justicedao/ipfs_state_laws huggingface dataset:
836-060-0055 Prohibited Transactions The following insurer practices in connection with the sale or placement of credit insurance, or as an inducement thereto, constitute unfair methods of competition under ORS 746.160 or unfair or deceptive practices injurious to the insurance-buying public under 746.240: (1) Practices in connection with the creditor: (a) The offer or grant by an insurer to a creditor of any special advantage or any service not set out in either the group insurance contract or in the agency contract. (b) Agreement by an insurer to deposit with a bank or other financial institution money or securities of the insurer, with the design or intent that this deposit shall affect or take the place of a deposit of money or securities which otherwise would be required of the creditor by the bank or the other financial institution as a compensating balance or offsetting deposit for a loan or other advancement. (c) Deposit by an insurer of money or securities with a creditor, bank or other financial institution without interest or at lesser rate of interest than is currently being paid to other depositors of like amounts. This subsection shall not be construed to prohibit the maintenance by an insurer of those demand deposits or premium deposit accounts as are reasonably necessary for use in the ordinary course of the insurer's business. (2) Placement of insurance on an account by automatic deduction of premium payments without a signed consent by the insured authorizing such deduction for payments. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.160 & 746.240 History: ID 12-2000, f. 11-14-00, cert. ef. 1-1-01 ID 24-1990, f. 12-28-90, cert. ef. 1-1-91 IC 1-1983, f. 1-28-83, ef. 2-1-83 Repealed by IC 13-1982, f. 11-30-82, ef. 12-1-82 IC 7-1982, f. 2-12-82, ef. 6-1-82
836-062-0001 Statutory Authority; Effective Date (1) OAR 836-062-0001 to 836-062-0010 are adopted pursuant to the general rulemaking authority of the Director under ORS 731.244. (2) Not later than December 15, 1989, each insurer shall file with the Director a listing of all policy forms that comply with OAR 836-062-0005 or 836-062-0010. Any form to which 836-062-0005 or 836-062-0100 applies but does not comply with either rule becomes disapproved for use in Oregon and may not be used after that date unless it has been resubmitted to and approved by the Director. Statutory/Other Authority: ORS 731 Statutes/Other Implemented: ORS 742.005(2), 742.023(1)(f) & 746.240 History: ID 9-1989, f. & cert. ef. 10-23-89
836-062-0005 Motor Vehicle Physical Damage Only Policies; Required Notice (1) An insurer providing motor vehicle property damage only coverage on a domestic risk, upon issuance of coverage, shall give notice of the limited nature of the coverage as provided in this section to the purchaser of the motor vehicle to which the coverage applies. The insurer shall display the notice on the face page of the policy, the group or master contract or any other document issued by the insurer to the purchaser as evidence of insurance coverage. Except as provided in section (2) of this rule, the notice shall be in bold face type of not less than 12-point with a lower case unspaced alphabet length of not less than 120-point, or of not less than 10-point if the notice is in a contrasting color, and shall state: "WARNING: THIS COVERAGE DOES NOT PROVIDE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE AND DOES NOT COMPLY WITH ANY FINANCIAL RESPONSIBILITY LAW OR ANY OTHER LAW MANDATING MOTOR VEHICLE INSURANCE COVERAGE." (2) An insurer may satisfy the notice requirement under section (1) of this rule by use of a notice provision that substantially complies with the notice provision set forth in section (1) of this rule, if the alternative notice provision is approved by the Director prior to use. (3) For purposes of this rule, a policy is a motor vehicle physical damage only policy if it insures solely against the loss of or damage to any motor vehicle designed primarily for use upon a highway. (4) The notice requirement under this rule may be met by the attachment of a sticker or by a stamp that contains the required warning. Other devices that contain the required warning may be used if approved by the Director prior to use. (5) The insurance producer selling the coverage to which this rule applies shall require the purchaser of the coverage to sign a receipt acknowledging that the purchaser has read and understands the warning required under section (1) of this rule. The receipt shall be retained by the insurance producer or insurer until the end of the sixth month after the termination date of the coverage to which the receipt applies. (6) This rule applies to motor vehicle physical damage only policies on individually owned private passenger vehicles including pickup and panel trucks and station wagons that are not used as a public or livery conveyance for passengers or rented to others, and does not apply to motor vehicle physical damage only policies on commercial fleets. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 742.005, 742.023 & 746.240 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 15-1996, f. & cert. ef. 11-12-96 ID 9-1989, f. & cert. ef. 10-23-89
