justicedao/ipfs_state_laws huggingface dataset:
836-080-0155 False or Deceptive Publications by Insurer Prohibited An insurer shall not knowingly adopt, or cause or permit to be issued, circulated or used, any representation, plan, schedule, letter, or advertising material of any kind stating or implying that the insurer has acted or will in the future act in any manner at variance with OAR 836-080-0105 to 836-080-0155. Statutory/Other Authority: ORS 731 & 746 Statutes/Other Implemented: ORS 746.015(1), 746.075, 746.160(3) & 746.240 History: IC 69, f. & ef. 7-20-76
836-080-0165 Notice of Division of Financial Regulation Assistance (1) An insurer shall include in an individual annuity contract and with any subsequent offer for sale of additional coverage in connection with the annuity a statement to the effect that the Division of Financial Regulation of the Department of Consumer and Business Services offers assistance to consumers in the event of a dispute with the insurer. When the statement appears in the contract, the statement must be displayed on the cover page, the first page of the annuity terms, the page that contains the names of the parties and basic coverage information or another prominent place. When the statement appears in an offer for sale of additional coverage, the statement must be displayed in a prominent place. The statement must include the telephone number and website information for contacting the Division of Financial Regulation for assistance. (2) Violation of this rule is an unfair trade practice for the purpose of ORS 746.240. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 742.009 & 746.240 History: ID 32-2024, minor correction filed 08/20/2024, effective 08/20/2024 ID 14-2008, f. & cert. ef. 8-15-08
836-080-0170 Statutory Authority; Purpose (1) OAR 836-080-0170 to 836-080-0190 are issued under the general rulemaking authority of the director in ORS 731.244 to aid in the effectuation of ORS Chapter 746, especially the provisions of ORS 746.100, 746.110, and 746.240. Additional rulemaking authority is also conferred under the provisions of ORS 743.262(5)(a), (7)(b), (13)(b)-(c), (14)(b), and (17)(c). (2) The purpose of this rule is to require producers to disclose certain information when making a recommendation of an annuity and to require insurers to establish and maintain a system to supervise recommendations so that the insurance needs and financial objectives of consumers at the time of the transaction are effectively addressed. (3) OAR 836-080-0170 to 836-080- 0190 do not create or imply a private cause of action for a violation of OAR 836-080-0170 to 836-080-0190 or subject a producer to civil liability under the disclosure and care requirements outlined in ORS 743.262(4) or under standards that govern the conduct of a fiduciary or a fiduciary relationship. Statutory/Other Authority: ORS 731.244 & 743.262 Statutes/Other Implemented: ORS 746.100, 746.110, 746.240 & 743.262 History: ID 19-2024, amend filed 08/12/2024, effective 08/12/2024 ID 54-2023, temporary amend filed 12/20/2023, effective 01/01/2024 through 06/28/2024 ID 2-2011, f. & cert. ef. 2-4-11
836-080-0172 Applicability and Disclosure Forms (1)(a) Except as provided in OAR 836-080-0172(1)(b), OAR 836-080-0170 to 836-080-0190 applies to any sale or recommendation of an annuity. (b) OAR 836-080-0170 to 836-080-0190 does not apply to the transactions described in ORS 743.262(2)(b). (2) A producer, before making a recommendation of or selling an annuity to a consumer, shall make the disclosures required under ORS 743.262(5)(a) by means of a form substantially similar to the form identified as “Insurance Agent (Producer) Disclosure for Annuities - Exhibit 1” on the Department of Consumer and Business Services website at dfr.oregon.gov. (3) In addition to making the disclosures required under OAR 836-080-0172(2), a producer, at the time the producer recommends or sells an annuity to a consumer, shall: (a) Provide the consumer a copy of the record of the producer’s annuity recommendation, including the basis of how the producer determined the recommendation as required by ORS 743.262(4)(a)(D), ORS 743.262(5)(b), and ORS 743.262(7)(a); and (b) If a consumer refuses to provide consumer profile information specified in ORS 743.262(1)(d), obtain the signed statement required under ORS 743.262(7)(b)(A) by means of a form substantially similar to the forms identified as “Consumer Refusal to Provide Information – Exhibit 2” on the Department of Consumer and Business Services website at dfr.oregon.gov; and (c) If a consumer enters into an annuity transaction that is not based on a producer’s recommendation, obtain the signed statement required under ORS 743.262(7)(b)(B) by means of a form substantially similar to the form identified as “Consumer Decision to Purchase an Annuity Not Based on a Recommendation – Exhibit 3” on the Department of Consumer and Business Services website at dfr.oregon.gov . Statutory/Other Authority: ORS 731.244 & 743.262 Statutes/Other Implemented: ORS 746.100, 746.110, 746.240 & 743.262 History: ID 19-2024, amend filed 08/12/2024, effective 08/12/2024 ID 54-2023, temporary amend filed 12/20/2023, effective 01/01/2024 through 06/28/2024 ID 2-2011, f. & cert. ef. 2-4-11
