties specified in subsections (1) and (2) of this section, an insurer that must submit a report under ORS 742.400 (Duty to report claim of professional negligence to licensing board) and that fails to do so within the specified time may be required to pay to the General Fund of the State Treasury a civil penalty in an amount determined by the director that does not exceed $10,000.

(4) In addition to the penalties specified in subsection (1), (2), (5) and (6) of this section, a director or officer of an insurance holding company system who engages in a transaction or makes an investment that has not been properly reported under, or does not otherwise comply 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) , who knowingly participates in or assents to the transaction or investment, or who permits another officer or an agent of the insurance holding company system to engage in the transaction or make the investment, shall pay, in the director or officer’s individual capacity, a civil penalty in an amount determined by the director that does not exceed $10,000.

(5) In addition to the penalties specified in subsections (1), (2), (4) and (6) of this section, an insurer or other person that fails to make a required filing or demonstrate a good faith effort to comply with a filing requirement under ORS 732.527 (Approval of acquisition by chief insurance regulatory officials of two or more jurisdictions) , 732.537 (Application of ORS 732.527, 732.539, 732.542 and 732.544 to change of control of insurer) , 732.539 (Notification of acquisition) , 732.542 (Monopoly or substantial diminishment of competition) or 732.544 (Director’s order) shall pay a civil penalty in an amount determined by the director that does not exceed $50,000.

(6) In addition to the penalties specified in subsections (1), (2), (4) and (5) of this section, an insurer or other person that violates a cease and desist order the director has issued under ORS 731.252 (Cease and desist orders) in connection with a violation of a provision of ORS 732.517 (Purpose of ORS 732.517 to 732.546) to 732.596 (Request by insurance holding company system for determination or acknowledgement of group-wide supervisor) may be subject to a civil penalty in an amount determined by the director that does not exceed $10,000 for each day of the violation.

(7) A civil penalty imposed under this section may be recovered either as provided in subsection (8) of this section or in an action brought in the name of the State of Oregon in any court of appropriate jurisdiction.

(8) Civil penalties under this section must be imposed and enforced in accordance with ORS 183.745 (Civil penalty procedures) .

(9) The provisions of this section are in addition to and not in lieu of any other enforcement provisions specified in the Insurance Code. [1967 c.359 §144; 1971 c.231 §16; 1987 c.774 §65; 1989 c.701 §70; 1991 c.401 §2; 1991 c.734 §120; 1993 c.265 §6; 1997 c.131 §5; 2003 c.364 §81; 2003 c.576 §220; 2013 c.370 §15]

Source: Section 731.988 — Civil penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 746.609 — OR Code / Title 56 / Chapter 746 / Section 746.609
746.609 Exemptions for health insurers
Status: in_force

ORS 746.620 (Notice of insurance information practices) , 746.630 (Authorization for disclosure of certain information) , 746.640 (Access to recorded personal information) , 746.645 (Correction, amendment or deletion of recorded personal information) and 746.665 (Limitations and conditions on disclosure of certain information) do not apply to health insurers. [2003 c.87 §5]

Source: Section 746.609 — Exemptions for health insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 750.025 — OR Code / Title 56 / Chapter 750 / Section 750.025
750.025 Restricting distribution of income
Status: in_force

(1) A health care service contractor which is a not-for-profit corporation, shall not distribute, upon liquidation or otherwise, any part of its income to its members, directors, trustees or officers except for the reasonable value of services rendered such contractor.

(2) An organization that does not meet the definition of health maintenance organization in ORS 750.005 (Definitions) shall not hold itself out to the public to be a health maintenance organization. [Formerly 742.025; 1985 c.747 §66]

Source: Section 750.025 — Restricting distribution of income; representation as health maintenance organization , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 733.685 — OR Code / Title 56 / Chapter 733 / Section 733.685
733.685 Investment of funds by home protection insurer
Status: in_force

Funds of a home protection insurer may be invested in tangible personal property held by the insurer for the purpose of performing or providing repairs or replacements under its home protection policies. Funds so invested shall not exceed 25 percent of the assets of the insurer that are allowable in determining its financial condition under the Insurance Code, unless otherwise allowed under rules issued by the Director of the Department of Consumer and Business Services. [1981 c.247 §13]

Source: Section 733.685 — Investment of funds by home protection insurer; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 742.061 — OR Code / Title 56 / Chapter 742 / Section 742.061
742.061 Recovery of attorney fees in action on policy or contractor’s bond
Status: in_force

(1) Except as otherwise provided in subsections (2) and (3) of this section, if settlement is not made within six months from the date proof of loss is filed with an insurer and an action is brought in any court of this state upon any policy of insurance of any kind or nature, and the plaintiff’s recovery exceeds the amount of any tender made by the defendant in such action, a reasonable amount to be fixed by the court as attorney fees shall be taxed as part of the costs of the action and any appeal thereon. If the action is brought upon the bond of a contractor or subcontractor executed and delivered as provided in ORS 279B.055 (Competitive sealed bidding) , 279B.060 (Competitive sealed proposals) , 279C.380 (Performance bond) or 701.430 (Performance bond) and the plaintiff’s recovery does not exceed the amount of any tender made by the defendant in such action, a reasonable amount to be fixed by the court as attorney fees shall be taxed and allowed to the defendant as part of the costs of the action and any appeal thereon. If in an action brought upon such a bond the surety is allowed attorney fees and costs and the contractor or subcontractor has incurred expenses for attorney fees and costs in defending the action, the attorney fees and costs allowed the surety shall be applied first to reimbursing the contractor or subcontractor for such expenses.