836-062-0010 Vendor Single Interest Policies; Required Notice (1) An insurer providing vendor’s single interest coverage shall cause notice of the limited nature of the coverage to be given as provided in this rule to the borrower to whom the policy, certificate or other document giving evidence or notice of insurance coverage is issued. The notice shall be displayed on the face page of the policy, certificate or other document, or enclosed therewith. Except as provided in section (2) of this rule, the notice of the limited nature of the coverage shall be in bold face type of not less than 12-point with a lower case unspaced alphabet length of not less than 120-point or of not less than 10-point if the notice is in a contrasting color, and shall state: “WARNING: THIS IS A LIMITED POLICY THAT PROTECTS ONLY THE LENDER’S INTEREST IN THE INSURED PROPERTY. THE POLICY DOES NOT PROVIDE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE AND DOES NOT COMPLY WITH ANY FINANCIAL RESPONSIBILITY LAW OR ANY OTHER LAW MANDATING MOTOR VEHICLE INSURANCE COVERAGE.” (2) An insurer may satisfy the notice requirement under section (1) of this rule by use of a notice provision that substantially complies with the notice provision set forth in section (1) of this rule, if the alternative notice provision is approved by the Director prior to use. (3) This rule applies to all policies of personal property insurance placed on personal property that protect only the single interest of the vendor or lender. A policy protects only the single interest of the vendor or lender if it protects against loss or damage to personal property of a debtor for the following purposes: (a) To secure repayment of the amount borrowed from the vendor or lender; (b) To protect the vendor’s or lender’s interest in the property; and (c) To protect the interest in the amount of the actual cash value of the collateral, the cost of repair or the loan balance, whichever is less. (4) The notice requirement under this rule may be met by the attachment of a sticker or separate piece of paper or by a stamp that contains the required warning. Other devices that contain the required warning may be used if approved by the Director. Statutory/Other Authority: ORS 731 Statutes/Other Implemented: ORS 742.005(2), 742.023(1)(f) & 746.240 History: ID 9-1989, f. & cert. ef. 10-23-89
836-071-0105 Additional Application Information During the review of an application, the Director may require court documents, letters of recommendation and any other information that the Director determines will assist consideration of the application. Statutory/Other Authority: ORS 731 & 744 History: ID 3-1990, f. & cert. ef. 1-19-90
836-071-0110 Fingerprints All applicants for a license shall furnish fingerprints required by the Director of the Department of Consumer and Business Services to the examination administrator who will perform the duties of obtaining electronically the fingerprints of applicants and submitting the fingerprints for Oregon or nationwide criminal history checks. The applicant shall submit the fingerprints according to the requirements and instructions of the examination administrator. Statutory/Other Authority: ORS 181.534, 705.135 & 731.244 Statutes/Other Implemented: ORS 181.534, 705.141, 744.001 & 744.059 History: ID 18-2012, f. & cert. ef. 11-7-12 ID 12-2012(Temp), f. 6-19-12, cert. ef. 8-1-12 thru 1-25-13 ID 23-2010, f. 12-30-10, cert. ef. 1-1-11 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0112 Social Security Numbers; Insurance Producer Applications (1) An applicant for an insurance producer license shall furnish the Social Security number of the applicant as provided in the application form. (2) The Director may collect Social Security numbers submitted in applications under this rule and may use a Social Security number of an individual when authorized to do so for the purposes specified in this section. In addition to the governmental uses for which a Social Security number is required in an application under federal and state law, when authorized by the holder of a Social Security number, the Director