836-080-0178 Definitions (1)(a) “Annuity” means: (A) An agreement to make periodic payments, whether fixed or variable, in an amount: (i) That is individually solicited, whether the agreement is classified as an individual annuity or a group annuity; and (ii) In which the obligation to make all or some of the periodic payments, or the amount of any periodic payment, depends upon the continuance of human life; and (B) Any additional benefits that safeguard the agreement from lapse or that provide a special surrender value or special benefit or annuity if the annuitant becomes totally and permanently disabled. (b) “Annuity” does not include: (A) A charitable remainder annuity trust or a charitable remainder unitrust as defined in S ection 664(d) of the Internal Revenue Code; or (B) Payments made in accordance with settlement provisions of a life insurance policy. (2) “Producer” means a person that is licensed under ORS 744.052 to 744.089 or an insurer, if the insurer solicits, negotiates or sells an annuity without involving a producer. (3) “Recommendation” means a producer’s advice to a consumer that the producer intends as an inducement to sell, exchange or replace an annuity or that results in a sale, exchange or replacement of an annuity in accordance with the producer’s advice. Statutory/Other Authority: ORS 731.244 & 743.262 Statutes/Other Implemented: ORS 746.100, 746.110, 746.240 & 743.262 History: ID 19-2024, amend filed 08/12/2024, effective 08/12/2024 ID 54-2023, temporary amend filed 12/20/2023, effective 01/01/2024 through 06/28/2024 ID 2-2011, f. & cert. ef. 2-4-11
836-080-0183 Insurance Producer Training (1) A producer may not solicit the sale of an annuity unless the producer has knowledge that is adequate to make a recommendation of the annuity, has complied with the insurer’s standards for product training, and meets the requirements of ORS 743.262(13). (2)(a) A provider of an annuity training course intended to comply with this section shall register as a continuing education provider in this state and comply with the rules and guidelines applicable to insurance producer continuing education courses as set forth in ORS 744.072 and OAR 836-071-0180 to 836-071-0250. (b) Annuity training courses may be conducted and completed by classroom or self-study methods in accordance with ORS 744.072 and OAR 836-071-0180 to 836-071-0250. (c) Providers of annuity training shall comply with the reporting requirements and shall issue certificates of completion in accordance with OAR 836-071-0180 to 836-071-0250. Statutory/Other Authority: ORS 731.244 & 743.262 Statutes/Other Implemented: ORS 746.100, 746.110, 746.240 & 743.262 History: ID 19-2024, amend filed 08/12/2024, effective 08/12/2024 ID 54-2023, temporary amend filed 12/20/2023, effective 01/01/2024 through 06/28/2024 ID 2-2011, f. & cert. ef. 2-4-11
836-080-0185 Compliance Mitigation; Penalties Violation of any provision of OAR 836-080-0170 to 836-080-0190 is an unfair trade practice under ORS 746.240. Statutory/Other Authority: ORS 731.244 & 743.262 Statutes/Other Implemented: ORS 746.100, 746.110, 746.240 & 743.262 History: ID 19-2024, amend filed 08/12/2024, effective 08/12/2024 ID 54-2023, temporary amend filed 12/20/2023, effective 01/01/2024 through 06/28/2024 ID 2-2011, f. & cert. ef. 2-4-11
836-080-0190 Annuity Sales; Disclosure Not a Defense The fact that a person made a disclosure to a consumer about the nature of an annuity in connection with the sale of the annuity to the consumer is not a defense by itself to a determination by the director under OAR 836-080-0170 to 836-080-0188 that the annuity sale violated the care requirements under ORS 743.262. Statutory/Other Authority: ORS 731.244 & 743.262 Statutes/Other Implemented: ORS 746.100, 746.110, 746.240 & 743.262 History: ID 19-2024, amend filed 08/12/2024, effective 08/12/2024 ID 54-2023, temporary amend filed 12/20/2023, effective 01/01/2024 through 06/28/2024 Renumbered from 836-080-0095, ID 2-2011, f. & cert. ef. 2-4-11 ID 14-2008, f. & cert. ef. 8-15-08
836-080-0193 Operative Date The revisions to OAR 836-080-0170 to 836-080-0190 become operative on August 12, 2024. Statutory/Other Authority: ORS 731.244 & 743.262 Statutes/Other Implemented: ORS 746.100, 746.110, 746.240 & 743.262 History: ID 19-2024, amend filed 08/12/2024, effective 08/12/2024 ID 54-2023, temporary amend filed 12/20/2023, effective 01/01/2024 through 06/28/2024 ID 2-2011, f. & cert. ef. 2-4-11