(2) Subsection (1) of this section does not apply to actions to recover personal injury protection benefits if, in writing, not later than six months from the date proof of loss is filed with the insurer:

(a) The insurer has accepted coverage and the only issue is the amount of benefits due the insured; and

(b) The insurer has consented to submit the case to binding arbitration.

(3) Subsection (1) of this section does not apply to actions to recover uninsured or underinsured motorist benefits if, in writing, not later than six months from the date proof of loss is filed with the insurer:

(a) The insurer has accepted coverage and the only issues are the liability of the uninsured or underinsured motorist and the damages due the insured; and

(b) The insurer has consented to submit the case to binding arbitration. [Formerly 736.325 and then 743.114; 1999 c.790 §1; 2003 c.794 §328]

Source: Section 742.061 — Recovery of attorney fees in action on policy or contractor’s bond , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 744.858 — OR Code / Title 56 / Chapter 744 / Section 744.858
744.858 Revocation or suspension of limited license
Status: in_force

(1) If a rental company issued a limited license under ORS 744.852 (Limited license for rental companies) offers or sells insurance not authorized by ORS 744.854 (Kinds of insurance authorized by limited license) , or violates any provision of ORS 744.856 (Conditions for offer or sale of insurance) , the Director of the Department of Consumer and Business Services may, after notice and hearing, revoke or suspend the limited license or may impose such other penalties as the director prescribes, including but not limited to suspension of transaction of insurance at specific rental locations where violations of ORS 744.854 (Kinds of insurance authorized by limited license) or 744.856 (Conditions for offer or sale of insurance) have occurred.

(2) All provisions of the Insurance Code apply to rental companies issued limited licenses under ORS 744.852 (Limited license for rental companies) unless specifically rendered inapplicable by statute or by rule adopted by the director.

(3) The director may adopt any rules necessary for the implementation of ORS 744.850 (Definitions for ORS 744.850 to 744.858) to 744.858 (Revocation or suspension of limited license) , including rules establishing license fees to defray the cost to the Department of Consumer and Business Services of administering the limited licensure program. [1999 c.485 §6]

Note: See note under 744.850 (Definitions for ORS 744.850 to 744.858) .

SELF-SERVICE STORAGE FACILITIES

Source: Section 744.858 — Revocation or suspension of limited license; other penalties; application of Insurance Code; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 742.021 — OR Code / Title 56 / Chapter 742 / Section 742.021
742.021 Standard provisions in general
Status: in_force

(1) Insurance policies shall contain such standard or uniform provisions as are required by the applicable provisions of the Insurance Code. However, the insurer may at its option substitute for one or more of such provisions corresponding provisions of different wording approved by the Director of the Department of Consumer and Business Services which are in each instance not less favorable in any respect to the insured or the beneficiary.

(2) If any standard or uniform provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy the insurer, with the approval of the director, shall omit from such policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.

(3) Except as provided in subsection (2) of this section, no policy shall contain any provision inconsistent with or contradictory to any standard or uniform provision used or required to be used. [Formerly 743.051]

Source: Section 742.021 — Standard provisions in general , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 742.065 — OR Code / Title 56 / Chapter 742 / Section 742.065
742.065 Insurance against risk of loss assumed under less than fully insured employee health benefit plan
Status: in_force

(1) Insurance against the risk of economic loss assumed under a less than fully insured employee health benefit plan, whether issued or delivered as health or casualty insurance, is subject to the following:

(a) The policy must be issued to and insure the employer, the trustee or other sponsor of the plan, or the plan itself, but not the employees, members or participants;

(b) The insurer shall pay the employer, the trustee or other sponsor of the plan, or the plan itself, not the employees, members, participants or health care providers;

(c) If the policy establishes an aggregate attaching point or retention, the point or retention must not be less than 120 percent of the expected claims; and

(d) If the policy establishes an attaching point or retention applicable to each individual covered by the plan, the point or retention must not be less than $10,000.

(2) Insurance against the risk of economic loss assumed under a less than fully insured employee health benefit plan, whether issued or delivered as health or casualty insurance, is subject to this section and to ORS 743.523 (Certain sales practices prohibited) , 743.524 (Eligibility of association to be group health policyholder) and 743.526 (Determination of whether trustees are policyholders) , but is not subject to other provisions of ORS chapters 743, 743A and 743B. [1993 c.649 §2; 1995 c.506 §13; 2014 c.58 §1]

Source: Section 742.065 — Insurance against risk of loss assumed under less than fully insured employee health benefit plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 742.566 — OR Code / Title 56 / Chapter 742 / Section 742.566
742.566 Renewal of policies
Status: in_force

(1) An insurer shall offer renewal of a policy to an insured, contingent upon payment of premium as stated in the offer, unless the insurer mails or delivers to the named insured, at the address shown in the policy, at least 30 days’ advance notice of nonrenewal. The notice must contain or be accompanied by a statement of the reason or reasons for nonrenewal.

