ORS § 734.700 — OR Code / Title 56 / Chapter 734 / Section 734.700
734.700 Defense of claims on default of insolvent insurer
Status: in_force

(1) Any pending proceeding in which an insolvent insurer is a party or is obligated to defend a party in any court of this state shall be stayed for 60 days after the date a receiver is appointed by the court to permit the Oregon Insurance Guaranty Association time to prepare a defense in such proceedings.

(2) If any covered claim arises from a judgment based on the default of the insolvent insurer or its failure to defend an insured, the association may apply to have such judgment set aside, and, upon such application shall be permitted to defend against the claim on the merits. [1971 c.616 §22]

Source: Section 734.700 — Defense of claims on default of insolvent insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 735.035 — OR Code / Title 56 / Chapter 735 / Section 735.035
735.035 Application
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) apply only to essential property insurance on domestic risks. [1971 c.321 §4]

Source: Section 735.035 — Application , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 741.540 — OR Code / Title 56 / Chapter 741 / Section 741.540
741.540 Complaints and investigations confidential
Status: in_force

(1) A complaint made to the Oregon Health Authority or the Department of Consumer and Business Services with respect to any prospective or certified qualified health plan, and the record thereof, shall be confidential and may not be disclosed except as provided in ORS 741.510 (Confidential information) and 741.520 (Agreements with other agencies regarding sharing and use of confidential information) . No such complaint, or the record thereof, shall be used by the authority or the department in any action, suit or proceeding except in the investigation or prosecution of apparent violations of ORS 741.310 (Requirements for purchase of insurance through exchange and for participation of insurers in exchange) or other law.

(2) Data gathered pursuant to an investigation of a complaint by the authority or the department shall be confidential, may not be disclosed except as provided in ORS 741.510 (Confidential information) and 741.520 (Agreements with other agencies regarding sharing and use of confidential information) and may not be used in any action, suit or proceeding except in the investigation or prosecution of apparent violations of ORS 741.310 (Requirements for purchase of insurance through exchange and for participation of insurers in exchange) or other law.

(3) Notwithstanding subsections (1) and (2) of this section, the authority and the department shall establish a method for making available to the public an annual statistical report containing the number, percentage, type and disposition of complaints received by the authority and the department against each health plan that is certified or that has been certified as a qualified health plan by the authority. [2011 c.415 §23; 2015 c.3 §33; 2021 c.569 §34]

Source: Section 741.540 — Complaints and investigations confidential; permitted disclosures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors741.­html (accessed May 26, 2025).
ORS § 743.020 — OR Code / Title 56 / Chapter 743 / Section 743.020
743.020 Rate filing to include statement of administrative expenses
Status: in_force

An insurer licensed by the Department of Consumer and Business Services shall include in any rate filing under ORS 743.018 (Filing of rates for life and health insurance) with respect to individual and small employer health benefit plans, as defined in ORS 743B.005 (Definitions) , a statement of administrative expenses in the form and manner prescribed by the department by rule. The statement must include, but is not limited to:

(1) A statement of administrative expenses on a per member per month basis; and

(2) An explanation of the basis for any proposed premium rate increases or decreases. [2009 c.595 §29; 2019 c.441 §3]

Source: Section 743.020 — Rate filing to include statement of administrative expenses; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 744.088 — OR Code / Title 56 / Chapter 744 / Section 744.088
744.088 Training requirements to be licensed as insurance producer for long term care insurance
Status: in_force

(1) An individual may not sell, solicit or negotiate long term care insurance unless the individual is licensed as an insurance producer for health or life insurance and satisfies the following training requirements:

(a) The individual must complete a one-time training course of not less than eight hours before selling, soliciting or negotiating long term care insurance; and

(b) The individual must complete ongoing training of not less than four hours in each 24-month period following the one-time training course.

(2) The Director of the Department of Consumer and Business Services may approve as continuing education courses under ORS 744.072 (Renewal or reinstatement of insurance producer license) any courses offered to satisfy the training requirements of this section.

(3) The training required by this section must consist of topics related to long term care insurance, long term care services and, if applicable, qualified state long term care insurance partnership programs, including but not limited to:

(a) State and federal rules and requirements and the relationship between qualified state long term care insurance partnership programs and other public and private coverage of long term care services, including Medicaid.

(b) Available long term care services and providers.

(c) Changes or improvements in long term care services or providers.

(d) Alternatives to the purchase of private long term care insurance.

(e) The effect of inflation on benefits and the importance of inflation protection.

(f) Consumer suitability standards and guidelines.

(4) The training required by this section may not include training that is insurer or company product specific or that includes any sales or marketing information, materials or training, other than those required by state or federal law.

(5) An insurer must:

(a) Obtain verification that an insurance producer receives training required by this section before an insurance producer sells, solicits or negotiates the insurer’s long term care insurance products.

(b) Maintain records subject to the state’s record retention requirements.

(c) Make the verification obtained under paragraph (a) of this subsection available to the director upon request.

(6) An insurer must maintain records with respect to the training of its insurance producers concerning the distribution of its partnership policies that will allow the director to provide assurance to the state Medicaid agency that insurance producers have received training on the topics described in subsection (3)(a) of this section and that insurance producers have demonstrated an understanding of the partnership policies and their relationship to public and private coverage of long term care, including Medicaid, in this state. An insurer must make the records available to the director upon request.

(7) The satisfaction in any state of the training required by this section is considered to satisfy the training required by this section. [2007 c.486 §9]

Source: Section 744.088 — Training requirements to be licensed as insurance producer for long term care insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743.348 — OR Code / Title 56 / Chapter 743 / Section 743.348
743.348 Certain sales practices prohibited
Status: in_force

(1) No person selling group life insurance is authorized to sell membership in a common group for the purpose of qualifying an applicant who is an individual for group life insurance.

(2) No person selling membership in a common group is authorized to offer group life insurance for the purpose of selling membership in the common group. [1989 c.784 §6]

Source: Section 743.348 — Certain sales practices prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 731.097 — OR Code / Title 56 / Chapter 731 / Section 731.097
731.097 “Essential health benefits.”
Status: in_force

“Essential health benefits” are the items and services prescribed by the Department of Consumer and Business Services by rule in accordance with federal law, including:

(1) Ambulatory patient services.

(2) Emergency services.

(3) Hospitalization.

(4) Maternity and newborn care.

(5) Mental health and substance use disorder services, including behavioral health treatment.

(6) Prescription drugs.

(7) Rehabilitative and habilitative services and devices.

(8) Laboratory services.

(9) Preventive and wellness services and chronic disease management.

(10) Pediatric services, including oral and vision care. [2013 c.681 §2]

Note: 731.097 (“Essential health benefits.”) and 731.098 (“Group health insurance.”) were added to and made a part of 731.004 (Short title) to 731.150 (Definitions of classes of insurance not mutually exclusive) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 731.097 — “Essential health benefits.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 732.430 — OR Code / Title 56 / Chapter 732 / Section 732.430
732.430 Filing statement of security ownership with director
Status: in_force

Every person who is directly or indirectly the beneficial owner of more than 10 percent of any class of any equity security of a domestic stock insurer, or who is a director or an officer of the insurer, shall file with the Director of the Department of Consumer and Business Services within 10 days after the person becomes a beneficial owner, director or officer, a statement, on a form prescribed by the director, of the amount of all equity securities of the insurer of which the person is the beneficial owner. If there is a change in the ownership by a person to whom this section applies, the person shall file with the director a statement, on a form prescribed by the director, indicating the person’s ownership and the changes in the person’s ownership. The person shall file the statement of change in ownership before the end of the second business day following the day on which the transaction was executed. If it is not feasible for the person to file the statement by the end of the second business day, the person shall file the statement according to rules adopted by the director. [Formerly 738.730; 2005 c.185 §9]

Source: Section 732.430 — Filing statement of security ownership with director; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 742.600 — OR Code / Title 56 / Chapter 742 / Section 742.600
742.600 Limitation on insurance policy reclassification for personal vehicle sharing program vehicle
Status: in_force

A private passenger motor vehicle insured by the vehicle’s registered owner under an owner’s insurance policy may not be classified as a commercial motor vehicle, for-hire motor vehicle, permissive use motor vehicle or livery solely because the vehicle’s registered owner allows the vehicle to be used for personal vehicle sharing if:

(1) The personal vehicle sharing is conducted under a personal vehicle sharing program.

(2) The annual revenue received by the vehicle’s registered owner that was generated by the personal vehicle sharing does not exceed the annual expenses of owning and operating the vehicle, including depreciation, interest, lease payments, motor vehicle loan payments, insurance, maintenance, parking, fuel, cleaning, automobile repair and costs associated with personal vehicle sharing, including but not limited to the installation, operation and maintenance of computer hardware and software, signage identifying the vehicle as a personal vehicle sharing vehicle and any fees charged by a personal vehicle sharing program. [2011 c.457 §5]

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

Source: Section 742.600 — Limitation on insurance policy reclassification for personal vehicle sharing program vehicle , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 735.631 — OR Code / Title 56 / Chapter 735 / Section 735.631
735.631 Definitions for ORS 735.631 to 735.643
Status: in_force

As used in ORS 735.631 (Definitions for ORS 735.631 to 735.643) to 735.643 (Injunction) :

(1) “Discount medical plan” means a contract, agreement or other business arrangement between a discount medical plan organization and a plan member in which the organization, in exchange for fees, service or subscription charges, dues or other consideration, offers or purports to offer the plan member access to providers and the right to receive medical and ancillary services at a discount from providers.

(2) “Discount medical plan organization” means a person that contracts on behalf of plan members with a provider, a provider network or another discount medical plan organization for access to medical and ancillary services at a discounted rate and determines what plan members will pay as a fee, service or subscription charge, dues or other consideration for a discount medical plan.

(3) “Licensee” means a discount medical plan organization that has obtained a license from the Director of the Department of Consumer and Business Services in accordance with ORS 735.634 (License application) .

(4) “Medical and ancillary services” means, except when administered by or under contract with the State of Oregon, any care, service, treatment or product provided for any dysfunction, injury or illness of the human body including, but not limited to, care provided by a physician, naturopathic physician, physician assistant or nurse practitioner, inpatient care, hospital and surgical services, emergency and ambulance services, audiology services, dental care services, vision care services, mental health services, substance abuse counseling or treatment, chiropractic services, podiatric care services, laboratory services, home health care services, medical equipment and supplies or prescription drugs.

(5) “Plan member” means an individual who pays fees, service or subscription charges, dues or other consideration in exchange for the right to participate in a discount medical plan.

(6) Intentionally left blank —Ed.

(a) “Provider” means a person that has contracted or otherwise agreed with a discount medical plan organization to provide medical and ancillary services to plan members at a discount from the person’s ordinary or customary fees or charges.

(b) “Provider” does not include:

(A) A person that, apart from any agreement or contract with a discount medical plan organization, provides medical and ancillary services at a discount or at fixed or scheduled prices to patients or customers the person serves regularly; or

(B) A person that does not charge fees, service or subscription charges, dues or other consideration in exchange for providing medical and ancillary services at a discount or at fixed or scheduled prices.

(7) “Provider network” means a person that negotiates directly or indirectly with a discount medical plan organization on behalf of more than one provider that provides medical or ancillary services to plan members. [Formerly 742.420]

Note: 735.631 (Definitions for ORS 735.631 to 735.643) to 735.643 (Injunction) 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 735.631 — Definitions for ORS 735.631 to 735.643 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743b.343 — OR Code / Title 56 / Chapter 743b / Section 743b.343
743B.343 Availability of continued coverage under group policy for surviving, divorced or separated spouse 55 or older
Status: in_force

(1) A group health insurance policy providing coverage for hospital or medical expenses, other than coverage limited to expenses from accidents or specific diseases, shall contain a provision that:

(a) The surviving spouse of a certificate holder may continue coverage under the policy, at the death of the certificate holder, with respect to the spouse and any dependent children whose coverage under the policy otherwise would terminate because of the death of the certificate holder if the surviving spouse is 55 years of age or older at the time of the death; and

(b) The divorced or legally separated spouse of a certificate holder may continue coverage under the policy, upon dissolution of marriage with, or legal separation from, the certificate holder, with respect to the divorced or legally separated spouse and any dependent children whose coverage under the policy otherwise would terminate because of the dissolution of marriage or legal separation, if the divorced or legally separated spouse is 55 years of age or older at the time of the dissolution or legal separation.

(2) Continued coverage for dental, vision care or prescription drug expenses shall be offered to legally separated, divorced or surviving spouses and any dependent children eligible under subsection (1) of this section if such coverage is or was available to the certificate holder. [Formerly 743.600]

Source: Section 743B.343 — Availability of continued coverage under group policy for surviving, divorced or separated spouse 55 or older , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 750.325 — OR Code / Title 56 / Chapter 750 / Section 750.325
750.325 Filings by trust
Status: in_force

(1) Each multiple employer welfare arrangement holding a certificate of multiple employer welfare arrangement must file an annual financial statement with the Director of the Department of Consumer and Business Services. The statement must conform to the requirements of ORS 731.574 (Annual financial statement) applicable to annual statements filed by insurers. The director may request additional filings as the director determines necessary.

(2) Each annual financial statement filed under subsection (1) of this section must be audited by a certified public accountant according to the requirements of ORS 731.488 (Annual audit of insurer) and rules adopted thereunder.

(3) An actuarial opinion regarding reserves for known claims and associated expenses and incurred but not reported claims and associated expenses must be included with the audited annual statement.

(4) Not later than the 45th day after the end of each calendar quarter, each trust holding a certificate of multiple employer welfare arrangement must file with the director:

(a) An unaudited financial statement, affirmed by an appropriate officer of the trust or a representative authorized by the trust to make such an affirmation.

(b) A report certifying that the trust maintains reserves according to the requirements of ORS 750.315 (Maintenance of reserves) that are sufficient to meet its contractual obligations, and that the trust maintains a policy for excess loss insurance issued by an insurer authorized to do business in this state. [1993 c.615 §15]

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

Source: Section 750.325 — Filings by trust , https://www.­oregonlegislature.­gov/bills_laws/ors/ors750.­html (accessed May 26, 2025).
ORS § 743.213 — OR Code / Title 56 / Chapter 743 / Section 743.213
743.213 Determination of paid-up nonforfeiture benefits
Status: in_force

Any paid-up nonforfeiture benefit available under a life insurance policy in the event of default in a premium payment due on any policy anniversary shall be such that its present value as of such anniversary shall be at least equal to the cash surrender value then provided for by the policy or, if none is provided for, that cash surrender value which would have been required by ORS 743.207 (Required provisions relating to nonforfeiture) in the absence of the condition that premiums have been paid for at least a specified period. [Formerly 739.355; 1981 c.609 §15]

Source: Section 743.213 — Determination of paid-up nonforfeiture benefits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 733.340 — OR Code / Title 56 / Chapter 733 / Section 733.340
733.340 Exemptions
Status: in_force

(1) Specific product forms or product lines of a domestic insurer that is licensed in and does business only in this state are exempt from the requirements of section 15, chapter 547, Oregon Laws 2015, if:

(a) The Director of the Department of Consumer and Business Services issues the exemption to the insurer in writing and does not subsequently revoke the exemption in writing;

(b) The director identifies the specific product form or product line in the written exemption; and

(c) The insurer computes reserves using assumptions and methods the insurer used before the operative date of the valuation manual and otherwise complies with any requirements the director specifies by rule.

(2) ORS 733.304 (Opinion of actuary) , 733.306 (Computation of minimum standards for life insurance, industrial insurance, annuities and pure endowment contracts) , 733.308 (Computation of minimum standard for annuities and pure endowment contracts) , 733.310 (Interest rates for determining minimum standard for valuation) , 733.312 (Amount of required reserves for life insurance policies) , 733.314 (Amount of required reserves for certain annuity and pure endowment contracts) , 733.316 (Aggregate reserves) , 733.318 (Alternative standards of valuation) , 733.320 (Minimum required reserve for certain policies) , 733.322 (Calculation of reserves for plans for which minimum reserves cannot be determined under ORS 733.312, 733.314 or 733.320) and 733.331 (Opinion of appointed actuary) and section 14, chapter 547, Oregon Laws 2015, apply to an insurer that has an exemption under this section. [2015 c.547 §20]

Source: Section 733.340 — Exemptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 743.255 — OR Code / Title 56 / Chapter 743 / Section 743.255
743.255 Grace period for annuities
Status: in_force

An annuity or pure endowment policy shall contain a provision that there shall be a period of grace of one month, but not less than 30 days, within which any stipulated payment to the insurer falling due after the first such payment may be made, subject at the option of the insurer to an interest charge thereon at the rate specified in the policy but not exceeding six percent per annum for the number of days of grace elapsing before such payment, during which period of grace the policy shall continue in full force. In case a claim arises under the policy on account of death prior to expiration of the period of grace before the overdue payment to the insurer or the deferred payments of the current policy year, if any, are made, the amount of such payments, with interest on any overdue payments, may be deducted from any amount payable under the policy in settlement. [1967 c.359 §405]

Source: Section 743.255 — Grace period for annuities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 732.610 — OR Code / Title 56 / Chapter 732 / Section 732.610
732.610 Contents of plan
Status: in_force

A plan of conversion or reorganization of a domestic mutual insurer must include the following:

(1) A statement of the reasons for the proposed action.

(2) A description of how the plan will be carried out, including, but not limited to, any merger, transfer, assumption, exchange, acquisition, contribution or other transaction included within the plan and a description of any stock holding company, mutual holding company, intermediate stock holding company or other corporation organized pursuant to the plan.

(3) A description of all significant terms of the conversion or reorganization.