836-080-0195 Oregon opt-out from certain Interstate Insurance Product Regulation Compact Uniform Standards (1) The purpose of this rule is to exercise the opt out provisions of the Interstate Insurance Product Regulation Compact (Compact) pursuant to ORS 732.820, Article VII. (2) The Department of Consumer and Business Services declines to participate in the following Compact Uniform Standards: (a) The director has considered the Standards for Individual Deferred Index Linked Variable Annuity Contracts adopted by the Interstate Insurance Product Regulation Commission (IIPRC ) on April 25, 2024 and finds the protections offered to residents of Oregon are not adequate. Therefore, the Department of Consumer and Business Services declines to participate in the Standards for Individual Deferred Index Linked Variable Annuity Contracts. (b) The director has considered the amendments to the Additional Standards for Market Value Adjustment Feature for Modified Guaranteed Annuities and Index-Linked Variable Annuities adopted by the IIPRC on April 25, 2024 and finds the protections offered to residents of Oregon are not adequate. Therefore, the Department of Consumer and Business Services declines to participate in the Additional Standards for Market Value Adjustment Feature for Modified Guaranteed Annuities and Index-Linked Variable Annuities. (3) This rule is effective immediately upon adoption. Statutory/Other Authority: ORS 732.820 & Or Const, Art VII Statutes/Other Implemented: ORS 732.820 & Or Const, Art VII History: ID 7-2025, adopt filed 10/28/2025, effective 11/01/2025
836-080-0200 Electronic Payment of Claims (1) An insurer may pay claim proceeds through a prepaid card, direct deposit system, automated teller machine card or debit card, or other means of electronic transfer if the claimant elects payment by one of those methods and specifies the method of electronic payment agreed upon. The consent of the recipient of claim proceeds must be obtained prior to initiating electronic payments and may be written or verbal. The insurer must provide the recipient a written confirmation when consent is obtained verbally. Proof of mailing will act as proof of providing written notice. The recipient may discontinue receiving electronic payments by notifying the insurer in writing. (2) The recipient of claim proceeds must receive a copy of the cardholder agreement clearly outlining the terms and conditions under which a prepaid card, an automated teller machine card or debit card has been issued prior to or at the time the initial electronic payment is made. (3) The instrument of payment must be negotiable and payable to the recipient for the full amount due, without cost to the recipient. The recipient must be able to make an initial withdrawal of the entire amount due without delay or cost to the recipient. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.230 History: ID 15-2014, f. & cert. ef. 8-15-14
836-080-0205 Statutory Authority, Purpose, and Applicability (1) OAR 836-080-0205 to 836-080-0250 are adopted by the Director of the Department of Consumer and Business Services pursuant to the director’s general rulemaking authority in ORS 731.244, to aid in the proper effectuation of 746.230. (2) The purpose of OAR 836-080-0205 to 836-080-0250 is to define certain minimum standards the violation of which will be considered to constitute unfair claims settlement practices within the purview of ORS 746.230. (3) OAR 836-080-0205 to 836-080-0250: (a) Apply with respect to all insurance except fidelity and surety bonds; (b) Apply to workers' compensation insurance only as provided in OAR 836-080-0250; and (c) Are not exclusive, and the Director may also consider other acts not herein specified to be violations of ORS 746.230. (4) OAR 836-080-0205 to 836-080-0250 do not in any way expand or limit or otherwise change the procedural or substantive rights, or both, of claimants as provided in the Oregon Revised Statutes. (5) The amendments to OAR 836-080-0210 and 836-080-0235 apply only to claims submitted to a title insurer on or after August 17, 2010. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.230 History: ID 16-2010, f. & cert. ef. 8-19-10 ID 20-1998, f. 12-2-98, cert. ef. 2-1-99 ID 12-1992, f. & cert. ef. 7-1-92 IC 2-1980, f. 5-8-80, ef. 6-1-80