may use a Social Security number for any of the following purposes: (a) As an identification number in maintaining records and reporting grades or examination scores; (b) For licensing purposes; and (c) For use by other government agencies to carry out their statutory duties. (3) In addition to the governmental uses for which a Social Security number is required in an application under federal and state law, an applicant may voluntarily allow use by the Director of the Social Security number of the applicant, as the Director may request in the application form, for the purposes specified in section (2) of this rule. Refusal to voluntarily allow such use of the Social Security number will not result in the denial of any individual right, benefit or privilege provided by law. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.058 & 744.063 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 9-2002, f. & cert. ef. 3-18-02
836-071-0113 Crop Insurance (1) The director designates crop insurance as a class of insurance, for the purpose of licensing crop adjusters, under the director’s authority in ORS 744.531(3). (2) To qualify as a crop adjuster, an applicant must pass an examination recognized by the director. The director recognizes crop adjuster examinations under OAR 836-071-0120(1), and examinations administered for certification under the crop adjuster proficiency program approved by the Risk Management Agency, an agency of the United States Department of Agriculture, as adequately testing the qualifications, competence and knowledge of crop adjuster license applicants. Statutory/Other Authority: ORS 731.244 & ORS 744 Statutes/Other Implemented: ORS 744.525, ORS 744.528 & ORS 744.531 History: ID 10-2019, amend filed 11/27/2019, effective 01/01/2020 ID 2-2010, f. 1-8-10, cert. ef. 2-1-10
836-071-0115 Satisfaction of Qualifications for Classes of Insurance An applicant must satisfy all applicable qualifications for each class of insurance applied for within a license category before the applicant may be issued a license. Statutory/Other Authority: ORS 731 & 744 History: ID 3-1990, f. & cert. ef. 1-19-90
836-071-0117 Managing General Agents; Amount of Claims Adjustment or Payment for Purposes of Statutory Definition For the purpose of establishing under ORS 744.300 whether a person is acting as a managing general agent, the amount of $10,000 is the amount of claims that the Director must determine under 744.300(3)(b)(A). Statutory/Other Authority: ORS 731.244, 744.300, 744.306, 744.313 & 744.314 History: ID 6-1992, f. & cert. ef. 3-26-92
836-071-0118 Requirements That Must Be Completed Prior to Submitting Licensing Application All applicants for a license shall submit application materials electronically in accordance with directions provided on the department’s Division of Financial Regulation website at dfr.oregon.gov. Before submitting an application for a license for consideration by the director, the applicant must complete the following steps in the application process: (1) Completion of all pre-examination training and experience requirements under OAR 836-071-0180; (2) Submission of fingerprints in accordance with OAR 836-071-0110; (3) Satisfactory passage of a licensing examination under OAR 836-071-0120 and 836-071-0127; and (4) Completion of a criminal history check as set forth in OAR 836-072-0001. Statutory/Other Authority: 705.141, 731.244, 731.804, ORS 744.058, 744.619, 744.621 & Or Laws 2019, ch 151 Statutes/Other Implemented: ORS 744.058, 744.619, 744.621 & Or Laws 2019, ch 151 History: ID 10-2019, amend filed 11/27/2019, effective 01/01/2020 ID 18-2012, f. & cert. ef. 11-7-12 ID 12-2012(Temp), f. 6-19-12, cert. ef. 8-1-12 thru 1-25-13 ID 23-2010, f. 12-30-10, cert. ef. 1-1-11
836-071-0120 Examination Procedure (1) The director recognizes the following examinations as adequately testing an applicant’s qualifications, competence and knowledge of the categories of insurance business and classes of insurance that the applicant intends to transact under a license and the applicant’s knowledge of duties under the Insurance Code and other laws of this state: (a) Examinations that are administered for such purpose by the director; and (b) Examinations that are administered in a substantially similar manner by other states that license adjusters of this state without examination. A listing of such examinations is set forth on the department’s Division of Financial Regulation website at dfr.oregon.gov. (2) To take an examination administered by the director, an applicant must register with the examination administrator in advance of the examination. (3) The administrator of the examination may require photographic