(4) A description of the overall effect of the plan on policies issued by the converting mutual insurer. The description must show that policyholder interests collectively are properly preserved and protected and that the plan is fair and equitable to the policyholders.

(5) A statement of the manner and method by which membership interests in the converting mutual insurer will be extinguished and consideration will be provided to the eligible members in accordance with ORS 732.612 (Consideration for membership interest in converting or reorganizing mutual insurer) .

(6) The record date for determining whether a member of the converting mutual insurer is an eligible member.

(7) The proposed effective date of the conversion or reorganization or the manner in which the proposed effective date of the conversion or reorganization is established.

(8) The proposed amendments to or restatement of the articles of incorporation and bylaws of the converting mutual insurer and the proposed articles of incorporation and bylaws of any stock holding company, mutual holding company, intermediate stock holding company or other corporation organized pursuant to the plan.

(9) Except as otherwise provided in ORS 732.612 (Consideration for membership interest in converting or reorganizing mutual insurer) , the valuation of the converting mutual insurer immediately before the effective date of the conversion.

(10) A description of the significant terms of any offering of shares of capital stock or other securities of an issuer.

(11) The intention, if any, that a director or officer of the converting mutual insurer or converted stock insurer or any stock holding company, mutual holding company, intermediate stock holding company or other corporation organized pursuant to the plan may, within the six-month period following the effective date of the conversion or reorganization, purchase or acquire shares of capital stock or other securities of an issuer to be issued pursuant to the plan.

(12) A provision that all policies in force on the effective date of the conversion or reorganization will remain in force under the terms of those policies. The plan also must provide that on the effective date of the conversion or reorganization, any voting rights of the members provided for under the policies or under the Insurance Code are extinguished. Except for individual policies of life insurance, guaranteed renewable health insurance and noncancelable health insurance issued by the converting mutual insurer, the plan may authorize the converted stock insurer to issue nonparticipating policies as a substitute for participating policies upon the renewal dates of the participating policies.

(13) If applicable, a provision establishing a closed block of individual policies of life insurance, guaranteed renewable health insurance and noncancelable health insurance issued by the converting mutual insurer that are participating policies and in force on the effective date of the conversion or reorganization and for which the converting mutual insurer has an experience-based dividend scale payable in the year in which the plan is adopted by the board of directors of the converting mutual insurer. The plan may provide for conditions under which the converted stock insurer may cease to maintain the closed block and its allocated assets. Regardless of such a cessation, the obligations under the individual policies constituting the closed block business remain the obligations of the converted stock insurer. Dividends on those policies must be apportioned by the board of directors of the converted stock insurer in accordance with the terms of the policies. Assets of the insurer must be allocated to the closed block in an amount producing cash flows that, together with anticipated revenues from the closed block business, are expected to be sufficient to support the closed block business, including payment of claims and those expenses and taxes specified in the plan, and provide for continuation of dividend scales in effect on the effective date if the experience underlying the dividend scales continues. The provision establishing the closed block must provide for appropriate adjustments in the dividend scales if the experience changes. [1997 c.771 §5]

Source: Section 732.610 — Contents of plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 732.812 — OR Code / Title 56 / Chapter 732 / Section 732.812
732.812 Filing of financial statements
Status: in_force

(1) A controlled insurer shall file quarterly financial statements with the Director of the Department of Consumer and Business Services.

(2) Subsections (4) to (7) of this section apply to a controlled insurer and a controlling producer if, in any calendar year, the aggregate amount of gross written premium on insurance placed with a controlled insurer by a controlling producer is equal to or greater than five percent of the allowed assets of the controlled insurer, as reported in the quarterly financial statement of the controlled insurer filed as of September 30 of the prior year.

(3) Subsections (4) to (7) of this section do not apply to a controlled insurer and a controlling producer if:

(a) The controlling producer places insurance only with the controlled insurer or only with the controlled insurer and a member or members of the holding company system of the controlled insurer or the parent, affiliate or subsidiary of the controlled insurer, and receives no compensation based upon the amount of premiums written in connection with the insurance, and accepts insurance placements only from nonaffiliated subproducers and not directly from insureds; and

(b) The controlled insurer, except for insurance written through a residual market facility, accepts insurance placements only from a controlling producer, an insurance producer controlled by the controlled insurer or an insurance producer that is a subsidiary of the controlled insurer.

(4) A controlled insurer shall not accept insurance placements from a controlling producer, and a controlling producer shall not place insurance with a controlled insurer, unless there is a written contract between the controlling producer and the insurer that complies with the requirements of this subsection. The contract must be approved by the board of directors of the insurer before it becomes effective. The contract must specify the responsibilities of each party and contain the following minimum provisions:

(a) A provision authorizing the controlled insurer to terminate the contract for cause, upon written notice to the controlling producer, and requiring the controlled insurer to suspend the authority of the controlling producer to write insurance during the pendency of any dispute regarding the cause for the termination.

(b) A provision requiring the controlling producer to render accounts to the controlled insurer detailing all material transactions, including information necessary to support all commissions, charges and other fees received by or owing to the controlling producer.

(c) A provision requiring the controlling producer to remit all funds due under the terms of the contract to the controlled insurer on at least a monthly basis. The due date must be fixed so that premiums or installments thereof collected are remitted not later than the 90th day after the effective date of any policy placed with the controlled insurer under the contract.

(d) A provision requiring that all funds collected for the controlled insurer’s account be held by the controlling producer in a fiduciary capacity, in one or more appropriately identified trust accounts in accordance with ORS 744.083 (Trust account for premium funds) . ORS 744.084 (Certificate of deposit in lieu of trust account) does not apply for purposes of this paragraph. If a controlling producer is not required to be licensed in this state, the contract must require that the funds of the controlling producer be maintained in compliance with the requirements of the domiciliary jurisdiction of the controlling producer.

(e) A provision requiring the controlling producer to maintain separately identifiable records of insurance written for the controlled insurer.

(f) A provision prohibiting the contract from being assigned in whole or in part by the controlling producer.

(g) A provision requiring the controlled insurer to provide the controlling producer with its underwriting standards, rules and procedures, manuals setting forth the rates to be charged and the conditions for the acceptance or rejection of risks. The provision under this paragraph must also require the controlling producer to adhere to the standards, rules, procedures, rates and conditions, and must require the standards, rules, procedures, rates and conditions to be the same as those applicable to comparable business placed with the controlled insurer by an insurance producer other than the controlling producer.

(h) A provision establishing the rates and terms of the controlling producer’s commissions, charges or other fees and the purposes for those charges or fees. The rates of the commissions, charges and other fees must not be greater than those applicable to comparable business placed with the controlled insurer by insurance producers other than controlling producers. For purposes of this paragraph and paragraph (g) of this subsection, examples of comparable business include the same lines of insurance, same kinds of insurance, same kinds of risks, similar policy limits and similar quality of business.

(i) If the contract provides that the controlling producer, on insurance placed with the insurer, is to be compensated contingent upon the insurer’s profits on that insurance, a provision that the compensation must not be determined and paid until at least five years after the premiums on casualty insurance are earned and at least one year after the premiums are earned on any other insurance. The provision under this paragraph must also require that the commissions not be paid until the adequacy of the controlled insurer’s reserves on remaining claims has been independently verified pursuant to subsection (6) of this section.

(j) A provision establishing a limit on insurance written by the controlling producer in relation to the surplus and total insurance transacted by the controlled insurer. The insurer may establish a different limit for each line or subline of insurance. The provision under this paragraph:

(A) Must require the controlled insurer to notify the controlling producer when the applicable limit is approached and prohibit the controlled insurer from accepting insurance from the controlling producer if the limit is reached.

(B) Must prohibit the controlling producer from placing insurance with the controlled insurer if it has been notified by the controlled insurer that the limit has been reached.

(k) A provision that the controlling producer may negotiate but shall not bind reinsurance on behalf of the controlled insurer on insurance the controlling producer places with the controlled insurer, except that the controlling producer may bind facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract with the controlled insurer contains underwriting guidelines including, for reinsurance assumed and for reinsurance ceded, a list of reinsurers with which such automatic agreements are in effect, the coverages and amounts or percentages that may be reinsured and commission schedules.

(5) A controlled insurer must have an audit committee of the board of directors composed of independent directors. The audit committee shall meet annually with management, the independent certified public accountants of the insurer and an independent casualty actuary or other independent loss reserve specialist acceptable to the director to review the adequacy of the loss reserves of the insurer.

(6) In addition to any other required loss reserve certification, on April 1 of each year, a controlled insurer shall file with the director an opinion of an independent casualty actuary, or an independent loss reserve specialist that is acceptable to the director, reporting loss ratios for each line of insurance written and attesting to the adequacy of loss reserves established for losses incurred and outstanding as of year end, including losses incurred but not reported, on insurance placed by the insurance producer.

(7) A controlled insurer shall annually report to the director the amount of commissions paid to the insurance producer, the percentage such amount represents of the net premiums written and comparable amounts and percentage paid to noncontrolling producers for placements of the same kinds of insurance. [1993 c.447 §60; 2003 c.364 §83]

Note: See note under 732.810 (Definitions for ORS 732.810 to 732.814) .

Source: Section 732.812 — Filing of financial statements; contract requirements; audit; reports to director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 731.356 — OR Code / Title 56 / Chapter 731 / Section 731.356
731.356 Unauthorized insurance transaction enforcement
Status: in_force

When the Director of the Department of Consumer and Business Services believes, from evidence satisfactory to the director, that any insurer is violating or about to violate the provisions of ORS 731.354 (Certificate of authority required) , the director may cause a complaint to be filed in the Circuit Court of Marion County to enjoin and restrain such insurer from continuing such violation. The court shall have jurisdiction of the proceeding and shall have the power to make and enter an order or judgment awarding such preliminary or final injunctive relief as in its judgment is proper. [1969 c.336 §2]

Source: Section 731.356 — Unauthorized insurance transaction enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 735.435 — OR Code / Title 56 / Chapter 735 / Section 735.435
735.435 Evidence of insurance
Status: in_force

(1) Upon placing surplus lines insurance on an Oregon home state risk, the surplus lines licensee shall promptly deliver to the insured or the producing insurance producer the policy, or if such policy is not then available, a certificate as described in subsection (4) of this section, cover note or binder. The certificate, as described in subsection (4) of this section, cover note or binder shall be executed by the surplus lines licensee and shall show the description and location of the subject of the insurance, coverages including any material limitations other than those in standard forms, a general description of the coverages of the insurance, the premium and rate charged and taxes to be collected from the insured, and the name and address of the insured and surplus lines insurer or insurers and proportion of the entire risk assumed by each, and the name of the surplus lines licensee and the licensee’s license number.

(2) A surplus lines licensee may not issue or deliver any insurance policy or certificate of insurance or represent that insurance will be or has been written by any eligible surplus lines insurer, unless the licensee has authority from the insurer to cause the risk to be insured, or has received information from the insurer in the regular course of business that such insurance has been granted.

(3) If, after delivery of an insurance policy or certificate of insurance, there is any change in the identity of the insurers, or the proportion of the risk assumed by any insurer, or any other material change in coverage as stated in the surplus lines licensee’s original insurance policy, or in any other material as to the insurance coverage, the surplus lines licensee shall promptly issue and deliver to the insured or the original producing insurance producer an appropriate substitute for, or indorsement of the original document, accurately showing the current status of the coverage and the insurers responsible thereunder.

(4) As soon as reasonably possible after the placement of any such insurance the surplus lines licensee shall deliver a copy of the policy or, if not available, a certificate of insurance to the insured or producing insurance producer to replace an insurance policy or certificate of insurance theretofore issued. Each certificate or policy of insurance shall contain or have attached thereto a complete record of all policy insuring agreements, conditions, exclusions, clauses, indorsements or any other material facts that would regularly be included in the policy.

(5) Any surplus lines licensee who fails to comply with the requirements of this section shall be subject to the penalties provided in ORS 731.988 (Civil penalties) .

(6) Each insurance policy or certificate of insurance negotiated, placed or procured under the provisions of ORS 735.400 (Purposes of ORS 735.400 to 735.495) to 735.495 (Short title) by the surplus lines licensee shall bear the name of the licensee and the following legend in bold type: “This insurance was procured and developed under the Oregon surplus lines laws. It is NOT covered by the provisions of ORS 734.510 (Definitions for ORS 734.510 to 734.710) to 734.710 (Administration of delinquency proceeding claims and expenses) relating to the Oregon Insurance Guaranty Association. If the insurer issuing this insurance becomes insolvent, the Oregon Insurance Guaranty Association has no obligation to pay claims under this insurance.”

(7) The Director of the Department of Consumer and Business Services by rule may establish requirements relating to insurance policies and certificates of insurance and other applicable requirements governing placement of insurance by a nonresident surplus lines licensee outside this state that covers an Oregon home state risk. [1987 c.774 §124; 2001 c.191 §45a; 2003 c.364 §40; 2011 c.660 §13]

Source: Section 735.435 — Evidence of insurance; contents; change; penalty; notice regarding Insurance Guaranty Association; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 748.130 — OR Code / Title 56 / Chapter 748 / Section 748.130
748.130 Principal office
Status: in_force

(1) The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province or territory in which the society has at least one lodge or in any other location as determined by the supreme governing body, and all business transacted at the meetings shall be as valid in all respects as if the meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in English.

(2) A society may provide in its laws for an official publication in which any notice, report or statement required by law to be given to members, including notice of election, may be published. The required notices, reports or statements shall be printed conspicuously in the publication. If the records of a society show that two or more members have the same mailing address, an official publication mailed to one member is deemed to be mailed to all members at the same address unless a member requests a separate copy.

(3) Not later than June 1 of each year, a synopsis of the society’s annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, the synopsis may be published in the society’s official publication.

(4) A society may provide in its laws or rules for grievance or complaint procedures for members. [1987 c.490 §8]

Source: Section 748.130 — Principal office; publications; annual statement synopsis; complaints , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 731.458 — OR Code / Title 56 / Chapter 731 / Section 731.458
731.458 Exchange of reciprocal or interinsurance contracts
Status: in_force

(1) Individuals, partnerships and corporations of this state, hereby designated as subscribers, may exchange reciprocal or interinsurance contracts with each other, or with individuals, partnerships and corporations of other states and countries, providing indemnity among themselves from any loss which may be insured against under the Insurance Code, except life insurance and title insurance. Such contracts may be executed by an attorney, agent or other representative, hereby designated as attorney, duly authorized and acting for such subscribers. The attorney may be an individual, firm or corporation organized under the laws of this state or any other state or territory and having a principal office at the place designated by the subscribers in the power of attorney.

(2) Any corporation now or hereafter organized under the laws of the state, in addition to the rights, powers and franchises specified in its articles of incorporation, may exchange insurance contracts of the kind and character described in subsection (1) of this section. The right to exchange such contracts is declared to be incidental to the purpose for which such corporations are organized and as much granted as the rights and powers expressly conferred. [Formerly 749.010]

Source: Section 731.458 — Exchange of reciprocal or interinsurance contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 735.152 — OR Code / Title 56 / Chapter 735 / Section 735.152
735.152 Application of laws
Status: in_force

(1) The provisions of the Insurance Code cited in ORS 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) apply to captive insurers. In addition, the provisions of the Insurance Code set forth in ORS chapter 731 relating to administration of the insurance laws apply to captive insurers to the extent not inconsistent with the express provisions of ORS 735.150 (Definitions for ORS 735.150 to 735.190) to 735.190 (Incorporation of captive reinsurer) .

(2) In addition to the provisions of the Insurance Code set forth in subsection (1) of this section, ORS 705.137 (Information that is confidential or not subject to disclosure) and 705.139 (Agreements with other agencies regarding sharing and use of confidential information) apply to captive insurers. [2012 c.84 §3]

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

Source: Section 735.152 — Application of laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 744.068 — OR Code / Title 56 / Chapter 744 / Section 744.068
744.068 Required notifications
Status: in_force

(1) An insurance producer shall notify the Director of the Department of Consumer and Business Services prior to transacting business under the insurance producer license under any name other than the insurance producer’s legal name and prior to changing, deleting or adding an assumed business name in connection with the insurance producer’s business under the insurance producer license.

(2) A resident insurance producer shall keep at the principal place of business of the insurance producer the usual and customary records pertaining to the business under the resident insurance producer license. All such records shall be kept available and open to the inspection of the director during business hours. A resident insurance producer shall keep records of insurance transacted by the insurance producer under the license for three years following expiration of the policy unless the director designates another period.

(3) A nonresident insurance producer shall keep at the principal place of business of the insurance producer the usual and customary records pertaining to the business under the nonresident insurance producer license. All such records shall be kept available and open to the inspection of the director during business hours. For the purpose of this subsection, if a nonresident insurance producer has a place of transacting insurance in this state, that place shall be the principal place of business for the nonresident insurance producer. A nonresident insurance producer shall keep records of insurance transacted by the insurance producer under the nonresident insurance producer license for three years following expiration of the policy unless the director designates another period.

(4) An insurance producer shall notify the director of any of the following changes not later than the 30th day after the date of the change:

(a) A change of address or telephone number of the principal place of business or any location at which the insurance producer transacts business under the license in this state.

(b) The opening or closing of a location at which the insurance producer transacts business under the license in this state.

(c) A change of residence. This paragraph applies only to a resident insurance producer.

(5) Not later than the 30th day after the authority of an individual insurance producer to act for an insurance producer that is a business entity has commenced or terminated, the business entity shall notify the director of the commencement or termination. The director may establish by rule a different period within which the business entity must notify the director under this subsection. [2001 c.191 §11; 2003 c.364 §12]

Source: Section 744.068 — Required notifications; maintenance of usual and customary records; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 742.043 — OR Code / Title 56 / Chapter 742 / Section 742.043
742.043 Binders
Status: in_force

(1) Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable indorsements as are designated in the binder, except as superseded by the clear and express terms of the binder.