836-080-0210 Definitions As used in OAR 836-080-0205 to 836-080-0240, unless the context requires otherwise: (1) "Claim file" includes, but is not limited to, microfilm files, computer information systems and other types of files, containing information on individual claims without necessarily containing hard copies of documents. (2) "Claimant" includes any first party claimant and any third party claimant, the designated legal representative of any such claimants and any members of a claimant's immediate family who are designated for this purpose by the claimant. For title insurance, “claimant” includes only any first party claimant and the designated legal representative of a first party claimant. (3) "First party claimant" means a person asserting a right to payment under an insurance policy arising out of the occurrence of the contingency or loss covered by the policy. (4) "Insurer" includes any person authorized to represent the insurer with respect to a claim who is acting within the scope of the person's authority. (5) "Investigation" means the activities of an insurer directly or indirectly related to the determination of liabilities under coverages provided by an insurance policy. (6) "Notification of claim" means any notification, whether in writing or other means acceptable under the terms of an insurance policy, to an insurer by a claimant that reasonably apprises the insurer of the facts pertinent to the claim. (7) "Third party claimant" means any person asserting a claim against any person insured under an insurance policy. (8) "Crash parts" are motor vehicle replacement parts, sheet metal or plastic, that constitute the visible exterior of the vehicle, including inner and outer panels, and are generally repaired or replaced as the result of a collision. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.230 History: ID 16-2010, f. & cert. ef. 8-19-10 ID 20-1998, f. 12-2-98, cert. ef. 2-1-99 IC 8-1986, f. & ef. 12-30-86 IC 2-1980, f. 5-8-80, ef. 6-1-80
836-080-0215 Claim Files An insurer’s claim files shall contain the information pertaining to each claim in sufficient detail that pertinent events and their dates can be reconstructed. Statutory/Other Authority: ORS 731 Statutes/Other Implemented: ORS 746.230(1)(d) History: IC 2-1980, f. 5-8-80, ef. 6-1-80
836-080-0220 Misrepresentation and Other Prohibited Claim Practices An insurer shall not: (1) Fail to fully disclose to a first party claimant all pertinent benefits, coverages and other provisions of an insurance policy under which the claim is asserted. (2) Conceal from a first party claimant any insurance policy benefits, coverages or other provisions that are pertinent to the claim. (3) Deny a claim on the grounds of the claimant’s failure to exhibit the relevant property without proof of the insurer’s demand and the claimant’s unfounded refusal. (4) Except where there is such time limit specified in the policy, make statements, written or otherwise, that require a claimant to give written notice of loss or proof of loss within a specified time and that seek to relieve the insurer of its obligations if the time limit is not complied with, unless the failure to comply with the specified time limit prejudices the insurer’s rights. (5) Request a first party claimant to sign a release that extends beyond the subject matter that gave rise to the claim payment. (6) Issue checks or drafts in partial settlement of a loss or claim under a specific policy coverage that contain language releasing the insurer or its insured from its total liability. Statutory/Other Authority: ORS 731 Statutes/Other Implemented: ORS 746.230(1)(a), 746.230(f), 746.230(j) & 746.230(m) History: IC 2-1980, f. 5-8-80, ef. 6-1-80
836-080-0225 Required Claim Communication Practices An insurer shall: (1) Not later than the 30th day after receipt of notification of claim, acknowledge the notification or pay the claim. An appropriate and dated notation of the acknowledgment shall be included in the insurer’s claim file. (2) Not later than the 21st day after receipt of an inquiry from the Director about a claim, furnish the Director with an adequate response. (3) Make an appropriate reply, not later than the 30th day after receipt, to all other pertinent communications about a claim from a claimant that reasonably indicate a response is expected. (4) Upon receiving notification of claim from a first party claimant, promptly provide necessary claim forms, instructions and assistance that is reasonable in the light of the information possessed by the insurer, so that the claimant can comply with the policy conditions and the insurer’s reasonable requirements. Compliance with this section not later than the 30th day after receipt of notification of a claim constitutes compliance with section (1) of this rule. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.230 History: ID 3-1998, f. & cert. ef. 2-10-98 IC 2-1980, f. 5-8-80, ef. 6-1-80
836-080-0230 Standard for Prompt Claim Investigation An insurer shall complete its claim investigation not later than the 45th day after its receipt of notification of claim, unless the investigation cannot reasonably be completed within that time. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.230 History: ID 3-1998, f. & cert. ef. 2-10-98 IC 2-1980, f. 5-8-80, ef. 6-1-80