identification of the applicant at the examination site. (4) To be admitted to the examination site, an applicant must submit to the examination administrator either of the following as proof of satisfactory completion of required training: (a) A signed certificate of insurance pre-examination training taken at a school registered under OAR 836-071-0190. The signed certificate must include the applicant's name, the classes of insurance for which training was received, the school name, the date on which the training was completed and the signature of a person authorized by the school to sign such certificates; or (b) Proof of completion of the required pre-examination insurance training at an accredited college or university. Statutory/Other Authority: ORS 731.244, 731.804, ORS 744.058, 744.619, 744.621 & Or Laws 2019, ch 151 Statutes/Other Implemented: ORS 744.058, 744.619, 744.621, 744.525 & 744.528 History: ID 10-2019, amend filed 11/27/2019, effective 01/01/2020 ID 23-2010, f. 12-30-10, cert. ef. 1-1-11 ID 9-2002, f. & cert. ef. 3-18-02 ID 4-1991, f. & cert. ef. 4-25-91 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0125 Period for Completion of License Application An application for a license is invalid if the license for which the application was made has not been granted on or before the last day of the ninth month after the date on which the application was filed with the Director. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 744.001 History: ID 6-1999, f. 12-13-99, cert. ef. 1-1-00 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0127 Examination Scores (1) For the purpose of obtaining authorization to transact a category or class of insurance, an applicant passes an examination for the class or category when the applicant obtains a score of 70 percent or higher, with the exception of a crop insurance adjuster examination, for which the minimum passing score is 80 percent. (2) An applicant for a surplus lines licensee's license must achieve an examination score of 70 percent or higher. Statutory/Other Authority: ORS 731.244, 731.804, 744.619, 744.621, 744.066, 744.069, 744.075 & Or Laws 2019, ch 151 Statutes/Other Implemented: Or Laws 2019, ch 151 History: ID 10-2019, amend filed 11/27/2019, effective 01/01/2020 ID 2-2010, f. 1-8-10, cert. ef. 2-1-10 ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 4-1991, f. & cert. ef. 4-25-91 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0130 Adjuster or Insurance Consultant License Renewal (1) The adjuster or insurance consultant license of an individual expires biennially in the month of the individual’s birthday anniversary. The adjuster or insurance consultant license of a person other than an individual expires on the last day of the month in which the second anniversary of the initial issuance date occurs. Thereafter, the license of a person other than an individual shall expire on the second anniversary following each renewal. (2) Not later than the license expiration date, an adjuster or insurance consultant licensee applying for renewal must submit electronically in the form and according to directions set forth on the department’s Division of Financial Regulation website at dfr.oregon.gov the following, as applicable: (a) A completed renewal application; (b) The renewal fee; (c) A statement of current license status from the insurance department of the state of residence of the licensee, if the licensee is a non-resident licensee; and (d) Evidence of current Federal Crop Insurance Corporation certification, if the applicant is a crop insurance adjuster. (3) The director may allow an adjuster or insurance consultant licensee not more than 30 days to submit missing information on the application form if the fees have been submitted on or before the expiration date. (4) The director may request on the renewal application any information requested on the original application for a license. Statutory/Other Authority: ORS 731.244 & Or Laws 2019, ch 151 Statutes/Other Implemented: Or Laws 2019, ch 151, sections 6 and 13 History: ID 10-2019, amend filed 11/27/2019, effective 01/01/2020 ID 18-2012, f. & cert. ef. 11-7-12 ID 12-2012(Temp), f. 6-19-12, cert. ef. 8-1-12 thru 1-25-13 ID 2-2010, f. 1-8-10, cert. ef. 2-1-10 ID 7-2008, f. 5-20-08, cert. ef. 6-2-08 ID 11-2007(Temp), f. & cert. ef. 12-11-07 thru 6-1-08 ID 9-2002, f. & cert. ef. 3-18-02 ID 6-1999, f. 12-13-99, cert. ef. 1-1-00 ID 3-1997, f. 4-7-97, cert. ef. 6-1-97 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0135 Renewal of Expired Adjuster or Insurance Consultant License (1) When an expired license of an individual is renewed under Oregon Laws 2019, chapter 151, the renewed license expires biennially in the month of the individual’s birthday anniversary. (2) When an expired license of a person other than an individual is renewed under Oregon Laws 2019, chapter 151, the renewed license expires biennially in the month of initial license issuance anniversary. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: Or Laws 2019, ch 151, sections 6 and 13 History: ID 10-2019, amend filed 11/27/2019, effective 01/01/2020 ID 7-2008, f. 5-20-08, cert. ef. 6-2-08 ID 11-2007(Temp), f. & cert. ef. 12-11-07 thru 6-1-08 ID 9-2002, f. & cert. ef. 3-18-02 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0140 License Amendment An applicant for an amendment to an adjuster or insurance consultant license shall apply electronically in the manner provided for application for the initial license under Oregon Laws 2019, chapter 151. Statutory/Other Authority: ORS 731.244, 731.804, ORS 744.619, 744.621 & Or Laws 2019, ch 151 Statutes/Other Implemented: ORS 744.619, 744.621 & Or Laws 2019, ch 151 History: ID 10-2019, amend filed 11/27/2019, effective 01/01/2020 ID 18-2012, f. & cert. ef. 11-7-12 ID 12-2012(Temp), f. 6-19-12, cert. ef. 8-1-12 thru 1-25-13 ID 9-2002, f. & cert. ef. 3-18-02 ID 4-1991, f. & cert. ef. 4-25-91 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0145 Amended License Issuance (1) When the director determines that an applicant for an amendment to a license satisfies all applicable requirements, the director shall issue to the applicant a license incorporating the amendment. (2) A license issued under this rule retains the same expiration date as the license being amended. Statutory/Other Authority: ORS 731 & 744 Statutes/Other Implemented: Or Laws 2019, ch151 History: ID 10-2019, amend filed 11/27/2019, effective 01/01/2020 ID 7-2008, f. 5-20-08, cert. ef. 6-2-08 ID 11-2007(Temp), f. & cert. ef. 12-11-07 thru 6-1-08 ID 3-1990, f. & cert. ef. 1-19-90
836-071-0146 Individual Insurance Producer License Expiration Date (1) A license issued to an individual insurance producer expires biennially in the month of the individual’s birthday anniversary. (2) For the purpose of making the transition to renewal according to birth date month as provided in this rule, a license of an individual insurance producer that would have expired on or after the effective date of this rule according to ORS 744.072 expires instead in the birth date month next following the former expiration date. Statutory/Other Authority: ORS 731.244 & 744.072 Statutes/Other Implemented: ORS 744.072 History: ID 4-2007, f. 3-6-07, cert. ef. 1-1-08
836-071-0150 Errors and Omissions Insurance; Insurance Consultants; Managing General Agents (1) The amount of insurance for which an insurance consultant must maintain a certificate of errors and omissions insurance with the Director as required by ORS 744.635 is $500,000 claims made or per occurrence. (2) The amount of insurance for which a managing general agent as described in ORS 744.300 must maintain a certificate of errors and omissions insurance with the Director as required by 744.303 is $500,000 claims made or per occurrence. (3) A managing general agent or an insurance consultant may obtain insurance required by ORS 744.303 or 744.635 from an insurer other than an authorized insurer if the insurer does not control or is not controlled by, or is not under common control with, the managing general agent or insurance consultant, whether directly or indirectly through one or more intermediaries, and if: (a) The insurer is an eligible surplus lines insurer pursuant to the requirements of ORS 735.400 to 735.495 and the insurance is procured by a surplus lines licensee; (b) The insurer is an authorized insurer in the state of domicile of the insurance consultant or managing general agent for whom the insurance is obtained; or the state of domicile of the applicant for either such license; or (c) The insurance is procured from an Oregon surplus lines insurer that is eligible in the state of domicile of the insurance consultant or managing general agent, or applicant for either such license, if all requirements of this subsection are satisfied. The insurance for purposes of this subsection must be confirmed by the signature of an Oregon surplus lines licensee. The Oregon surplus lines licensee must also affirm in writing that the Oregon surplus lines licensee will be the agent for service of process for any action or proceeding involving the insurance consultant or managing general agent and an Oregon resident. Statutory/Other Authority: ORS 731.244, 744.303, 744.635, 744.704, 744.706, 744.712 & 744.726 History: ID 8-2005, f. 5-18-05, cert. ef. 8-1-05 ID 1-1992, f. & cert. ef. 1-27-92