(2) Except as provided in subsection (3) of this section and ORS 746.195 (Insurance on property securing loan or credit) , within 90 days after issue of a binder a policy shall be issued in lieu thereof, including within its terms the identical insurance bound under the binder and the premium therefor.

(3) If the policy has not been issued a binder may be extended or renewed beyond such 90 days with the written approval of the Director of the Department of Consumer and Business Services, or in accordance with such rules relative thereto as the director may promulgate.

(4) This section does not apply to life or health insurance. [Formerly 743.075]

Source: Section 742.043 — Binders , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 746.285 — OR Code / Title 56 / Chapter 746 / Section 746.285
746.285 Notice of prohibition in motor vehicle repair shops
Status: in_force

A person operating a motor vehicle body and frame repair shop shall display in a conspicuous place in the shop a sign in bold face type in letters at least two inches high reading substantially as follows:

PURSUANT TO OREGON INSURANCE LAW, AN INSURANCE COMPANY MAY NOT REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE BY A PARTICULAR PERSON OR REPAIR SHOP.

[1977 c.785 §3]

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

Source: Section 746.285 — Notice of prohibition in motor vehicle repair shops; size; location , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 732.582 — OR Code / Title 56 / Chapter 732 / Section 732.582
732.582 Determination of reasonableness and adequacy of capital and surplus
Status: in_force

For purposes 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) , in order to determine whether the combined capital and surplus is reasonable in relation to the outstanding liabilities of the insurer and adequate to its financial needs, the Director of the Department of Consumer and Business Services must consider at least the applicable factors stated in ORS 731.554 (Capital and surplus requirements) for determining the reasonableness and adequacy of the insurer’s capital and surplus. [1993 c.447 §50]

EXAMINATIONS, CONFIDENTIALITY, REGULATORY POWERS

Source: Section 732.582 — Determination of reasonableness and adequacy of capital and surplus , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 743a.048 — OR Code / Title 56 / Chapter 743a / Section 743a.048
743A.048 Services provided by psychologist
Status: in_force

Whenever any provision of any individual or group health insurance policy or contract provides for payment or reimbursement for any service which is within the lawful scope of a psychologist licensed under ORS 675.010 (Definitions for ORS 675.010 to 675.150) to 675.150 (Enforcement procedures) :

(1) The insured under such policy or contract shall be free to select, and shall have direct access to, a psychologist licensed under ORS 675.010 (Definitions for ORS 675.010 to 675.150) to 675.150 (Enforcement procedures) , without supervision or referral by a physician or another health practitioner, and wherever such psychologist is authorized to practice.

(2) The insured under such policy or contract shall be entitled to have payment or reimbursement made to the insured or on the insured’s behalf for the services performed. Such payment or reimbursement shall be in accordance with the benefits provided in the policy and shall be the same whether performed by a physician or a psychologist licensed under ORS 675.010 (Definitions for ORS 675.010 to 675.150) to 675.150 (Enforcement procedures) . [Formerly 743.709]

Source: Section 743A.048 — Services provided by psychologist , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 742.702 — OR Code / Title 56 / Chapter 742 / Section 742.702
742.702 Grounds for cancellation
Status: in_force

(1) Except as provided in ORS 742.710 (Exemptions from provisions of ORS 742.700 to 742.708) , a contract of commercial liability insurance may not be canceled by an insurer before the expiration of the policy, except on one or more of the following grounds:

(a) Nonpayment of premium.

(b) Fraud or material misrepresentation made by or with the knowledge of the named insured in obtaining the policy, continuing the policy or in presenting a claim under the policy.

(c) Substantial increase in the risk of loss after insurance coverage has been issued or renewed, including but not limited to an increase in exposure due to rules, legislation or court decision.

(d) Failure to comply with reasonable loss control recommendations.

(e) Substantial breach of contractual duties, conditions or warranties.

(f) Determination by the Director of the Department of Consumer and Business Services that the continuation of a line of insurance or class of business to which the policy belongs will jeopardize a company’s solvency or will place the insurer in violation of the insurance laws of Oregon or any other state.

(g) Loss or decrease in reinsurance covering the risk.

(h) Any other reason approved by the director by rule.

(2) Cancellation of a commercial liability policy shall not be effective until at least 10 working days after the insured receives a written notice of cancellation. The notice shall state the effective date of and the reason for cancellation and shall inform the insured of the hearing rights established by ORS 742.704 (Hearing) .

(3) This section does not apply to policies canceled because of action by an insurer under ORS 731.482 (Withdrawal from, failure to renew or cancellation of line by commercial liability insurer) . [Formerly 743.942]

Source: Section 742.702 — Grounds for cancellation; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 735.184 — OR Code / Title 56 / Chapter 735 / Section 735.184
735.184 Requirements for foreign captive insurer to provide insurance in this state
Status: in_force

Notwithstanding ORS 731.022 (Compliance with Insurance Code required) , a foreign captive insurer may provide insurance in this state if the foreign captive insurer meets both of the following conditions:

(1) The foreign captive insurer is domiciled in a state that regulates the foreign captive insurer as a captive insurer and the captive insurer is in good standing in that state.

(2) All activities related to the placement of the insurance occurs in the domicile state and the insurance otherwise complies with the laws of the domicile state, including the proposal to make an insurance contract, taking or receiving an application for insurance, collecting a premium or other consideration for the insurance and issuing or delivering policies of insurance. [2012 c.84 §19]

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

Source: Section 735.184 — Requirements for foreign captive insurer to provide insurance in this state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 731.520 — OR Code / Title 56 / Chapter 731 / Section 731.520
731.520 Conditions that insurers assuming ceded reinsurance must meet for allowance of credit
Status: in_force

(1) Credit must be allowed if reinsurance is ceded to an assuming insurer that meets each of the conditions set forth below:

(a) The assuming insurer must be licensed in a reciprocal jurisdiction and have the assuming insurer’s home office in, or be domiciled in, as applicable, the reciprocal jurisdiction. For purposes of this paragraph, a reciprocal jurisdiction is a jurisdiction that meets one of the following:

(A) A jurisdiction outside the United States that is subject to an in-force covered agreement with the United States, each within the jurisdiction’s legal authority or, in the case of a covered agreement between the United States and the European Union, is a member state of the European Union. For purposes of this subparagraph, a covered agreement is an agreement entered into under the Dodd-Frank Wall Street Reform and Consumer Protection Act, 31 U.S.C. 313 and 314, that is currently in effect or in a period of provisional application and that addresses the elimination, under specified conditions, of collateral requirements as a condition for entering into any reinsurance agreement with a ceding insurer domiciled in this state or for allowing the ceding insurer to recognize credit for reinsurance.

(B) A United States jurisdiction that meets the requirements for accreditation under the National Association of Insurance Commissioners’ Financial Regulation Standards and Accreditation Program.

(C) A qualified jurisdiction, as the Director of the Department of Consumer and Business Services determines in accordance with ORS 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) (5), that is not otherwise described in subparagraph (A) or (B) of this paragraph and that meets other requirements the director specifies by rule that are consistent with the terms and conditions of in-force covered agreements.

(b) The assuming insurer must have and maintain, on an ongoing basis, minimum capital and surplus, or an equivalent, calculated according to the methodology of the assuming insurer’s domiciliary jurisdiction, in an amount set forth in rule. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, the assuming insurer must have and maintain, on an ongoing basis, minimum capital and surplus equivalents, net of liabilities, calculated according to the methodology applicable in the assuming insurer’s domiciliary jurisdiction, and a central fund containing a balance in amounts set forth in rule.

(c) The assuming insurer must have and maintain, on an ongoing basis, a minimum solvency or capital ratio, as applicable, that is set forth in rule. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, the assuming insurer must have and maintain, on an ongoing basis, a minimum solvency or capital ratio in the reciprocal jurisdiction where the assuming insurer is licensed and has the assuming insurer’s head office or is domiciled.

(d) The assuming insurer must agree and provide adequate assurance to the director, in a form the director specifies by rule, as follows:

(A) The assuming insurer must provide prompt written notice and explanation to the director if the assuming insurer falls below the minimum requirements set forth in paragraph (b) or (c) of this subsection or if any regulatory action is taken against the assuming insurer for serious noncompliance with applicable law.

(B) The assuming insurer must consent in writing to the jurisdiction of the courts of this state and to the appointment of the director as agent for service of process. The director may require that consent for service of process be provided to the director and included in each reinsurance agreement. This subparagraph does not limit or in any way alter the capacity of parties to a reinsurance agreement to agree to alternative dispute resolution mechanisms, except to the extent that such agreements are unenforceable under applicable insolvency or delinquency laws.

(C) Wherever enforcement is sought, the assuming insurer must consent in writing to pay all final judgments that a ceding insurer or the ceding insurer’s successor obtains in a jurisdiction that has declared the final judgment enforceable.

(D) Each reinsurance agreement must include a provision requiring the assuming insurer to provide security in an amount equal to 100 percent of the assuming insurer’s liabilities attributable to reinsurance ceded under the reinsurance agreement if the assuming insurer resists enforcement of a final judgment that is enforceable under the law of the jurisdiction in which the final judgment was obtained or of a properly enforceable arbitration award, whether the ceding insurer or the ceding insurer’s legal successor obtains the final judgment or arbitration award on behalf of the ceding insurer or the ceding insurer’s resolution estate.

(E) The assuming insurer must confirm that the assuming insurer is not presently participating in any solvent scheme of arrangement that involves this state’s ceding insurers and, if the assuming insurer does enter into a solvent scheme of arrangement, must agree to notify the ceding insurer and the director and provide security in an amount equal to 100 percent of the assuming insurer’s liabilities to the ceding insurer. The security must be in a form that the director specifies by rule consistent with the provisions of ORS 731.510 (Criteria for allowing reduction from liability for reinsurance) and 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) .

(e) At the director’s request, the assuming insurer or the assuming insurer’s legal successor must provide on the assuming insurer’s behalf and on behalf of any of the assuming insurer’s legal predecessors, documentation the director specifies by rule.

(f) The assuming insurer must maintain a practice of prompt payment of claims under reinsurance agreements in accordance with criteria the director specifies by rule.

(g) The assuming insurer’s supervisory authority must confirm to the director every year, as of the preceding December 31 or on the annual date otherwise statutorily reported to the reciprocal jurisdiction, that the assuming insurer complies with the requirements set forth in paragraphs (b) and (c) of this subsection.

(h) This subsection does not preclude an assuming insurer from providing the director with information on a voluntary basis.

(2) The director shall timely create and publish a list of reciprocal jurisdictions as follows:

(a) The director’s list must include any reciprocal jurisdiction described in subsection (1)(a)(A) and (B) of this section, and the director shall consider for inclusion in the list any other reciprocal jurisdiction included on the list of reciprocal jurisdictions that the National Association of Insurance Commissioners publishes. The director may include on the director’s list a jurisdiction that does not appear on the National Association of Insurance Commissioners’ list in accordance with criteria the director specifies by rule.

(b) The director may remove a jurisdiction from the list the director publishes after determining, in accordance with a process the director specifies by rule, that the jurisdiction no longer meets the requirements of a reciprocal jurisdiction, except that the director may not remove from the list a reciprocal jurisdiction described in subsection (1)(a)(A) and (B) of this section. The director shall allow credit for reinsurance ceded to an assuming insurer that has a home office in, or is domiciled in, a jurisdiction the director removed from the director’s list of reciprocal jurisdictions, if otherwise allowed under applicable provisions of the Insurance Code.

(3) The director shall timely create and publish a list of assuming insurers that have satisfied the conditions set forth in this section and to which cessions will be granted credit in accordance with this section. The director may add an assuming insurer to the list if a jurisdiction that the National Association of Insurance Commissioners has accredited has added the assuming insurer to the jurisdiction’s list of assuming insurers or if, upon initial eligibility, the assuming insurer submits information to the director as required under subsection (1)(d) of this section and complies with any additional requirements that the director may impose by rule, except to the extent that the additional requirements conflict with an applicable covered agreement.

(4) If the director determines that an assuming insurer no longer meets one or more of the requirements under this section, the director may revoke or suspend the eligibility of the assuming insurer for recognition under this section in accordance with procedures the director specifies by rule. The effect of the director’s revocation or suspension is:

(a) A reinsurance agreement issued, amended or renewed after the effective date of the assuming insurer’s suspension does not qualify for credit except to the extent that the assuming insurer’s obligations under the reinsurance agreement are secured in accordance with ORS 731.510 (Criteria for allowing reduction from liability for reinsurance) and rules the director adopts.

(b) Credit for reinsurance after the effective date of the assuming insurer’s revocation of eligibility may not be granted with respect to any reinsurance agreements the assuming insurer entered into, including reinsurance agreements the assuming insurer entered into before the effective date of the revocation, except to the extent that the assuming insurer’s obligations under the reinsurance agreement are secured consistent with the provisions of ORS 731.510 (Criteria for allowing reduction from liability for reinsurance) and rules the director adopts.

(5) If subject to a legal process of rehabilitation, liquidation or conservation, as applicable, the ceding insurer or a representative of the ceding insurer may seek and obtain an order requiring that the assuming insurer post security for all outstanding ceded liabilities, if the court in which the proceedings are pending determines that the order is appropriate.

(6) This section does not limit or in any way alter the capacity of parties to a reinsurance agreement to agree on requirements for security or other terms in the reinsurance agreement, except as expressly prohibited under the Insurance Code or other applicable law, rule or regulation.

(7) Intentionally left blank —Ed.

(a) Credit may be taken under this section only for reinsurance agreements entered into, amended or renewed on or after September 25, 2021, and only with respect to losses incurred and reserves reported on or after the later of:

(A) The date on which the assuming insurer has met all eligibility requirements under subsection (1) of this section; and

(B) The effective date of the new reinsurance agreement, amendment or renewal.

(b) This subsection does not alter or impair a ceding insurer’s right to take credit for reinsurance, to the extent that credit is not available under this section, as long as the reinsurance qualifies for credit under any other applicable provision of the Insurance Code.

(8) This section does not:

(a) Authorize an assuming insurer to withdraw or reduce the security provided under any reinsurance agreement, except as permitted by the terms of the reinsurance agreement; or

(b) Limit or in any way alter the capacity of parties to any reinsurance agreement to renegotiate the reinsurance agreement. [2021 c.204 §2]

Source: Section 731.520 — Conditions that insurers assuming ceded reinsurance must meet for allowance of credit; list of reciprocal jurisdictions; list of qualifying assuming insurers; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 746.661 — OR Code / Title 56 / Chapter 746 / Section 746.661
746.661 Use of credit history or insurance score
Status: in_force

(1) An insurer that issues personal insurance policies in this state:

(a) May not cancel or nonrenew personal insurance that has been in effect for more than 60 days based in whole or in part on a consumer’s credit history or insurance score.

(b) May use a consumer’s credit history to decline coverage of personal insurance in the initial underwriting decision only in combination with other substantive underwriting factors. An offer of placement with an affiliate insurer does not constitute a declination of insurance coverage.

(c) May not use the following types of credit history to decline coverage of personal insurance, calculate an insurance score or determine personal insurance premiums or rates:

(A) The absence of credit history or the inability to determine the consumer’s credit history, if the insurer has received accurate and complete information from the consumer, unless the insurer does one of the following:

(i) If the insurer presents information that the absence of credit history or the inability to determine the consumer’s credit history relates to the risk for the insurer, uses the absence of a credit history or inability to determine a consumer’s credit history as allowed by rules adopted by the Director of the Department of Consumer and Business Services;

(ii) Treats the consumer as if the applicant or insured has neutral credit history, as defined by the insurer; or

(iii) Excludes the use of credit information as a factor and uses only other underwriting criteria.

(B) Credit inquiries not initiated by the consumer or inquiries requested by the consumer for the consumer’s own credit information.

(C) Inquiries identified on a consumer’s credit report relating to insurance coverage.

(D) Multiple lender inquiries identified as being from the home mortgage industry and made within 30 days of one another, unless only one inquiry is considered.

(E) Multiple lender inquiries identified as being from the automobile lending industry and made within 30 days of one another, unless only one inquiry is considered.

(F) The consumer’s total available line of credit. However, an insurer may consider the total amount of outstanding debt in relation to the total available line of credit.

(d) May not rerate an existing policy or rerate a customer based on a customer’s credit history or the credit history component of a customer’s insurance score when the marital status of the customer changes due to death or divorce.

(2) Intentionally left blank —Ed.

(a) If an insurer uses the consumer’s credit history or insurance score at any time in the rating of a personal insurance policy, the consumer may request, no more than once per insurer per policy line annually, that the insurer rerate the consumer according to the standards that the insurer would apply if the consumer were initially applying for the same insurance policy.

(b) The insurer shall rerate the consumer within 30 days after receiving a request from the consumer. After rerating the consumer based upon the request, the insurer may not use credit information from rerating to increase the premium on any personal insurance policy the consumer holds. If the consumer qualifies for a more favorable rating category, the insurer shall reduce the premiums on all the personal insurance policies the consumer holds in the related policy line for which the consumer’s credit history and insurance score would entitle the consumer to lower premiums if the consumer were applying for a new policy. The effective date of any rate change is the date of the consumer’s request.

(c) If a request to rerate a policy is received within 60 days prior to a renewal date, or if the difference between the current rate and the improved rate is less than $10, the insurer may provide the consumer with the difference between the current rate and the improved rate over the remainder of the current period as a credit upon renewal. If the policy is canceled or not renewed, the insurer shall refund the unearned premium. Any existing claim-related discounts or surcharges shall carry forward for each rerated policy.