836-080-0245 Statutory Authority and Purpose (1) OAR 836-080-0245 is adopted pursuant general rulemaking authority in ORS 731.244. (2) For the purpose of complying with ORS 742.053 (3)(b), if a total loss of contents of a residence occurred as a result of a major disaster in a location subject to a state of emergency declaration under ORS 401.165, and the loss was directly related to the emergency that was the subject of the declaration, then the insurer shall be subject to the provisions of ORS 742.053(3)(b)(A)-(E) if the policyholder provides the insurer with a written attestation in a form substantially similar to Exhibit 1 available on the website of the Department of Consumer and Business Services at https://dfr.oregon.gov/laws-rules/Documents/OAR/div80-0245_ex1.pdf. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 742.053 History: ID 56-2023, adopt filed 12/28/2023, effective 01/01/2024
836-080-0250 Workers’ Compensation Insurance Unfair Claim Settlement Practices Standards For the purposes of ORS 746.230(1)(d), the following applies to a workers’ compensation insurer: (1) The insurer is required to conduct a “reasonable” investigation based on all available information in ascertaining whether to deny a claim. A reasonable investigation is whatever steps a reasonably prudent person with knowledge of the legal standards for determining compensbility would take in a good faith effort to ascertain the facts underlying a claim, giving due consideration to the cost of the investigation and the likely value of the claim. (2) In determining whether an investigation is reasonable, the Director will only look at information contained in the claim record at the time of denial. The insurer may not relay on any fact not documented in the claim record at the time of denial to establish that an investigation was reasonable. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.230(1)(d) History: ID 12-1992, f. & cert. ef. 7-1-92
836-080-0305 Statutory Authority; Purpose; Applicability (1) OAR 836-080-0305 to 836-080-0370 are adopted by the Director of the Department of Consumer and Business Services pursuant to the general rulemaking authority in ORS 731.244, to aid in the effectuation of 746.045, 746.055, 746.160, and 746.240. (2) The purpose of these rules is to define certain fair trade practice standards for title companies, the violation of which will be considered to constitute a practice prohibited by ORS 746.045, 746.055, 746.160(3), or 746.240. (3) These rules are intended to regulate the marketing activities of title companies involving only intermediaries. These rules do not limit the Director’s authority to determine that other activities of title companies with any person constitute violations of ORS 746.045, 746.055, 746.160(3), or 746.240. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 9-1996, f. 6-25-96, cert. ef. 7-1-96 IC 3-1980, f. 7-7-80, ef. 8-1-80
836-080-0315 Providing Things of Value to Intermediaries Generally Prohibited (1) A title company shall not, directly or indirectly, give or attempt to give any thing of value to an intermediary unless permitted by OAR 836-080-0320 to 836-080-0340. If more than one provision of OAR 836-080-0320 to 836-080-0340 applies, a title company may give a thing of value to an intermediary pursuant to only one provision. (2) A title company shall also be considered to give a thing of value to an intermediary when the thing of value is given by a person affiliated with the title company. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 9-1996, f. 6-25-96, cert. ef. 7-1-96 ID 11-1988, f. & cert. ef. 6-14-88 IC 3-1983, f. 5-10-83, ef. 6-1-83 IC 3-1980, f. 7-7-80, ef. 8-1-80
836-080-0320 Miscellaneous Things of Value A title company may give a thing of value, except money, to an intermediary if the net cost to the title company is $2 or less per thing of value or individual receiving the thing of value, whichever is applicable, and if the thing of value is used only by the intermediary and not further distributed to other persons, except that the intermediary may distribute the thing of value to other persons if the thing of value is: (1) Printed information about the title company or a person affiliated with the title company; (2) Any service or product offered by the title company or a person affiliated with the title company; or (3) Any business activity of the title company or a person affiliated with the title company. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.045, 746.055, 746.160 & 746.240 History: ID 9-1996, f. 6-25-96, cert. ef. 7-1-96 IC 3-1980, f. 7-7-80, ef. 8-1-80