(2) Intentionally left blank —Ed.

(a) If an insurer offers to an insured, in lieu of a renewal, a replacement policy from a different company that is part of a group of companies that is under the same ownership or control as the insurer, any new terms, rates and policy provisions in the replacement policy take effect on the renewal date if the insurer sends the insured and any insurance producer with whom the insured previously dealt notice at least 45 days before the renewal date. The notice must include the replacement policy or a description of any terms in the replacement policy that differ from the policy that the insurer will not renew.

(b) An insured may cancel a replacement policy at any point before the replacement policy becomes effective.

(c) Earned premium for any period of time in which a replacement policy was in effect before a cancellation must be calculated pro rata at the lower of the current rate or the previous year’s rate.

(d) If an insured accedes to a replacement policy, any increase in premium or change in policy terms is effective on the day after the previous policy expires.

(e) The notice required under this subsection applies only if the company that offers a replacement policy is different from the company that issued the policy that would otherwise be subject to renewal.

(3) An insurer need not notify the named insured or any other insured of nonrenewal of the policy if the insurer has mailed or delivered a notice of expiration or cancellation on or prior to the 30th day preceding expiration of the policy period.

(4) Notwithstanding an insurer’s failure to comply with this section, the policy terminates on the effective date of any replacement or succeeding automobile insurance policy, with respect to any automobile designated in both policies.

(5) An insurer may not refuse to renew a policy for the reason that the driving privileges of the named insured or any operator either resident in the same household or who customarily operates an automobile insured under the policy were suspended pursuant to ORS 809.280 (Department procedures following court order of suspension or revocation) (6) or (8) if the suspension was based on a nondriving offense. [Formerly 743.916; 1991 c.860 §7b; 2011 c.355 §24; 2017 c.250 §1]

Source: Section 742.566 — Renewal of policies; replacement policy in lieu of renewal; requirements for refusal to renew , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 744.073 — OR Code / Title 56 / Chapter 744 / Section 744.073
744.073 Temporary insurance producer license
Status: in_force

(1) The Director of the Department of Consumer and Business Services may issue a temporary insurance producer license for a period not to exceed 180 days without requiring a written examination if the director determines that the temporary license is necessary for the servicing of an insurance business in the following cases:

(a) To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned by the insurance producer, for the recovery or return of the insurance producer to the business, or to provide for the training and licensing of new personnel to operate the insurance producer’s business;

(b) To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of the individual designated in the business entity application or the license;

(c) To the designee of a licensed insurance producer entering active service in the Armed Forces of the United States; or

(d) In any other circumstance in which the director determines that the public interest will best be served by the issuance of the license.

(2) The director may by order limit the authority of any temporary licensee in any way that the director determines to be necessary to protect insureds and the public. The director may require the temporary licensee to have a suitable sponsor who is a licensed insurance producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The director may revoke a temporary license if the interest of insureds or the public is endangered. A temporary license may not continue after the owner or the personal representative disposes of the business. [2001 c.191 §13; 2003 c.364 §14]

Source: Section 744.073 — Temporary insurance producer license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 731.592 — OR Code / Title 56 / Chapter 731 / Section 731.592
731.592 Reporting criminal conduct involving insurance
Status: in_force

(1) Notwithstanding ORS 746.665 (Limitations and conditions on disclosure of certain information) , an insurer shall cooperate with any law enforcement agency or other state or federal agency that is investigating or prosecuting suspected criminal conduct involving insurance. The insurer shall provide any information requested by the agency unless the information is subject to a legal privilege that would prohibit disclosure.

(2) If an insurer has reason to believe that criminal conduct involving insurance has been, is being or is about to be committed, the insurer shall notify the appropriate agency of that fact. The insurer is not required to notify the agency if the information or any part of the information upon which the belief is based is protected from disclosure by legal privilege.

(3) An insurer providing information under this section may request information relating to the investigation that is in the possession or control of the agency. The agency may not provide an insurer with information that is privileged or confidential. Otherwise, the agency shall disclose requested information unless disclosure would jeopardize an ongoing investigation or prosecution. The agency may require that the insurer not disclose the information to any other person.

(4) A person who has reason to believe criminal conduct involving insurance has been, is being or is about to be committed, or who collects, reviews or analyzes information concerning suspected criminal conduct involving insurance, may furnish any unprivileged information in the person’s possession concerning the suspected criminal conduct to an insurer who requests the information for the purpose of detecting, prosecuting or preventing criminal conduct involving insurance.

(5) If an insurer or agency does not provide information as required by this section and the suspected criminal conduct results in a conviction, the insurer or agency is not eligible for any compensation to which the insurer or agency might otherwise be entitled from any award under ORS 137.106 (Restitution to victims) . [1999 c.633 §3]

Source: Section 731.592 — Reporting criminal conduct involving insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).