(3) If an insurer uses disputed credit history to determine eligibility for coverage of personal insurance and places a consumer with an affiliate that charges higher premiums or offers less favorable policy terms:

(a) The insurer shall rerate the policy retroactive to the effective date of the current policy term; and

(b) The policy, as reissued or rerated, shall provide the premiums and policy terms for which the consumer would have been eligible if accurate credit history had been used to determine eligibility.

(4) If an insurer charges higher premiums due to disputed credit history, the insurer shall rerate the policy retroactive to the effective date of the current policy term. As rerated, the insurer shall charge the consumer the same premiums the consumer would have been charged if accurate credit history had been used to calculate an insurance score.

(5) Subsections (3) and (4) of this section apply only if the consumer resolves the credit dispute under the process set forth in the federal Fair Credit Reporting Act (15 U.S.C. 1681) and notifies the insurer in writing that the dispute has been resolved.

(6) Except as provided in subsections (2), (3) and (4) of this section, an insurer may only use rating factors other than credit history or insurance score to rerate the policy at renewal. [2003 c.788 §4; 2005 c.464 §1; 2009 c.422 §1]

Source: Section 746.661 — Use of credit history or insurance score , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 735.460 — OR Code / Title 56 / Chapter 735 / Section 735.460
735.460 Records of licensee
Status: in_force

(1) Each surplus lines licensee shall keep a full and true record of each surplus lines insurance contract placed on an Oregon home state risk by or through the licensee as required by ORS 744.068 (Required notifications) , including a copy of the policy, certificate, cover note or other evidence of insurance showing any of the following items that are applicable:

(a) Amount of the insurance and perils insured;

(b) Brief description of the property insured and its location;

(c) Gross premium charged;

(d) Any return premium paid;

(e) Rate of premium charged upon the several items of property;

(f) Effective date of the contract and the terms thereof;

(g) Name and address of the insured;

(h) Name and address of the insurer;

(i) Amount of tax and other sums to be collected from the insured; and

(j) Identity of the producing insurance producer, any confirming correspondence from the insurer or its representative and the application.

(2) The record of each contract shall be kept open at all reasonable times to examination by the Director of the Department of Consumer and Business Services without notice for a period not less than five years following termination of the contract. [1987 c.774 §129; 2001 c.191 §47; 2003 c.364 §43; 2011 c.660 §16]

Source: Section 735.460 — Records of licensee; examination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 743b.423 — OR Code / Title 56 / Chapter 743b / Section 743b.423
743B.423 Utilization review requirements for insurers offering health benefit plan
Status: in_force

(1) All insurers offering a health benefit plan in this state that provide utilization review or have utilization review provided on their behalf shall file an annual summary with the Department of Consumer and Business Services that describes all utilization review policies, including delegated utilization review functions, and documents the insurer’s procedures for monitoring of utilization review activities.

(2) All utilization review activities conducted pursuant to subsection (1) of this section shall comply with the following:

(a) In addition to the requirements of ORS 743B.602 (Step therapy) , in establishing utilization review, the insurer must use clinical review criteria that are evidence-based and continuously updated based on new evidence and research, and take into account new developments in treatment.

(b) The insurer must adjudicate claims for reimbursement in accordance with ORS 743B.450 (Prompt payment of claims) based on the information submitted by the provider and may not require the provider to resubmit the information.

(c) The criteria and the process used in the utilization review and the method of development of the criteria must be made available for review to contracting providers.

(d) The insurer must have a website where:

(A) The following information is clearly posted:

(i) All requirements for requesting coverage of a treatment, drug, device or diagnostic or laboratory test that is subject to utilization review, including the specific documentation required for a request to be considered complete.

(ii) A list of the specific treatments, drugs, devices or diagnostic or laboratory tests that are subject to utilization review.

(B) A provider can make a secure electronic submission, meeting industry standards for privacy, of a request for coverage of a treatment, drug, device or diagnostic or laboratory test that is subject to utilization review, along with needed forms and documents, and receive an electronic acknowledgement of receipt of the request.

(e) If the insurer deems as incomplete a request made for coverage of a treatment, drug, device or diagnostic or laboratory test that is subject to utilization review, the insurer must inform the provider of the specific information needed for the request to be considered complete.

(f) The insurer must use a physician licensed under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) to make all final recommendations regarding coverage of a treatment, drug, device or diagnostic or laboratory test that is subject to utilization review and to consult as needed.

(g) The insurer must give a provider notice in writing of a denial of a request for coverage of a treatment, drug, device or diagnostic or laboratory test that is subject to utilization review. The notice must be written in plain language, be understandable to providers and patients, and include the specific reason for the denial based on evidence-based, peer-reviewed literature. If the denial is based on terms in a policy or certificate of insurance, the denial must cite the specific language in the policy or certificate.

(h) The insurer must make available to any provider who has had a request for treatment or payment for services denied as not medically necessary or as experimental shall be provided an opportunity for a timely appeal before an appropriate medical consultant or peer review committee.

(i) Except as provided in paragraph (j) of this subsection, an insurer must issue a determination on a provider’s or an enrollee’s request for coverage of a nonemergency treatment, drug, device or diagnostic or laboratory test that is subject to utilization review within a reasonable period of time appropriate to the medical circumstances but no later than two business days after receipt of the request, and qualified health care personnel must be available for same-day telephone responses to inquiries concerning certification of continued length of stay.

(j) If the insurer requires additional information from an enrollee or a provider to make a determination on a request for coverage of a treatment, drug, device or diagnostic or laboratory test that is subject to utilization review, no later than two business days after receipt of the request, the insurer shall notify the enrollee and the provider in writing of the additional information needed to make the determination. The insurer shall issue the determination by the later of:

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

(B) Fifteen days after the date of the request for additional information.

(k) If a change in a drug formulary or other change in coverage impacts the coverage of any enrollee’s treatment plan and the enrollee has been stabilized on the treatment plan for at least 90 days, the insurer must continue to provide coverage of the treatment until utilization review and all internal appeals and external reviews are completed.

(L) The insurer may not alter utilization review requirements, or initiate or implement new utilization review requirements, without giving a 60-day advance notice to all participating providers.

(m) In addition to the requirements of ORS 743B.420 (Prior authorization requirements) , an approved request for coverage of a treatment, other than a prescription drug, shall be binding on the insurer for a period ending on the later of the following:

(A) The reasonable duration of the treatment based on clinical standards; or

(B) Sixty days after the date that the treatment begins following approval of prior authorization.

(n) Except as provided in paragraph (o) of this subsection, an approved request for coverage of a prescription drug shall be binding on the insurer for one year from the date that the treatment begins following approval of the request if the drug:

(A) Is prescribed as a maintenance therapy that is expected to last at least 12 months based on medical or scientific evidence;

(B) Continues to be prescribed throughout the 12-month period; and

(C) Intentionally left blank —Ed.

(i) Is prescribed for a condition that is within the scope of use for the drug as approved by the United States Food and Drug Administration; or

(ii) Has been proven to be a safe and effective form of treatment for the enrollee’s medical condition based on clinical practice guidelines developed from peer-reviewed medical literature.

(o) Paragraph (n) of this subsection does not apply if:

(A) A therapeutic equivalent of the prescription drug or a generic alternative to the prescription drug is or becomes available as a substitute for the drug for which prior authorization is requested or was approved; or

(B) A biologic product is or becomes available that is determined by the United States Food and Drug Administration to be interchangeable with the drug for which prior authorization is requested or approved.

(p) Paragraphs (k), (m) and (n) of this subsection do not require an insurer to reimburse the cost of care for a patient who is no longer enrolled in the health benefit plan offered by the insurer. [Formerly 743.807; 2017 c.409 §39; 2019 c.284 §4; 2021 c.154 §5]

Source: Section 743B.423 — Utilization review requirements for insurers offering health benefit plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 731.509 — OR Code / Title 56 / Chapter 731 / Section 731.509
731.509 Legislative intent
Status: in_force

(1) The purpose of ORS 731.509 (Legislative intent) , 731.510 (Criteria for allowing reduction from liability for reinsurance) , 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) , 731.512 (Withdrawal of insurer) and 731.516 (Mortgage insurance limitation) is to protect the interests of insureds, claimants, ceding insurers, assuming insurers and the public generally. The Legislative Assembly declares that the intent of the Legislative Assembly is to ensure adequate regulation of insurers and reinsurers and adequate protection for those to whom insurers and reinsurers owe obligations. In furtherance of that state interest, the Legislative Assembly mandates that upon the insolvency of an alien insurer or reinsurer that provides security to fund the alien insurer’s or reinsurer’s United States obligations in accordance with ORS 731.509 (Legislative intent) , 731.510 (Criteria for allowing reduction from liability for reinsurance) , 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) , 731.512 (Withdrawal of insurer) and 731.516 (Mortgage insurance limitation) , the assets representing the security must be maintained in the United States and claims must be filed with and valued by the state insurance commissioner with regulatory oversight, and the assets must be distributed in accordance with the insurance laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic United States insurers. The Legislative Assembly declares that the laws contained in ORS 731.509 (Legislative intent) , 731.510 (Criteria for allowing reduction from liability for reinsurance) , 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) , 731.512 (Withdrawal of insurer) and 731.516 (Mortgage insurance limitation) are fundamental to the business of insurance in accordance with 15 U.S.C. 1011 and 1012.

(2) The Director of the Department of Consumer and Business Services may not allow credit for reinsurance to a domestic ceding insurer as either an asset or a reduction from liability on account of reinsurance ceded unless credit is allowed as provided under ORS 731.508 (Approved reinsurance) and unless the reinsurer meets the requirements of:

(a) Subsection (4) of this section;

(b) Subsection (5) of this section and ORS 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) (1);

(c) Subsection (6) of this section;

(d) Subsections (7) and (8) of this section;

(e) ORS 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) ; or

(f) Intentionally left blank —Ed.

(A) Subsection (9) of this section; and

(B) Additional requirements that the director specifies by rule, which may include:

(i) The valuation of assets or reserve credits;

(ii) The amount and forms of security that support reinsurance arrangements; and

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

(3) The director shall allow credit under subsection (4), (5) or (6) of this section or under ORS 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) only with respect to cessions of the kinds or classes of business that the assuming insurer is licensed or otherwise permitted to write or assume in the state in which the assuming insurer is domiciled or, if the assuming insurer is an alien insurer, the state in which the assuming insurer is entered and is licensed or authorized to transact insurance or reinsurance. The director may allow credit under subsection (6) or (7) of this section only if the assuming insurer satisfies applicable requirements under subsection (10) of this section.

(4) The director shall allow credit if the reinsurance is ceded to an authorized assuming insurer that accepts reinsurance of risks and retains the risk of the reinsurance within such limits as the assuming insurer is otherwise authorized to insure in this state, as provided in ORS 731.508 (Approved reinsurance) .

(5) The director shall allow credit if the reinsurance is ceded to an assuming insurer that is accredited as a reinsurer in this state as provided in ORS 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) . The director may not allow credit to a domestic ceding insurer if the director has revoked accreditation of the assuming insurer after notice and opportunity for hearing.

(6) The director shall allow credit if the reinsurance is ceded to a foreign assuming insurer or a United States branch of an alien assuming insurer meeting all of the following requirements:

(a) The foreign assuming insurer must be domiciled in a state employing standards regarding credit for reinsurance that equal or exceed the standards applicable under this section. The United States branch of an alien assuming insurer must be entered through a state employing such standards.

(b) The foreign assuming insurer or United States branch of an alien assuming insurer must maintain a combined capital and surplus in an amount not less than $20,000,000. The requirement of this paragraph does not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system.

(c) The foreign assuming insurer or United States branch of an alien assuming insurer must submit to the authority of the director to examine the foreign assuming insurer’s or the alien assuming insurer’s books and records.

(7) The director shall allow credit if the reinsurance is ceded to an assuming insurer that maintains a trust fund meeting the requirements of this subsection and subsection (8) of this section and that also complies with other requirements of this subsection and subsection (8) of this section. The trust fund must be maintained in a qualified United States financial institution, as defined in ORS 731.510 (Criteria for allowing reduction from liability for reinsurance) (1), for the payment of the valid claims of the assuming insurer’s United States policyholders and ceding insurers and the assigns and successors in interest of the policyholders and ceding insurers. The assuming insurer must report annually to the director information that is substantially the same as information authorized insurers must report on the annual statement form under ORS 731.574 (Annual financial statement) , in order to enable the director to determine the sufficiency of the trust fund. The assuming insurer shall submit to the director’s examination of the assuming insurer’s books and records and shall pay to the director the expenses of the examination.

(8) The following requirements apply to the following categories of assuming insurers:

(a) Intentionally left blank —Ed.

(A) For a single assuming insurer, the trust fund must consist of funds in trust in an amount not less than the assuming insurer’s liabilities attributable to reinsurance ceded by United States ceding insurers. In addition, except as provided in subparagraph (B) of this paragraph, the assuming insurer must maintain a trusteed surplus of not less than $20,000,000.

(B) At any time after the assuming insurer permanently discontinues underwriting, for at least three full years, new business that the trust secures, the commissioner that has principal regulatory oversight over the trust may authorize a reduction in the required trusteed surplus, but only after finding based on an assessment of the risk that the new required surplus level is adequate to protect United States ceding insurers, policyholders and claimants in light of reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial review, including an independent analysis of reserves and cash flows, and must consider all material risk factors including, if applicable, the lines of business involved, the stability of the incurred loss estimates and the effect of the surplus requirements on the assuming insurer’s liquidity or solvency. The commissioner may not reduce the amount of the minimum required trusteed surplus below 30 percent of the assuming insurer’s liabilities that are attributable to reinsurance that United States ceding insurers covered by the trust have ceded.

(b) For a group that includes incorporated and individual unincorporated underwriters:

(A) For reinsurance ceded under reinsurance agreements with an inception, amendment or renewal date on or after August 1, 1995, the trust must consist of a trusteed account in an amount not less than the group’s several liabilities attributable to business United States domiciled ceding insurers have ceded to any member of the group.

(B) For reinsurance ceded under reinsurance agreements with an inception date on or before July 31, 1995, and not amended or renewed after that date, notwithstanding the other provisions of ORS 731.509 (Legislative intent) , 731.510 (Criteria for allowing reduction from liability for reinsurance) , 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) , 731.512 (Withdrawal of insurer) and 731.516 (Mortgage insurance limitation) , the trust must consist of a trusteed account in an amount not less than the group’s several insurance and reinsurance liabilities attributable to business written in the United States.

(C) In addition to the trusts described in subparagraphs (A) and (B) of this paragraph, the group shall maintain in trust a trusteed surplus of which $100,000,000 must be held jointly for the benefit of the United States domiciled ceding insurers of any member of the group for all years of account.

(D) The incorporated members of the group may not engage in any business other than underwriting as a member of the group and are subject to the same level of regulation and solvency control by the group’s domiciliary regulator as are the unincorporated members.

(E) Within 90 days after the group’s financial statements are due to be filed with the group’s domiciliary regulator, the group shall provide to the director an annual certification by the group’s domiciliary regulator of the solvency of each underwriter member or, if certification is unavailable, financial statements of each underwriter member of the group prepared by independent certified public accountants.

(c) For the group of incorporated insurers described in this paragraph, the trust must be in an amount equal to the group’s several liabilities attributable to business ceded by United States ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of the group. This paragraph applies to a group of incorporated insurers under common administration that complies with the annual reporting requirements contained in subsection (7) of this section and that has continuously transacted an insurance business outside the United States for at least three years immediately before applying for accreditation. Such a group must have an aggregate policyholders’ surplus of $10,000,000,000 and must submit to the authority of this state to examine the group’s books and records and bear the expense of the examination. The group shall also maintain a joint trusteed surplus of which $100,000,000 must be held jointly for the benefit of United States ceding insurers of any member of the group as additional security for any such liabilities. Each member of the group shall make available to the director an annual certification of the member’s solvency by the member’s domiciliary regulator and the member’s independent certified public accountant.

(d) The form of the trust and any amendment to the trust must be approved by the insurance commissioner of the state in which the trust is domiciled or by the insurance commissioner of another state who, pursuant to the terms of the trust instrument, has accepted principal regulatory oversight of the trust.

(e) The form of the trust and any trust amendments also must be filed with the insurance commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instrument must provide that contested claims are valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust must vest legal title to the trust’s assets in the trust’s trustees for the benefit of the assuming insurer’s United States ceding insurers and the assigns and successors in interest of the ceding insurers. The trust and the assuming insurer are subject to examination as determined by the director. The trust must remain in effect for as long as the assuming insurer has outstanding obligations due under the reinsurance agreements subject to the trust.

(f) Not later than March 1 of each year, the trustees of each trust shall report to the director in writing the balance of the trust, list the trust’s investments at the preceding year end and certify the date of termination of the trust, if a termination is planned, or certify that the trust will not expire prior to the following December 31.

(9) The director shall allow credit if the reinsurance is ceded to an assuming insurer that does not meet the requirements of subsection (4), (5), (6) or (7) of this section or ORS 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) (1) or (4), but only as to the insurance of risks located in jurisdictions in which the reinsurance is required by applicable law or regulation of that jurisdiction.

(10) If the assuming insurer is not licensed, accredited or certified to transact insurance or reinsurance in this state, the director may not allow the credit permitted by subsections (6) and (7) of this section unless the assuming insurer agrees in the reinsurance agreement to the provisions stated in this subsection. This subsection does not conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate the parties’ disputes, if such an obligation is created in the agreement. The assuming insurer must agree in the reinsurance agreement:

(a) That if the assuming insurer fails to perform the assuming insurer’s obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will comply with all requirements necessary to give the court jurisdiction and will abide by the final decision of the court or of any appellate court in the event of an appeal; and

(b) To designate the director or a designated attorney as the assuming insurer’s true and lawful attorney upon whom any lawful process in any action, suit or proceeding instituted by or on behalf of the ceding company may be served.

(11) If the assuming insurer does not meet the requirements of subsection (4), (5) or (6) of this section or ORS 731.511 (Criteria to be met by assuming insurer in order to be accredited as reinsurer) (1) or (4), the director may not allow the credit permitted by subsection (7) of this section unless the assuming insurer agrees in the trust agreements to the following conditions:

(a) Notwithstanding any other provisions in the trust instrument, if the trust fund is inadequate because the trust fund contains an amount less than the applicable amount required by subsection (8)(a), (b) or (c) of this section, or if the grantor of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation or similar proceedings under the laws of the grantor’s state or country of domicile, the trustee shall comply with an order of the insurance commissioner with regulatory oversight over the trust or with an order of a court of competent jurisdiction directing the trustee to transfer to the insurance commissioner with regulatory oversight all the assets of the trust fund.

(b) The assets must be distributed by and claims must be filed with and valued by the insurance commissioner with regulatory oversight in accordance with the laws of the state in which the trust is domiciled that apply to the liquidation of domestic insurance companies.

(c) If the insurance commissioner with regulatory oversight determines that the assets of the trust fund or any part of the assets is not necessary to satisfy the claims of the United States ceding insurers of the grantor of the trust, the insurance commissioner of the state in which the trust is domiciled shall return the assets or part of the assets in accordance with the laws of the state and the terms of the trust agreement that are consistent with the laws of the state.

(d) The grantor shall waive any right otherwise available to the grantor under United States law that is inconsistent with this subsection. [1993 c.447 §65; 1995 c.99 §1; 2001 c.318 §15; 2013 c.698 §§5,35; 2017 c.538 §§23,25; 2019 c.151 §§20,21]

Source: Section 731.509 — Legislative intent; criteria for allowing credit for reinsurance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743b.130 — OR Code / Title 56 / Chapter 743b / Section 743b.130
743B.130 Requirement to offer bronze and silver plans
Status: in_force

(1) In each individual or small group market, in which a carrier offers a health benefit plan through or outside of the health insurance exchange described in ORS 741.310 (Requirements for purchase of insurance through exchange and for participation of insurers in exchange) , the carrier must offer to residents of this state bronze and silver plans meeting the requirements of subsection (2) of this section and, if offered through the health insurance exchange, certified by the Oregon Health Authority as qualified health plans.

(2) The department shall prescribe by rule, in accordance with federal requirements, the form, level of coverage and benefit design for the bronze and silver plans that must be offered under subsection (1) of this section.

(3) As used in this section, “health benefit plan” has the meaning given that term in ORS 743B.005 (Definitions) . [Formerly 743.822; 2019 c.285 §9; 2021 c.569 §38]

Note: 743B.130 (Requirement to offer bronze and silver plans) 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.130 — Requirement to offer bronze and silver plans; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).
ORS § 734.063 — OR Code / Title 56 / Chapter 734 / Section 734.063
734.063 Court order
Status: in_force

(1) Upon petition by the Director of the Department of Consumer and Business Services under ORS 734.059 (Request for court order) , the court may issue the requested order immediately, ex parte and without hearing. The court in its order shall specify the duration of the order. The duration of an order shall be a period sufficient to enable the director to ascertain the condition of the insurer.

(2) On motion of the director or the insurer against whom an order under this section is issued, or on the court’s own motion, the court may hold such hearings from time to time as the court determines are desirable, after such notice as it determines appropriate, and may extend, shorten or modify the terms of the order.

(3) The court may vacate an order issued under this section if the court determines that the director has not commenced a rehabilitation or liquidation proceeding within a reasonable time.

(4) An order of the court directing a rehabilitation or liquidation proceeding vacates the order issued under this section.

(5) Entry of a seizure order under this section does not constitute an anticipatory breach of any contract of the insurer.

(6) At any time after a court issues an order under this section, the court may direct that notice of the order be given to a person if the court determines both of the following:

(a) That the person was not notified of the hearing on the order and did not appear at the hearing.

(b) That the interest of the person is or will be substantially affected by the order. [1989 c.425 §11]

Source: Section 734.063 — Court order; hearings; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 744.084 — OR Code / Title 56 / Chapter 744 / Section 744.084
744.084 Certificate of deposit in lieu of trust account
Status: in_force

(1) In lieu of the trust account required by ORS 744.083 (Trust account for premium funds) , a resident insurance producer may keep a certificate of deposit from an institution insured by the federal government or an instrumentality thereof if the resident insurance producer has an average monthly balance of premium funds received and held for the last 12 months of at least $2 million. A resident insurance producer who keeps a certificate of deposit shall have satisfactory evidence of the certificate available at all times for inspection by the Director of the Department of Consumer and Business Services.

(2) A certificate of deposit authorized under subsection (1) of this section shall be for an amount at least equal to the average monthly balance of premium funds received and held by the resident insurance producer for the last 12 months. Nothing in this subsection requires that the required amount of the certificate of deposit be calculated, or the amount changed, more often than once a month.

(3) The director may adopt rules specifying what constitutes satisfactory evidence for purposes of subsection (1) of this section.

(4) Authorization to use a certificate of deposit may be revoked by the director at any time upon a determination that the resident insurance producer has failed to comply with the provisions of this section or rules adopted under subsection (3) of this section. Upon revocation, the resident insurance producer shall comply immediately with the provisions of ORS 744.083 (Trust account for premium funds) . [Formerly 744.227; 2003 c.364 §23]

Source: Section 744.084 — Certificate of deposit in lieu of trust account; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 737.245 — OR Code / Title 56 / Chapter 737 / Section 737.245
737.245 Collusive ratings prohibited
Status: in_force

In the event any insurer shall in collusion with any other insurer conspire to fix, set or adhere to insurance rates except as expressly sanctioned by the Insurance Code, such insurer shall be liable to any person damaged thereby for an amount equal to three times the amount of such damage together with the damaged party’s attorney fees. [1969 c.690 §13]

Source: Section 737.245 — Collusive ratings prohibited; liability for damages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 731.735 — OR Code / Title 56 / Chapter 731 / Section 731.735
731.735 Certain information confidential
Status: in_force

All financial analysis ratios and examination synopses concerning insurers that are submitted to the Director of the Department of Consumer and Business Services by the Insurance Regulatory Information System of the National Association of Insurance Commissioners are confidential as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) . [1993 c.447 §102; 2001 c.377 §6]

Source: Section 731.735 — Certain information confidential , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.356 — OR Code / Title 56 / Chapter 742 / Section 742.356
742.356 Surety insurer may take measures to reduce risk of loss
Status: in_force

(1) Any surety insurer may contract for and receive and hold on deposit and in trust property of any kind as collateral security on any policy of guaranty or suretyship executed by it. The insurer may manage, realize on and dispose of the property so received and held on deposit as may be agreed to between it and the person making the deposit.

(2) Any receiver, assignee, guardian, conservator, trustee, executor, administrator or other fiduciary or party from whom a policy of guaranty or suretyship is by law required or permitted may agree and arrange with the surety insurer for the deposit for safekeeping of any or all moneys, assets and other property for which the person is or may be responsible in a bank, savings bank, safe deposit or trust company authorized by law to do business as such, in such manner as to prevent the withdrawal or alienation of such money, assets or other property, or any part thereof, without the written consent of the surety insurer or an order of a court of competent jurisdiction or a judge thereof made on such notice to the surety insurer as the court or judge may direct.

(3) Generally, it shall be lawful for a surety insurer to enter into any contract of indemnity or security with any person if such contract is not otherwise prohibited by law or against public policy. [Formerly 747.130 and then 743.741]

Source: Section 742.356 — Surety insurer may take measures to reduce risk of loss , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 735.425 — OR Code / Title 56 / Chapter 735 / Section 735.425
735.425 Filing by licensee after placement of surplus lines insurance
Status: in_force

(1) Within 90 days after the placing of any surplus lines insurance in this state on an Oregon home state risk, each surplus lines licensee shall file with the Director of the Department of Consumer and Business Services:

(a) A statement signed by the licensee regarding the insurance, which shall be kept confidential as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) , including the following:

(A) The name and address of the insured;

(B) The identity of the insurer or insurers;

(C) A description of the subject and location of the risk;

(D) The amount of premium charged for the insurance; and

(E) Such other pertinent information as the director may reasonably require.

(b) A statement on a standardized form furnished by the director, as to the diligent efforts by the producing insurance producer to place the coverage with admitted insurers and the results thereof. The statement shall be signed by the producing insurance producer and shall affirm that the insured was expressly advised prior to placement of the insurance that:

(A) The surplus lines insurer with whom the insurance was to be placed is not licensed in this state and is not subject to its supervision; and

(B) In the event of the insolvency of the surplus lines insurer, losses will not be paid by the state insurance guaranty fund.

(2) A surplus lines licensee placing nonadmitted insurance in this state for an exempt commercial purchaser satisfies the requirements of subsection (1)(b) of this section if the surplus lines licensee provides proof of compliance with ORS 735.410 (Conditions for procuring insurance through nonadmitted insurer) (2).

(3) The director may direct that filings required under subsection (1) of this section be made to the Surplus Line Association of Oregon. The director may also require that such filings be made electronically but may exempt a licensee from the requirement for good cause shown.

(4) A nonresident surplus lines licensee who places a surplus lines policy on an Oregon home state risk shall satisfy the requirements in ORS 735.410 (Conditions for procuring insurance through nonadmitted insurer) and the filing requirements in subsections (1) and (2) of this section.

(5) Facsimile signatures and electronic signatures subject to ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) are acceptable and have the same force as original signatures. [1987 c.774 §122; 1993 c.182 §1; 2001 c.377 §§13,13a; 2003 c.364 §39; 2005 c.185 §12; 2011 c.660 §11]

Source: Section 735.425 — Filing by licensee after placement of surplus lines insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 734.300 — OR Code / Title 56 / Chapter 734 / Section 734.300
734.300 Priority of special deposit claims
Status: in_force

The owners of special deposit claims against an insurer for which a receiver is appointed in this or any other state shall be given priority against their several special deposits in accordance with the provisions of the statutes governing the creation and maintenance of such deposits. If there is a deficiency in any such deposit so that claims secured thereby are not fully discharged therefrom, the claimants may share in the general assets, but such sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit. [1967 c.359 §284]

Source: Section 734.300 — Priority of special deposit claims , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 731.628 — OR Code / Title 56 / Chapter 731 / Section 731.628
731.628 Deposit required of workers’ compensation insurers
Status: in_force

(1) In addition to any other requirement therefor under the Insurance Code, each insurer other than the State Accident Insurance Fund Corporation that issues workers’ compensation insurance policies to employers under ORS chapter 656 shall deposit with the Department of Consumer and Business Services an amount that is the greater of the following amounts:

(a) $100,000.

(b) An amount equal to the sum described in this paragraph less credits for approved reinsurance that the insurer may take under subsection (2) of this section. The sum under this paragraph is the sum of the following, computed as of December 31 next preceding in respect to workers’ compensation insurance policies written subject to ORS chapter 656:

(A) The aggregate of the present values at four percent interest of the determined and estimated future loss and loss-expense payments upon claims incurred more than three years next preceding the date of computation.

(B) The aggregate of the amounts computed under this subparagraph for each of the three years next preceding the date of computation. The amount for each year shall be 65 percent of the earned premiums for the year less all loss and loss-expense payments made upon claims incurred in the corresponding year, except that the amount for any year shall not be less than the present value at four percent interest of the determined and estimated future loss and loss-expense payments upon claims incurred in that year.

(2) Before an insurer may take a credit for reinsurance under subsection (1)(b) of this section, the reinsurer must deposit with the department an amount equal to the credit to be taken.

(3) An insurer may be allowed the credit referred to in subsection (1)(b) of this section only when the reinsurer has deposited with the department an amount equal to the credit. [1967 c.359 §118; 1971 c.231 §13; 1979 c.870 §4; 1981 c.854 §58; 1987 c.483 §5; 1989 c.700 §3; 1999 c.196 §4; 2007 c.241 §27]

Source: Section 731.628 — Deposit required of workers’ compensation insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.362 — OR Code / Title 56 / Chapter 742 / Section 742.362
742.362 Release of surety on depository bond
Status: in_force

(1) A surety wishing to terminate the liability undertaken upon any bank depository bond or undertaking given to guarantee the safekeeping and return of any public moneys deposited in the bank may do so by giving notice of election so to do to the principal and to the official whose duty it is to approve such bond or undertaking. A surety is released from any future liability upon any such depository bond or undertaking at the expiration of 30 days after the giving of such notice.

(2) Where the form of depository bond or undertaking given to protect any public moneys is prescribed by statute or regulation the right to cancel such bond or undertaking shall be expressed in such bonds or undertakings by adding a paragraph to the prescribed form in substantially the following form: “The above-named surety shall have the right to terminate any future liability hereunder by serving written notice of election so to do upon the principal and (here insert the official title of the state or county treasurer, or other officials whose duty it is to approve such bond), and thereupon the said surety shall be discharged from any future liability hereunder for any default of the said principal occurring after the expiration of 30 days from and after the service of such notice.” The purpose of such cancellation privilege is to afford the surety a means of obtaining definite release from its liability.

(3) Any official or officials whose duty it is to approve any bank depository bond given to protect the deposits of any official moneys, on the official’s own motion or upon written request from any bank in whose behalf such a bond is issued, may terminate the future liability on the bond by giving notice to the surety of elections so to do. Thereupon the surety shall be discharged from any future liability upon any such depository bond for any default of the principal occurring after the expiration of 30 days from and after the service of such notice. [Formerly 743.750]

Source: Section 742.362 — Release of surety on depository bond; provision required in such bonds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 743.039 — OR Code / Title 56 / Chapter 743 / Section 743.039
743.039 Alteration of application for life or health insurance
Status: in_force

(1) An application for a life insurance policy may not provide for alterations by any person other than the applicant in either the application or the policy to be issued thereon with respect to the amount of insurance, classification of risk, plan of insurance or the benefits unless the application contains a statement that no such changes are effective until approved in writing by the applicant.

(2) No alteration of any written application for any health insurance policy shall be made by any person other than the applicant without the written consent of the applicant, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant. [1967 c.359 §346]

Source: Section 743.039 — Alteration of application for life or health insurance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 742.360 — OR Code / Title 56 / Chapter 742 / Section 742.360
742.360 Release of surety on bond of public official by action of surety
Status: in_force

(1) The surety or sureties on the bond of any public official in this state shall be released from any future liability thereon upon giving notice of election to be released as provided in this section.

(2) A surety desiring to be released from liability on the bond of any state officer may file with the Governor or Secretary of State 30 days before the surety desires the release to take effect, a notice in writing, duly subscribed by the surety or someone in behalf of the surety, setting forth the name and office of the person for whom the surety is surety, the amount for which the surety is liable as such, and the desire of the surety to be released from further liability on account thereof. A duplicate of such notice shall also be served personally on the officer unless the officer has left this state, in which case it may be served by publication for 20 days in some newspaper printed at the seat of government, or if none is printed there, then in such newspaper as shall be designated by the Governor or Secretary of State.

(3) A surety desiring to be released from liability on the bond of any county officer may file and serve a similar notice. The notice, except when it concerns the county clerk personally, shall be filed with the county clerk. When the county clerk is personally concerned the notice shall be filed with the county treasurer.

(4) A surety desiring to be released from liability on the bond of any city officer may file and serve a similar notice with the city clerk or mayor.

(5) A surety desiring to be released from any other official bond or undertaking shall file and serve a similar notice with the officer, person or authority whose duty it is to approve such bonds.

(6) A notice which under this section may be served by publication may be published in a newspaper in the same county or, if no newspaper is published therein, then in an adjoining or other county, without any order from any court or other authority. In all cases for which publication is provided, a printed or written notice posted in at least three conspicuous places in the county for the time specified shall be deemed legal notice thereof. [Formerly 747.150 and then 743.747]

Source: Section 742.360 — Release of surety on bond of public official by action of surety , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 731.462 — OR Code / Title 56 / Chapter 731 / Section 731.462
731.462 Nonassessable policies of reciprocal insurer
Status: in_force

A reciprocal insurer having a surplus of not less than $500,000 may issue nonassessable policies. [1967 c.359 §100]

Source: Section 731.462 — Nonassessable policies of reciprocal insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.496 — OR Code / Title 56 / Chapter 742 / Section 742.496
742.496 Limitation on qualification for discount
Status: in_force

No person shall receive a discount under ORS 742.490 (Premium reduction) to 742.494 (Certification of completion of course) if the person takes the approved course as a punishment, specified by a court or other government entity, for a moving traffic violation. [1989 c.379 §6]

Source: Section 742.496 — Limitation on qualification for discount , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 746.140 — OR Code / Title 56 / Chapter 746 / Section 746.140
746.140 Sale of life insurance with securities
Status: in_force

(1) Every insurer or insurance producer soliciting an offer to buy or selling life insurance in correlation with the sale of securities shall furnish the prospect with a clear and unambiguous written proposal prior to the signing of the application by the applicant.

(2) The written proposal shall be dated and signed by the insurance producer, or by the insurer if no insurance producer is involved, and left with the prospect. The written proposal shall be on a form which has been filed with the Director of the Department of Consumer and Business Services. If a sale is made of both life insurance and securities, a duplicate copy of the written proposal left with the buyer shall be retained by the insurer for a period of not less than three years.

(3) Each such proposal shall:

(a) State the name of the insurer in which the life insurance is to be written;

(b) State that the prospect has the right to purchase the life insurance only, the securities only or both the life insurance and the securities;

(c) Contain no misrepresentations or false, deceptive or misleading words, figures or statements;

(d) State all material facts without which the proposal would have the capacity or tendency to mislead or deceive; and

(e) Set forth all matters pertaining to life insurance, including premium charges, separately from matters not pertaining to life insurance.

(4) This section shall not be construed to affect the application of any other provision of law concerning or regulating securities. [Formerly 739.562; 2003 c.364 §139]

Source: Section 746.140 — Sale of life insurance with securities; written proposal; application of securities law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 744.722 — OR Code / Title 56 / Chapter 744 / Section 744.722
744.722 Relationship of insurer and third party administrator regarding payments
Status: in_force

(1) When an insurer uses the services of a third party administrator:

(a) Payment to the third party administrator of any premiums or charges for insurance by or on behalf of the insured party shall be considered to have been received by the insurer.

(b) Payment of return premiums or claim payments forwarded by the insurer to the third party administrator shall not be considered to have been paid to the insured party or claimant until the payment is received by the insured party or claimant.

(2) Nothing in this section limits any right of the insurer against the third party administrator resulting from failure by the third party administrator to make payments to the insurer, insured parties or claimants. [1991 c.812 §13]

Source: Section 744.722 — Relationship of insurer and third party administrator regarding payments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743a.018 — OR Code / Title 56 / Chapter 743a / Section 743a.018
743A.018 Services provided by osteopathic physician
Status: in_force

(1) As used in this section:

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

(b) “Osteopathic physician” means a person who holds a degree of Doctor of Osteopathic Medicine and is licensed under ORS 677.100 (Qualifications of applicant for license) to 677.228 (Automatic lapse of license for failure to pay registration fee or report change of location) .

(2) An insurer that offers a health benefit plan that reimburses the cost of an osteopathic manipulative treatment provided by an osteopathic physician shall reimburse the cost of the evaluation conducted by the osteopathic physician that resulted in the osteopathic manipulative treatment.

(3) An insurer may not deny reimbursement for an osteopathic manipulative treatment or an evaluation described in subsection (2) of this section on the basis that the evaluation is conducted on the same date that the osteopathic manipulative treatment is provided. [2018 c.31 §2]

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

Note: 743A.018 (Services provided by osteopathic physician) 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.018 — Services provided by osteopathic physician , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743A.­html (accessed May 26, 2025).
ORS § 746.645 — OR Code / Title 56 / Chapter 746 / Section 746.645
746.645 Correction, amendment or deletion of recorded personal information
Status: in_force

(1) Within 30 business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information about the individual within its possession, an insurer, insurance producer or insurance-support organization shall either:

(a) Correct, amend or delete the portion of the recorded personal information in dispute; or

(b) Notify the individual of:

(A) Its refusal to make the correction, amendment or deletion;

(B) The reasons for the refusal; and

(C) The individual’s right to file a statement as provided in subsection (3) of this section.

(2) If the insurer, insurance producer or insurance-support organization corrects, amends or deletes recorded personal information in accordance with subsection (1) of this section, the insurer, insurance producer or insurance-support organization shall so notify the individual in writing and furnish the correction, amendment or fact of deletion to:

(a) Each person specifically designated by the individual who may have, within the preceding two years, received the recorded personal information;

(b) Each insurance-support organization whose primary source of personal information is insurers, if the insurance-support organization has systematically received recorded personal information from the insurer within the preceding seven years. However, the correction, amendment or fact of deletion need not be furnished if the insurance-support organization no longer maintains recorded personal information about the individual; and

(c) Each insurance-support organization that furnished the recorded personal information that has been corrected, amended or deleted.

(3) Whenever an individual disagrees with an insurer’s, insurance producer’s or insurance-support organization’s refusal to correct, amend or delete recorded personal information, the individual shall be permitted to file with the insurer, insurance producer or insurance-support organization:

(a) A concise statement setting forth what the individual thinks is the correct, relevant or fair information; and

(b) A concise statement of the reasons why the individual disagrees with the insurer’s, insurance producer’s or insurance-support organization’s refusal to correct, amend or delete recorded personal information.

(4) In the event an individual files either or both of the statements described in subsection (3) of this section, the insurer, insurance producer or insurance-support organization shall:

(a) File the statements with the disputed personal information and provide a means by which anyone reviewing the disputed personal information will be made aware of the individual’s statements and have access to them;

(b) In any subsequent disclosure by the insurer, insurance producer or insurance-support organization of the recorded personal information that is the subject of the disagreement, clearly identify the matter or matters in dispute and provide the individual’s statements along with the recorded personal information being disclosed; and

(c) Furnish the statements to the persons and in the manner specified in subsection (2) of this section.

(5) The rights granted to individuals by this section shall extend to all natural persons to the extent information about them is collected and maintained by an insurer, insurance producer or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection shall not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or a civil or criminal proceeding involving them.

(6) For purposes of this section, the term “insurance-support organization” does not include “consumer reporting agency.” [1981 c.649 §11; 2003 c.364 §160]

Source: Section 746.645 — Correction, amendment or deletion of recorded personal information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 743.273 — OR Code / Title 56 / Chapter 743 / Section 743.273
743.273 Standard provisions of reversionary annuities
Status: in_force

A policy of reversionary annuity shall contain in substance the following provisions:

(1) The provisions specified in ORS 743.255 (Grace period for annuities) to 743.267 (Dividends) , except that under ORS 743.255 (Grace period for annuities) the insurer may at its option provide for an equitable reduction of the amount of the annuity payments in settlement of an overdue payment in lieu of providing for deduction of the overdue payment from an amount payable upon settlement under the policy.

(2) A provision that the policy may be reinstated at any time within three years from the date of default in making stipulated payments to the insurer, upon production of evidence of insurability satisfactory to the insurer, and upon the condition that all overdue payments and any indebtedness to the insurer on account of the policy be paid or reinstated with interest at the rate specified in the policy but not exceeding six percent per annum. [1967 c.359 §411]

Source: Section 743.273 — Standard provisions of reversionary annuities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 735.250 — OR Code / Title 56 / Chapter 735 / Section 735.250
735.250 Exemption from liability
Status: in_force

There shall be no liability or cause of action against any member insurer, self-insurer, or its agents or employees, the joint underwriting association or its agents or employees, members of the board of directors, the Department of Consumer and Business Services or its representatives for any action taken by or statement made by them in performance of their powers and duties under ORS 735.210 (Formation of market assistance plans) to 735.260 (Rules) . [1987 c.774 §83]

Source: Section 735.250 — Exemption from liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 737.310 — OR Code / Title 56 / Chapter 737 / Section 737.310
737.310 Method of rate making
Status: in_force

The following standards shall apply to the making and use of rates:

(1) Rates shall not be excessive, inadequate or unfairly discriminatory.

(2) As to all classes of insurance, other than workers’ compensation and title insurance:

(a) No rate shall be held to be excessive unless:

(A) Such rate is unreasonably high for the insurance provided; and

(B) A reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable.

(b) No rate shall be held inadequate unless such rate is unreasonably low for the insurance provided and:

(A) Use or continued use of such rate endangers the solvency of the insurer; or

(B) The use of such rate by the insurer has, or if continued will have, the effect of destroying competition or creating a monopoly.

(3) Rates for each classification of coverage shall be based on the claims experience of insurers within Oregon on that classification of coverage unless that experience provides an insufficient base for actuarially sound rates.

(4) Due consideration shall be given to past and prospective loss experience within this state, to the hazards of conflagration and catastrophe, to a reasonable margin for profit and to contingencies, to dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers, to past and prospective expenses specially applicable to this state, and to all other relevant factors, including judgment factors deemed relevant, within this state.

(5) In addition to subsection (4) of this section, rates for home protection insurance may include provision for unreimbursed costs of risk inspection and for loss costs under policies which are terminated without premium because the related home sale is not made.

(6) In the case of fire insurance rates, consideration may be given to the experience of the fire insurance business during the most recent five-year period for which such experience is available.

(7) The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of any such insurer or group of insurers with respect to any class of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expenses are applicable.

(8) Risks may be grouped by classifications for the establishment of rates and minimum premiums. Classification rates for casualty, surety or inland marine risks may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions or both. Such standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses.

(9) Due consideration shall be given, in the making and use of rates for all insurance, to investment income earned by the insurer, to insurer profits and to accumulated reserves for vocational rehabilitation services and for claim costs related to orders or awards made pursuant to ORS 656.278 (Board has continuing authority to alter earlier action on claim) .

(10) The Director of the Department of Consumer and Business Services, by rule, shall prescribe the conditions under which a division of payroll between different manual classifications is permitted for purposes of computing workers’ compensation premiums.

(11) Intentionally left blank —Ed.

(a) The director shall not approve any workers’ compensation rating system that does not include a plan for rewarding employers, however small, that have good loss experience or programs likely to improve accident prevention. However, this paragraph is not intended to require that all employers be experience rated.

(b) The director shall not approve any workers’ compensation rating system that does not allow the insurer to include potential third party recovery as one of the variables in the claims reserving process.

(12) At the time an insurer issues a workers’ compensation insurance policy to an insured for the first time, the insurer shall give written notice to the insured of the rating classifications to which the insured’s employees are to be assigned and shall provide an adequate description of work activities in each classification. In the event an insurer recommences coverage following its termination, the notice required under this subsection must be given only if the gap in coverage exceeds six months.

(13) If an insurer determines the workers’ compensation insurance policy of an insured needs reclassification, the insurer:

(a) May bill an additional premium for the revised classification after the insurer has provided the insured at least 60 days’ written notice of the reclassification.

(b) Shall bill retroactively to policy inception or date of change in insured’s operations for any reclassification that results in a net reduction of premium.

(c) May, notwithstanding paragraph (a) of this subsection, retroactively bill an insured for reclassification during the policy year without prior notice of reclassification if the insurer shows by a preponderance of the evidence that:

(A) The insured knew that the employees were misclassified, or the insured was adequately informed by the insurer of the proper classification for the insured’s employees;

(B) The insured provided improper or inaccurate information concerning its operations; or

(C) The insured’s operations changed after the date information on the employees was obtained from the insured.

(14) In consultation with system participants, the director shall analyze the rating classification system to investigate changes that simplify the system and reduce costs for employers and insurers while preserving rate equity and minimizing the potential for abuse. The director shall give particular emphasis to the method of allocating payroll to rating classifications and to alternatives to methods that require verifiable payroll records. Upon completion of this analysis, the director shall implement appropriate changes to the system.

(15) The director shall adopt rules to carry out the provisions of this section and may by rule specify procedures relating to rating and ratemaking by workers’ compensation insurers.

(16) A rate increase based solely upon an insured’s attaining or exceeding 65 years of age shall be presumed to be unfairly discriminatory unless the increase is clearly based on sound actuarial principles or is related to actual or reasonably anticipated experience.

(17) An insurer offering homeowner insurance, as defined in ORS 746.600 (Definitions for ORS 746.600 to 746.690) , in this state shall:

(a) Make information on whether and how wildfire risk mitigation actions, as defined in ORS 742.277 (Notice of cancellation, nonrenewal or rate change related to wildfire risk) , may impact the insurer’s underwriting and rates publicly available on the insurer’s website.

(b) Reflect in the insurer’s underwriting guidelines and rate plans how the insurer addresses or considers wildfire risk mitigation actions, as defined in ORS 742.277 (Notice of cancellation, nonrenewal or rate change related to wildfire risk) . [Amended by 1967 c.359 §307; 1969 c.690 §3; 1981 c.247 §15; 1981 c.535 §19; 1981 c.874 §19; 1983 c.360 §1; 1987 c.676 §1; 1987 c.774 §146; 1987 c.884 §52; 1991 c.768 §1; 1997 c.766 §1; 1997 c.768 §1; 2023 c.67 §2]

Source: Section 737.310 — Method of rate making; factors considered; effect of wildfire risk mitigation actions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html (accessed May 26, 2025).
ORS § 743.489 — OR Code / Title 56 / Chapter 743 / Section 743.489
743.489 Extension of coverage beyond policy period
Status: in_force

If any health insurance policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after such date, the coverage provided by the policy shall continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective, or would have ceased prior to the acceptance of such premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy. [Formerly 741.170]

Source: Section 743.489 — Extension of coverage beyond policy period; effect of misstatement of age , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 735.255 — OR Code / Title 56 / Chapter 735 / Section 735.255
735.255 State not liable to pay debts of association
Status: in_force

The state is not liable to pay any debts or obligations of any association formed under ORS 735.220 (Formation of joint underwriting association) and no person may assert any claim against the state or any of its agencies for any act or omission of the association. [1987 c.774 §84]

Source: Section 735.255 — State not liable to pay debts of association , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 735.534 — OR Code / Title 56 / Chapter 735 / Section 735.534
735.534 Claim reimbursement
Status: in_force

(1) As used in this section:

(a) Intentionally left blank —Ed.

(A) “Generally available for purchase” means a drug is available for purchase in this state by a pharmacy from a national or regional wholesaler at the time a claim for reimbursement is submitted by a network pharmacy.

(B) A drug is not “generally available for purchase” if the drug:

(i) May be dispensed only in a hospital or inpatient care facility;

(ii) Is unavailable due to a shortage of the product or an ingredient;

(iii) Is available to a pharmacy at a price that is at or below the maximum allowable cost only if purchased in substantial quantities that are inconsistent with the business needs of a pharmacy;

(iv) Is sold at a discount due to a short expiration date on the drug; or

(v) Is the subject of an active or pending recall.

(b) “List” means the list of drugs for which maximum allowable costs have been established.

(c) “Maximum allowable cost” means the maximum amount that a pharmacy benefit manager will reimburse a pharmacy for the cost of a drug.

(d) “Multiple source drug” means a therapeutically equivalent drug that is available from at least two manufacturers.

(e) “Therapeutically equivalent” has the meaning given that term in ORS 689.515 (Regulation of generic drugs) .

(2) A pharmacy benefit manager registered under ORS 735.532 (Registration of pharmacy benefit managers) :

(a) May not place a drug on a list unless there are at least two multiple source drugs, or at least one generic drug generally available for purchase.

(b) Shall ensure that all drugs on a list are generally available for purchase.

(c) Shall ensure that no drug on a list is obsolete.

(d) Shall make available to each network pharmacy at the beginning of the term of a contract, and upon renewal of a contract, the specific authoritative industry sources, other than proprietary sources, the pharmacy benefit manager uses to determine the maximum allowable cost set by the pharmacy benefit manager.

(e) Shall make a list available to a network pharmacy upon request in a format that:

(A) Is electronic;

(B) Is computer accessible and searchable;

(C) Identifies all drugs for which maximum allowable costs have been established; and

(D) For each drug specifies:

(i) The national drug code; and

(ii) The maximum allowable cost.

(f) Shall update each list maintained by the pharmacy benefit manager every seven business days and make the updated lists, including all changes in the price of drugs, available to network pharmacies in the format described in paragraph (e) of this subsection.

(g) Shall ensure that dispensing fees are not included in the calculation of maximum allowable cost.

(h) May not reimburse a 340B pharmacy differently than any other network pharmacy based on its status as a 340B pharmacy.

(i) May not retroactively deny or reduce payment on a claim for reimbursement of the cost of services after the claim has been adjudicated by the pharmacy benefit manager unless the:

(A) Adjudicated claim was submitted fraudulently;

(B) Pharmacy benefit manager’s payment on the adjudicated claim was incorrect because the pharmacy had already been paid for the services;

(C) Services were improperly rendered by the pharmacy;

(D) Pharmacy agrees to the denial or reduction prior to the pharmacy benefit manager notifying the pharmacy that the claim has been denied or reduced; or

(E) The payment was incorrect due to an error that the pharmacy and pharmacy benefit manager agree was a clerical error.

(j) May not impose a fee on a pharmacy after the point of sale.

(k) Shall provide notice to a pharmacy of any claim for reimbursement of the cost of a prescription drug that is denied or reduced. The notice shall identify the specific disaggregated claim that was denied or reduced and a detailed explanation for why the specific claim was denied or reduced.

(3) Subsection (2)(i) of this section may not be construed to limit pharmacy claim audits under ORS 735.540 (Definitions for ORS 735.540 to 735.552) to 735.552 (Pharmacy claims audits) .

(4) A pharmacy benefit manager must establish a process by which a network pharmacy may appeal its reimbursement for a drug subject to maximum allowable cost pricing. A network pharmacy may appeal a maximum allowable cost if the reimbursement for the drug is less than the net amount that the network pharmacy paid to the supplier of the drug. The process must allow a network pharmacy a period of no less than 60 days after a claim is reimbursed in which to file the appeal. An appeal requested under this section must be completed within 30 calendar days of the pharmacy making the claim for which appeal has been requested.

(5) A pharmacy benefit manager shall allow a network pharmacy to submit the documentation in support of its appeal on paper or electronically and may not:

(a) Refuse to accept an appeal submitted by a person authorized to act on behalf of the network pharmacy;

(b) Refuse to adjudicate an appeal for the reason that the appeal is submitted along with other claims that are denied; or

(c) Impose requirements or establish procedures that have the effect of unduly obstructing or delaying an appeal.

(6) A pharmacy benefit manager must provide as part of the appeals process established under subsection (4) of this section:

(a) A telephone number at which a network pharmacy may contact the pharmacy benefit manager and speak with an individual who is responsible for processing appeals;

(b) A final response to an appeal of a maximum allowable cost within seven business days; and

(c) If the appeal is denied, the reason for the denial and the national drug code of a drug that may be purchased by similarly situated pharmacies at a price that is equal to or less than the maximum allowable cost.

(7) Intentionally left blank —Ed.

(a) If an appeal is upheld under this section, the pharmacy benefit manager shall:

(A) Make an adjustment for the pharmacy that requested the appeal from the date of initial adjudication forward; and

(B) Allow the pharmacy to reverse the claim and resubmit an adjusted claim without any additional charges.

(b) If the request for an adjustment has come from a critical access pharmacy, as defined by the Oregon Health Authority by rule for purposes related to the Oregon Prescription Drug Program, the adjustment approved under paragraph (a) of this subsection shall apply only to critical access pharmacies.

(8) This section does not apply to the state medical assistance program.

(9) The Department of Consumer and Business Services may adopt rules to carry out the provisions of this section. [2013 c.570 §11; 2013 c.570 §13; 2019 c.526 §4; 2023 c.509 §1]

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

Source: Section 735.534 — Claim reimbursement; maximum allowable costs; documentation; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 746.625 — OR Code / Title 56 / Chapter 746 / Section 746.625
746.625 Marketing and research surveys
Status: in_force

An insurer or insurance producer shall clearly identify those questions that are designed to obtain personal information solely for marketing or research purposes from an individual in connection with an insurance transaction. [1981 c.649 §7; 2003 c.87 §11; 2003 c.364 §156]

Source: Section 746.625 — Marketing and research surveys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 748.171 — OR Code / Title 56 / Chapter 748 / Section 748.171
748.171 Certificate of authority
Status: in_force

(1) A fraternal benefit society must obtain and maintain a certificate of authority in the manner provided for insurers in the Insurance Code.

(2) A certified copy or duplicate of the certificate of authority shall be prima facie evidence that the holder thereof is a fraternal benefit society within the meaning of this chapter. [1987 c.490 §28; 1989 c.413 §19; 1991 c.182 §10]

Source: Section 748.171 — Certificate of authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors748.­html (accessed May 26, 2025).
ORS § 731.511 — OR Code / Title 56 / Chapter 731 / Section 731.511
731.511 Criteria to be met by assuming insurer in order to be accredited as reinsurer
Status: in_force

(1) For purposes of allowing credit to a ceding domestic insurer under ORS 731.509 (Legislative intent) if the reinsurance is ceded to an assuming insurer that is accredited as a reinsurer in this state, an insurer may be accredited as a reinsurer in this state if the insurer:

(a) Files and maintains with the Director of the Department of Consumer and Business Services evidence of the insurer’s submission to the jurisdiction of this state;

(b) Submits to the authority of the director to examine the insurer’s books and records;

(c) Is authorized or licensed to transact insurance or reinsurance in at least one state or, in the case of a United States branch of an alien assuming insurer, is entered through and authorized or licensed to transact insurance or reinsurance in at least one state;

(d) Files annually with the director a copy of the insurer’s annual statement filed with the insurance department of the insurer’s state of domicile and a copy of the insurer’s most recent audited financial statement; and

(e) Satisfies either of the following requirements:

(A) Maintains combined capital and surplus in an amount that is not less than $20,000,000. An application for accreditation by an insurer who maintains the amount of combined capital and surplus specified in this subparagraph is approved if the application is not disapproved on or before the 90th day after the application is complete and is filed with the director.

(B) Maintains combined capital and surplus in an amount less than $20,000,000. An insurer applying for accreditation that maintains the amount of combined capital and surplus specified in this subparagraph is not accredited until the director approves the application for accreditation.

(2) An insurer that is accredited as a reinsurer in this state may accept reinsurance only of those risks and retain the risk of the reinsurance within such limits as the accredited reinsurer is otherwise authorized to insure directly in a state in which the accredited reinsurer is authorized or licensed to transact insurance.

(3) The director may revoke the accreditation of an assuming insurer if the director determines that the assuming insurer has failed to continue to meet any of the requirements of subsection (1) of this section.

(4) Intentionally left blank —Ed.

(a) The director shall allow credit if the reinsurance is ceded to an assuming insurer that the director certifies has:

(A) Maintained a minimum amount of capital and a surplus, or the equivalent, in an amount the director specifies by rule;

(B) Maintained a financial strength rating from two or more rating agencies that the director by rule deems acceptable for this purpose;

(C) Agreed to submit to the jurisdiction of the state, to appoint the director as the assuming insurer’s agent for the service of process in this state and to provide security for 100 percent of the assuming insurer’s liabilities that are attributable to reinsurance that ceding insurers have ceded, if the assuming insurer resists enforcement of a United States judgment;

(D) Agreed to meet applicable information filing requirements that the director specifies by rule;

(E) Included a covenant in the language of any trust the assuming insurer maintains to secure the assuming insurer’s obligations under ORS 731.509 (Legislative intent) (8), and in the language of an agreement between the assuming insurer and the commissioner with principal regulatory authority over the assuming insurer, that requires the assuming insurer to fund out of the remaining surplus of the trust any deficiency in a trust account that terminates; and

(F) Satisfied any other requirements that the director specifies for certification.

(b) The director may accredit an association as a reinsurer, including an incorporated underwriter or individual unincorporated underwriters, if the association, the incorporated underwriter or the individual unincorporated underwriter, as appropriate, meets the requirements set forth in paragraph (a) of this subsection and, in addition:

(A) Satisfies minimum capital and surplus requirements by means of the capital and surplus equivalents, net of liabilities, of the association and the association’s members, which must include a joint central fund with an amount that the director determines is adequate to satisfy any unsatisfied obligation of the association or a member of the association;

(B) Does not engage, as an incorporated member of the association, in any business other than underwriting and is subject to the same level of regulation and solvency control as the association’s unincorporated members are under the association’s domiciliary regulator; and

(C) Provides to the director each year, within 90 days after the association must file financial statements with the association’s domiciliary regulator, a certification from the association’s domiciliary regulator as to the solvency of each underwriting member of the association or, if a certification is not available, financial statements of each underwriting member of the association that certified public accounts have prepared.

(5) Intentionally left blank —Ed.

(a) The director shall publish a list of jurisdictions that the director considers qualified for the purpose of accrediting as a reinsurer an assuming insurer that is licensed and domiciled in the jurisdiction.

(b) To determine whether a domiciliary jurisdiction outside the United States is qualified for the purpose described in paragraph (a) of this subsection, the director shall:

(A) Evaluate and monitor how appropriate and effective the jurisdiction’s insurance supervisory system is and the extent to which the jurisdiction affords reinsurers that are licensed and domiciled in the United States rights, benefits and reciprocal recognition;

(B) Require that the jurisdiction share information and cooperate with the director in any matter that concerns a reinsurer that the director accredits and that is domiciled within the jurisdiction;

(C) Refuse to accredit a jurisdiction if the jurisdiction does not promptly and adequately enforce final United States judgments and arbitration awards; and

(D) Consider other criteria the director deems appropriate.

(c) To determine whether a domiciliary jurisdiction inside the United States is qualified for the purpose described in paragraph (a) of this subsection, the director shall:

(A) Consider the list of qualified jurisdictions that the National Association of Insurance Commissioners publishes and, if the director accredits a jurisdiction that does not appear on the National Association of Insurance Commissioners’ list, justify the director’s accreditation with appropriate documentation in accordance with rules the director adopts for this purpose; and

(B) Accredit United States jurisdictions that meet the requirements of the National Association of Insurance Commissioners’ financial standards and accreditation program.

(d) If an assuming insurer’s domiciliary jurisdiction ceases to qualify under paragraph (b) or (c) of this subsection, the director may suspend indefinitely the assuming insurer’s accreditation as a reinsurer.

(6) Intentionally left blank —Ed.

(a) The director by rule shall designate rating agencies upon which the director will rely for financial strength ratings for accredited reinsurers and shall give appropriate consideration to the rating agencies’ financial strength ratings in assigning ratings to each accredited reinsurer. The director shall publish a list of the accredited reinsurers together with the director’s corresponding rating for each.

(b) An accredited reinsurer shall secure obligations the accredited reinsurer assumes from ceding insurers at a level that is consistent with the rating the director assigns and in accordance with rules the director adopts.

(7) Intentionally left blank —Ed.

(a) In order for a ceding domestic insurer to qualify for full financial statement credit for reinsurance that the ceding domestic insurer cedes to an accredited reinsurer, the accredited reinsurer must maintain security in a form that is acceptable to the director and that is consistent with the requirements of ORS 731.510 (Criteria for allowing reduction from liability for reinsurance) or maintain security in a trust fund in accordance with ORS 731.509 (Legislative intent) (8), except as otherwise provided in this section.

(b) If an accredited reinsurer maintains a trust fund to fully secure the accredited reinsurer’s obligations under ORS 731.509 (Legislative intent) (8) and the trust fund is a multibeneficiary trust, the accredited reinsurer shall maintain separate trust accounts for the obligations the accredited reinsurer incurs under reinsurance agreements the accredited reinsurer issued or renewed as an accredited reinsurer with reduced security, as provided under this section or under comparable laws of other United States jurisdictions, and for obligations the accredited reinsurer incurs that are subject to ORS 731.509 (Legislative intent) (8).

(c) The minimum trusteed surplus requirements under ORS 731.509 (Legislative intent) (8) do not apply to an accredited reinsurer that maintains a multibeneficiary trust for the purpose of securing obligations under this subsection, except that the trust must maintain a minimum trusteed surplus of $10,000,000.

(8) The director shall reduce the allowable credit for ceding insurers by an amount that is proportionate to any deficiency in the security required for an accredited reinsurer under this section. The director may also reduce the allowable credit further if the director finds that a material risk exists that the accredited reinsurer will not pay the accredited reinsurer’s obligations in full when due.

(9) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, the director shall require an accredited reinsurer that has become inactive or has voluntarily surrendered accreditation as an accredited reinsurer, or for which the director has revoked or suspended accreditation, to secure 100 percent of the reinsurer’s obligations.

(b) The security requirement described in paragraph (a) of this subsection does not apply to an accredited reinsurer that is inactive, or for which the director has suspended accreditation, if the director maintains a high rating for the reinsurer under subsection (6) of this section.

(10) The director may accredit an assuming insurer as a reinsurer in this state if a jurisdiction that the National Association of Insurance Commissioners has qualified as meeting the association’s financial standards and accreditation has certified the assuming insurer as a reinsurer. The director may also assign to the accredited reinsurer the rating that the qualifying jurisdiction assigned to the accredited reinsurer.

(11) An accredited reinsurer that ceases to assume new business in this state may apply to the director to become inactive and to qualify for a reduction in security for the business the accredited reinsurer maintains. An inactive accredited reinsurer shall comply with all other applicable requirements of this section and the director shall assign a rating to the accredited reinsurer that accounts for the reasons that the accredited reinsurer is not assuming new business, if the reasons are relevant to the rating.

(12) Intentionally left blank —Ed.

(a) The director may suspend or revoke an assuming insurer’s accreditation as a reinsurer in this state if the assuming insurer fails to meet applicable requirements for accreditation.

(b) The director shall give an accredited reinsurer notice and an opportunity for a hearing before taking action under paragraph (a) of this subsection and a suspension or revocation is not effective until after the director’s final order unless:

(A) The accredited reinsurer waives the opportunity for a hearing;

(B) The director bases the final order on regulatory action by the accredited reinsurer’s domiciliary jurisdiction or on the accredited reinsurer’s having voluntarily surrendered or terminated the accredited reinsurer’s authorization to transact insurance or reinsurance in the domiciliary jurisdiction or in a jurisdiction whose certification of the reinsurer formed the basis upon which the director accredited the reinsurer in this state under subsection (10) of this section; or

(C) The director finds that an emergency requires immediate action and a court does not stay the director’s action.

(13) A reinsurance contract issued or renewed after the director suspends an accredited reinsurer’s certification does not qualify for credit unless the reinsurer secures the reinsurer’s obligations in accordance with ORS 731.510 (Criteria for allowing reduction from liability for reinsurance) . The director may not grant credit for reinsurance after the effective date of the director’s revocation of accreditation unless the reinsurer secures the reinsurer’s obligations in accordance with subsections (6), (7) and (9) of this section or ORS 731.510 (Criteria for allowing reduction from liability for reinsurance) .

(14) The director may adopt rules to implement the provisions of this section including, but not limited to, rules that adopt guidelines, rules, regulations or interpretive letters from the National Association of Insurance Commissioners that apply to reinsurance collateral requirements for alien reinsurers. [1993 c.447 §67; 2019 c.151 §23; 2021 c.204 §3]

Source: Section 731.511 — Criteria to be met by assuming insurer in order to be accredited as reinsurer; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 734.660 — OR Code / Title 56 / Chapter 734 / Section 734.660
734.660 Regulation of association as insurer
Status: in_force

The Oregon Insurance Guaranty Association is subject to regulation by the Director of the Department of Consumer and Business Services in the same manner as an insurer. Not later than March 30 of each year, the board shall submit to the director, in a form approved by the director, a financial report for the preceding year. [1971 c.616 §18]

Source: Section 734.660 — Regulation of association as insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html (accessed May 26, 2025).
ORS § 733.780 — OR Code / Title 56 / Chapter 733 / Section 733.780
733.780 Prohibited investments
Status: in_force

(1) An insurer shall not make investments:

(a) Which at the time of purchase or acquisition are not interest-bearing or dividend or income-paying, or are in default in any respect; or

(b) From which the insurer is not entitled to receive for its exclusive account and benefit the interest, dividends or income.

(2) Subsection (1)(a) of this section shall not apply to property acquired under ORS 733.610 (Investment in real property) , 733.670 (Investment of funds under “prudent investor” standard) or 733.680 (Acquisition and retention of personal property generally) if the property is acquired with the intent and expectation that it will be income-producing.

(3) An insurer shall not invest its funds in any investment or security found by the Director of the Department of Consumer and Business Services to be designed to evade any prohibition of the Insurance Code. [Formerly 738.385]

Source: Section 733.780 — Prohibited investments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 735.515 — OR Code / Title 56 / Chapter 735 / Section 735.515
735.515 Charges for services not covered by contract
Status: in_force

(1) As used in this section:

(a) “Dental services contract” means a contract between an insurer and a provider or a group of providers to provide dental health services for enrollees. “Dental services contract” does not include a contract of employment or a contract creating legal entities and ownership thereof that are authorized under ORS chapter 58, 60 or 70, or other similar professional organizations permitted by statute.

(b) “Enrollee” means a person entitled to receive dental health benefits from an insurer.

(c) “Provider” means a person licensed or otherwise authorized by the laws of this state to administer dental health services in the ordinary course of business or practice of a profession.

(2) A dental services contract may not restrict the price that a provider may charge for services provided to an enrollee unless the services are covered by the insurer. [2010 c.74 §2]

Note: 735.515 (Charges for services not covered by contract) was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 735 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 735.515 — Charges for services not covered by contract , https://www.­oregonlegislature.­gov/bills_laws/ors/ors735.­html (accessed May 26, 2025).
ORS § 744.555 — OR Code / Title 56 / Chapter 744 / Section 744.555
744.555 Temporary adjuster permit
Status: in_force

(1) Intentionally left blank —Ed.

(a) To facilitate the settlement of claims under insurance policies when there is widespread property loss in this state arising out of a catastrophe, the Director of the Department of Consumer and Business Services may issue a temporary permit to engage in business as an adjuster in this state to any person authorized in another state to adjust losses claimed under insurance policies in the catastrophe area for or against an authorized insurer. A temporary permit the director issues under this section is effective for 90 days or for such additional time as the director determines is necessary. A person may engage in business as an adjuster under the permit in lieu of the license and fee requirements otherwise applicable.

(b) The director may also issue a temporary permit to a person that is licensed or otherwise authorized to engage in business as an adjuster in the person’s home state or designated home state and that an authorized insurer or insured sends to this state to investigate or adjust a particular loss claimed under an insurance policy.

(2) A person may apply for a temporary permit by submitting an application to the director on a form, in a format and in the manner the director specifies by rule. The application, at a minimum, must list the applicant’s name and address and the state in which the applicant is licensed or otherwise authorized to engage in business as an adjuster. [Formerly 736.490; 1989 c.701 §51; 2019 c.151 §30]

Source: Section 744.555 — Temporary adjuster permit; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 743.824 — OR Code / Title 56 / Chapter 743 / Section 743.824
743.824 Cash dividends for healthy behaviors
Status: in_force

(1) As used in this section, “healthy behaviors” means participating in constructive behaviors that encourage fitness, healthy eating and other activities that are beneficial to good health.

(2) An insurer offering a health benefit plan, as defined in ORS 743B.005 (Definitions) , may pay cash dividends to enrollees in the plan who participate in a program approved by the insurer that promotes healthy behaviors.

(3) Dividends paid pursuant to this section are not premium variations for the purposes of ORS 743.022 (Premium rates for individual health benefit plans) . [2009 c.461 §2]

Note: 743.824 (Cash dividends for healthy behaviors) and 743.826 (Requirements for catastrophic plans) were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 743 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 743.824 — Cash dividends for healthy behaviors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 733.337 — OR Code / Title 56 / Chapter 733 / Section 733.337
733.337 Confidentiality
Status: in_force

(1) As used in this section, “confidential information” means:

(a) A memorandum in support of an opinion submitted under ORS 733.304 (Opinion of actuary) or 733.331 (Opinion of appointed actuary) and any other documents, materials and other information including, but not limited to, all working papers and copies of working papers that are created, produced or obtained by or disclosed to the Director of the Department of Consumer and Business Services or any other person in connection with the memorandum.

(b) All documents, materials and other information including, but not limited to, all working papers and copies of working papers that are created, produced or obtained by or disclosed to the director or any other person in the course of an examination under section 15, chapter 547, Oregon Laws 2015, except that if an examination report or other material that is prepared in connection with an examination under ORS 731.312 (Report of examination) is not held as private and confidential information under ORS 731.312 (Report of examination) , an examination report or other material that is prepared in connection with an examination under section 15 (3), chapter 547, Oregon Laws 2015, is confidential information to the same extent as the examination report or other material that was prepared under ORS 731.312 (Report of examination) .

(c) Any reports, documents, materials or other information that an insurer develops in support of, or in connection with, the annual certification the insurer submits under section 17 (3)(b), chapter 547, Oregon Laws 2015, to evaluate the effectiveness of the insurer’s internal controls with respect to a principle-based valuation and any other documents, materials and other information including, but not limited to, all working papers and copies of working papers that are created, produced or obtained by or disclosed to the director or any other person in connection with the reports, documents, materials and other information.

(d) Any principle-based valuation report developed under section 17 (3)(c), chapter 547, Oregon Laws 2015, and any other documents, materials and other information including, but not limited to, all working papers and copies of working papers that are created, produced or obtained by or disclosed to the director or any other person in connection with the report.

(e) Any documents, materials, data and other information that an insurer submits under ORS 733.334 (Data submission in accordance with valuation manual) and any other documents, materials, data and other information including, but not limited to, all working papers and copies of working papers that are created or produced in connection with the materials, data and other information, to the extent that the documents, materials, data, information and working papers include information that identifies the insurer or could be used to identify a particular person, if the documents, materials data or other information and the working papers are provided to or obtained by or disclosed to the director or any other person in connection or compliance with the provision of ORS 733.334 (Data submission in accordance with valuation manual) .

(2) Intentionally left blank —Ed.

(a) Except as provided in this section, an insurer’s confidential information is confidential by law and privileged as provided in ORS 705.137 (Information that is confidential or not subject to disclosure) , 705.138 (Confidential and privileged documents) and 705.139 (Agreements with other agencies regarding sharing and use of confidential information) , and is not subject to ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(b) The director may share confidential information of the type defined in subsection (1)(a) or (d) of this section with state, federal and international law enforcement officials and with the Actuarial Board for Counseling and Discipline or a successor to the Actuarial Board for Counseling and Discipline, including the employees, agents, consultants and contractors of the board or law enforcement agency, if:

(A) The director receives a request that states that the confidential information is necessary for the purpose of professional disciplinary proceedings; and

(B) The person from which the director receives the request has the legal authority to agree, and does agree, to maintain the confidentiality of and provide a privilege for the documents, materials, data and other information in the same manner and to the same extent that the director must maintain the confidentiality of and privilege provided for the documents, materials, data and other information under this section.

(c) The director may receive documents, materials, data and other information, including otherwise confidential and privileged documents, materials, data or information, from the Actuarial Board for Counseling and Discipline or a successor to the Actuarial Board for Counseling and Discipline and shall maintain the confidentiality of and provide a privilege for any document, material, data or other information the director receives with the understanding that the document, material or other information is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or other information.

(3) Notwithstanding subsection (2) of this section:

(a) The director may release confidential information of the type defined in subsection (1)(a) or (d) of this section:

(A) In response to a subpoena for the purpose of defending an action that seeks damages from the appointed actuary who prepares a memorandum in support of an opinion that an insurer submits under ORS 733.304 (Opinion of actuary) or 733.331 (Opinion of appointed actuary) , or a principle-based valuation report that the insurer developed under section 17, chapter 547, Oregon Laws 2015, if the confidential information is subject to subpoena under an action required under ORS 733.300 (Short title) to 733.340 (Exemptions) and sections 14 to 17, chapter 547, Oregon Laws 2015, or under a rule the director adopts under ORS 733.300 (Short title) to 733.340 (Exemptions) and sections 14 to 17, chapter 547, Oregon Laws 2015; or

(B) With the written consent of the insurer.

(b) Confidential information of the type defined in subsection (1)(a) or (d) of this section is no longer confidential if an insurer cites in the insurer’s marketing, volunteers publicly to or before a government agency other than the Department of Consumer and Business Services or an equivalent agency in another state or the employees, agents, consultants or contractors of the department or agency, or releases to the news media any portion of a memorandum in support of an opinion the insurer submitted under ORS 733.331 (Opinion of appointed actuary) or a principle-based valuation report the insurer developed under section 17, chapter 547, Oregon Laws 2015. [2015 c.547 §19]

Source: Section 733.337 — Confidentiality; permissible disclosures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 743.426 — OR Code / Title 56 / Chapter 743 / Section 743.426
743.426 Claim forms
Status: in_force

A health insurance policy shall contain a provision as follows: “CLAIM FORMS: The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proof of loss. If such forms are not furnished within 15 days after the giving of such notice, the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.” [1967 c.359 §434]

Source: Section 743.426 — Claim forms , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 733.730 — OR Code / Title 56 / Chapter 733 / Section 733.730
733.730 Approval by board of directors of investments and deposits
Status: in_force

(1) Investments and sales or exchanges thereof, except for policy loans of an insurer issuing life insurance policies, shall be approved by the board of directors or a committee thereof charged with the duty of investing the funds of the insurer.

(2) Deposits shall be made in banks or banking institutions approved by the board of directors. [Formerly 738.335]

Source: Section 733.730 — Approval by board of directors of investments and deposits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors733.­html (accessed May 26, 2025).
ORS § 731.116 — OR Code / Title 56 / Chapter 731 / Section 731.116
731.116 “Person.”
Status: in_force

“Person” means an individual or a business entity. For the purpose of this definition, “business entity” means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. [1967 c.359 §24; 1983 c.327 §12; 2001 c.191 §21]

Source: Section 731.116 — “Person.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 746.606 — OR Code / Title 56 / Chapter 746 / Section 746.606
746.606 Information privacy standards for health insurers
Status: in_force

ORS 746.607 (Use and disclosure of personal information) and 746.608 (Rules) establish standards for health insurers that are subject to the information privacy provisions of both the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and the federal Gramm-Leach-Bliley Act (P.L. 106-102). These standards address:

(1) Use and disclosure of personal information;

(2) Access of individuals to personal information;

(3) Notice of privacy practices for personal information;

(4) Amendment of personal information; and

(5) Accounting of disclosures of personal information. [2003 c.87 §2]

Source: Section 746.606 — Information privacy standards for health insurers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors746.­html (accessed May 26, 2025).
ORS § 731.367 — OR Code / Title 56 / Chapter 731 / Section 731.367
731.367 Transfer of domicile by unincorporated authorized foreign insurer
Status: in_force

An unincorporated authorized foreign insurer transfers its domicile to this state when the Director of the Department of Consumer and Business Services determines that it has complied with all of the requirements of law relating to the organization and authorization of a domestic insurer of the same type as provided in ORS 731.363 (Authorized foreign insurer becoming domestic insurer) . No merger, consolidation or other method shall be required to effect a transfer of the domicile of the unincorporated insurer to this state and no vote or approval of the policyholders, members or subscribers of the unincorporated insurer shall be required. Any agreement of indemnity, appointment or governance or any similar agreement shall continue in full force after the transfer if the unincorporated insurer remains an authorized insurer. The laws of this state, however, shall govern all such agreements regardless of any other law to the contrary, and such agreements shall be considered to be modified to reflect that this state is the principal place of business and domicile of the unincorporated insurer. [1995 c.639 §12]

Source: Section 731.367 — Transfer of domicile by unincorporated authorized foreign insurer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743.468 — OR Code / Title 56 / Chapter 743 / Section 743.468
743.468 Unpaid premium
Status: in_force

A health insurance policy may contain a provision as follows: “UNPAID PREMIUM: Upon the payment of a claim under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom.” [1967 c.359 §448]

Source: Section 743.468 — Unpaid premium , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743.­html (accessed May 26, 2025).
ORS § 744.802 — OR Code / Title 56 / Chapter 744 / Section 744.802
744.802 Exemptions from application of requirements for reinsurance intermediary brokers and managers
Status: in_force

(1) An officer or employee of a ceding insurer is not subject to the requirements of ORS 744.800 (Qualifications for reinsurance intermediary brokers and managers) to 744.818 (Errors and omissions insurance for reinsurance intermediary manager) that apply to reinsurance intermediary brokers, with respect to the ceding insurer.

(2) When engaged in a relationship described in this subsection, the following persons are not subject, with respect to the reinsurer in the relationship, to the requirements of ORS 744.800 (Qualifications for reinsurance intermediary brokers and managers) to 744.818 (Errors and omissions insurance for reinsurance intermediary manager) that apply to reinsurance intermediary managers:

(a) An employee of the reinsurer.

(b) A United States manager of the United States branch of an alien reinsurer.

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

(d) The manager of a group, association, pool or organization of insurers who engage in joint underwriting or joint reinsurance and who are subject to examination by the insurance regulatory official of the state in which the manager’s principal business office is located.

(3) An attorney-at-law rendering services in the performance of duties of an attorney-at-law is not subject to the requirements of ORS 744.800 (Qualifications for reinsurance intermediary brokers and managers) to 744.818 (Errors and omissions insurance for reinsurance intermediary manager) that apply to reinsurance intermediary brokers or reinsurance intermediary managers. [1993 c.447 §75; 2003 c.364 §28]

Source: Section 744.802 — Exemptions from application of requirements for reinsurance intermediary brokers and managers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors744.­html (accessed May 26, 2025).
ORS § 732.588 — OR Code / Title 56 / Chapter 732 / Section 732.588
732.588 Supervision, rehabilitation or liquidation
Status: in_force

(1) If the Director of the Department of Consumer and Business Services determines that a person’s violation of any 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) so impairs the financial condition of a domestic insurer as to threaten insolvency or makes the insurer’s further transaction of business hazardous to the insurer’s policyholders, creditors, shareholders or the public, the director may place the insurer under supervision or in rehabilitation or liquidation as provided in ORS chapter 734.

(2) If the director determines that a person’s violation of ORS 732.521 (Activities that are prohibited unless specified procedures followed) , 732.523 (Procedure for acquiring controlling interest of capital stock) , 732.526 (Hearing on proposed activity) , 732.541 (Jurisdiction over person obtaining or attempting to obtain control) or 732.566 (Exemption from ORS 732.517 to 732.596 by director) prevents the director from fully understanding the enterprise risk that an insurance holding company system or an affiliate of an insurer presents to the insurer, the director may, on the basis of the violation, disapprove a dividend or distribution and may place the insurer under supervision as provided in subsection (1) of this section.

(3) If the director places an insurer under supervision as provided in ORS chapter 734 and the insurer engages in transactions within an insurance holding company system as provided in ORS 732.574 (Standards for transactions within holding company) , the director retains authority over the insurer’s operations and over transactions in which the insurer engages within an insurance holding company system of which the insurer is a member. [1993 c.447 §53; 2013 c.370 §31; 2017 c.479 §12]

Source: Section 732.588 — Supervision, rehabilitation or liquidation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors732.­html (accessed May 26, 2025).
ORS § 731.328 — OR Code / Title 56 / Chapter 731 / Section 731.328
731.328 Deposits by unauthorized insurers in actions or proceedings
Status: in_force

(1) Before an unauthorized insurer files or causes to be filed any pleading in any court action or any notice, order, pleading, or process in an administrative proceeding before the Director of the Department of Consumer and Business Services instituted against such person or insurer, by services made as provided in ORS 731.324 (Service of process on Secretary of State) , such insurer shall deposit with the clerk of the court in which such action is pending, or with the director in administrative proceedings before the director, cash or securities. The insurer may also file with such clerk or director a bond with good and sufficient sureties, to be approved by the clerk or director, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , in an amount to be fixed by the court or director sufficient to secure the payment of any final judgment which may be rendered in such action or administrative proceeding.

(2) The director, in any administrative proceeding in which service is made as provided in ORS 731.324 (Service of process on Secretary of State) , may order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (1) of this section and to defend such action.

(3) Nothing in subsection (1) of this section shall be construed to prevent an unauthorized insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in ORS 731.324 (Service of process on Secretary of State) . [1969 c.336 §4; 1991 c.331 §126; 1997 c.631 §545]

Source: Section 731.328 — Deposits by unauthorized insurers in actions or proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 742.158 — OR Code / Title 56 / Chapter 742 / Section 742.158
742.158 Rejection of transfer by policyholder
Status: in_force

(1) A policyholder or certificate holder described in ORS 742.156 (Notice of transfer under assumption reinsurance agreement) may reject the transfer and novation of the policy under an assumption reinsurance agreement to which ORS 742.150 (Approval by director) applies. A policyholder or certificate holder electing to reject the assumption transaction must give notice of rejection according to the manner of response established by rule.

(2) If the premium notice sent by an assuming insurer to a policyholder or a certificate holder described in ORS 742.156 (Notice of transfer under assumption reinsurance agreement) satisfies the requirements of this subsection, payment of any premium to the assuming insurer during the 12-month period after the notice is received constitutes the policyholder’s acceptance of the transfer to the assuming insurer. Upon such a payment, a novation is effected. The premium notice must state that payment of the premium to the assuming insurer constitutes acceptance of the transfer and must provide a method for the policyholder to pay the premium while reserving the right to reject the transfer. This subsection does not apply to a policy for which premiums are collected on a weekly or monthly basis by an insurance producer who is an agent of the insurer nor to any other insurance not using premium notices.

(3) After not less than 12 months from the mailing of the first notice of transfer required under ORS 742.156 (Notice of transfer under assumption reinsurance agreement) , if the transferring insurer has not received the consent to or rejection of the transfer and assumption from a policyholder or consent by the policyholder has not occurred under subsection (2) of this section, the transferring insurer shall send to the policyholder a second and final notice of transfer. The notice must conform to the requirements established under ORS 742.156 (Notice of transfer under assumption reinsurance agreement) and must also state that the policyholder must accept or reject the transfer not later than the 30th day after the postmark date. Failure by the policyholder to accept or reject the transfer during that period constitutes consent by the policyholder and novation of the contract will be effected. For a policy for which premiums are collected on a weekly or monthly basis by an insurance producer who is an agent of the insurer or for any other insurance not using premium notices, the 12-month period and the 30-day period shall be measured from the date of delivery of the notice of transfer provided under ORS 742.156 (Notice of transfer under assumption reinsurance agreement) .

(4) If a policyholder responds to the notice of transfer by mail, receipt of the response by the transferring insurer occurs on the date the response is postmarked. If a policyholder responds to the notice of transfer by facsimile or other electronic transmission or by registered mail, express delivery or courier service, receipt of the response by the transferring insurer occurs on the date of actual receipt by the transferring insurer.

(5) If the notice of transfer for a policy for which premiums are collected on a weekly or monthly basis by an insurance producer who is an agent of the insurer or for any other insurance not using premium notices satisfies the requirements of this subsection, payment of any premium to the assuming insurer during the 12-month period after the notice is received constitutes the policyholder’s acceptance of the transfer to the assuming insurer. Upon such a payment, a novation is effected. The notice of transfer must state that payment of the premium to the assuming insurer constitutes acceptance of the transfer and must provide a method for the policyholder to pay the premium while reserving the right to reject the transfer. [1995 c.30 §6; 2003 c.364 §101]

Source: Section 742.158 — Rejection of transfer by policyholder; payment of premium as acceptance of transfer; failure of policyholder to respond to notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html (accessed May 26, 2025).
ORS § 731.096 — OR Code / Title 56 / Chapter 731 / Section 731.096
731.096 “Domicile of alien insurer.”
Status: in_force

(1) The domicile of an alien insurer, other than insurers formed under the laws of Canada or a province thereof, shall be that state designated by the insurer in writing filed with the Director of the Department of Consumer and Business Services at time of admission to this state or before January 1, 1962, whichever date is the later, and may be any one of the following states:

(a) The state in which the insurer was first authorized to transact insurance;

(b) The state in which is located the insurer’s principal place of business in the United States; or

(c) The state in which is held the largest deposit of assets of the insurer in trust for the protection of its policyholders and creditors in the United States.

(2) If the insurer makes no such designation its domicile shall be deemed to be that state in which is located its principal place of business in the United States. [Formerly 736.240]

Source: Section 731.096 — “Domicile of alien insurer.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 731.106 — OR Code / Title 56 / Chapter 731 / Section 731.106
731.106 “Insurer.”
Status: in_force

“Insurer” includes every person engaged in the business of entering into policies of insurance. [1967 c.359 §22]

Source: Section 731.106 — “Insurer.” , https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html (accessed May 26, 2025).
ORS § 743b.503 — OR Code / Title 56 / Chapter 743b / Section 743b.503
743B.503 Additional requirements for third party contracts
Status: in_force

(1) A contract between a third party and a contracting entity or between two third parties with respect to a provider network contract must comply with this section and ORS 743B.502 (Third party contracts for leasing of provider panels) .

(2) Intentionally left blank —Ed.

(a) A third party shall inform the contracting entity and providers under a contracting entity’s provider network contract of a website, toll-free number or other readily available mechanism to identify the names of all third parties to which the third party provides access to the health care services and discounted rates of a provider under the provider network contract.

(b) The third party shall update the website described in paragraph (a) of this subsection at least every 90 days to reflect all third parties currently provided access. Upon request, the third party shall make the information available to a provider via telephone or through direct notification.

(3) A provider may refuse to accept as payment in full a discounted payment made by a third party under the terms of a provider network contract if there is no valid contractual basis for the discount or the discount is taken in violation of this section or ORS 743B.502 (Third party contracts for leasing of provider panels) . [Formerly 743.086]

Note: See note under 743B.500 (Selling and leasing of provider panels by contracting entity) .

Source: Section 743B.503 — Additional requirements for third party contracts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors743B.­html (accessed May 26, 2025).