justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 742 — Insurance Policies

ORS 742.558. Dispute resolution process for total loss vehicles. (1) An insurer shall pay the insured or third-party owner of a motor vehicle the amount of the motor vehicles value that is not in dispute if the insurer declares the motor vehicle a total loss and the insurer and the insured or third-party owner are unable to agree on the value of the motor vehicle. Acceptance of payment of the undisputed amount neither waives the rights of the insured or third-party owner under the policy nor prevents the insured or third-party owner from pursuing a claim for additional amounts. Payment of the undisputed amount by the insurer does not waive any rights of the insurer under the policy. (2) An insurer is not obligated to pay the undisputed amount under subsection (1) of this section until the insured or third-party owner of the motor vehicle: (a) Agrees to execute documents sufficient to transfer ownership of the motor vehicle to the insurer; and (b) Authorizes the insurer, at the insurers expense, to move the motor vehicle to a disclosed location selected by the insurer, where the motor vehicle will remain available for inspection and evaluation for not fewer than 14 calendar days. (3) After the expiration of the 14-day period under subsection (2) of this section, the insurer may proceed with the salvage sale of the motor vehicle. [2009 c.65 3] Note: See note under
ORS Chapter 742 — Insurance Policies

ORS 742.560. Definitions for ORS 742.560 to 742.572. As used in ORS 742.560 to 742.572: (1) Cancellation means termination of coverage by an insurer, other than termination at the request of the insured, during a policy period. (2) Expiration means termination of coverage by reason of the policy having reached the end of the term for which it was issued or the end of the period for which a premium has been paid. (3) Nonpayment of premium means failure of the named insured to discharge when due any of the insureds obligations in connection with the payment of premiums on the policy, or any installment of such premium, whether the premium is payable directly to the insurer or an insurance producer who is its agent or indirectly under any premium finance plan or extension of credit. (4) Nonrenewal means a notice by an insurer to the named insured that the insurer is unwilling to renew a policy. (5) Policy means any insurance policy that provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage 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, nor rented to others. However, ORS 742.560 to 742.572 do not apply to any policy: (a) Issued under an automobile assigned risk plan; (b) Insuring more than four automobiles; (c) Covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards; or (d) Issued principally to cover personal or premises liability of an insured even though such insurance may also provide some incidental coverage for liability arising out of the ownership, maintenance or use of a motor vehicle on the premises of such insured or on the ways immediately adjoining such premises. (6) Renewal or to renew means to continue coverage for an additional policy period upon expiration of the current policy period of a policy. Any policy with a policy period or term of less than six months shall for the purpose of ORS 742.560 to 742.572 be considered as if written for a policy period or term of six months. Any policy written for a term longer than one year or any policy with no fixed expiration date shall for the purpose of ORS 742.560 to 742.572 be considered as if written for successive policy periods or terms of one year but not extending beyond the actual term for which the policy was written.
ORS Chapter 742 — Insurance Policies

ORS 742.562. Grounds for cancellation of policies; notice required; applicability. (1) A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons: (a) Nonpayment of premium. (b) Fraud or material misrepresentation affecting the policy or in the presentation of a claim thereunder, or violation of any of the terms or conditions of the policy. (c) The named insured or any operator either resident in the same household or who customarily operates an automobile insured under the policy has had driving privileges suspended or revoked pursuant to law during the policy period, or, if the policy is a renewal, during its policy period or the 180 days immediately preceding its effective date. An insurer may not cancel a policy for the reason that the driving privileges of the named insured or operator were suspended pursuant to ORS 809.280 (6) or (8) if the suspension was based on a nondriving offense. (2) This section shall not apply to any policy or coverage which has been in effect less than 60 days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy. (3) This section shall not apply to nonrenewal.
ORS Chapter 742 — Insurance Policies

ORS 742.564. Manner of giving cancellation notice. (1) No notice of cancellation of a policy to which ORS 742.562 applies shall be effective unless mailed or delivered by the insurer to the named insured at least 30 days prior to the effective date of cancellation and accompanied by a statement of the reason or reasons for cancellation, provided, however, that where cancellation is for nonpayment of premium at least 10 days notice of cancellation accompanied by the reason therefor shall be given. (2) This section shall not apply to nonrenewal. [Formerly 743.910]
ORS Chapter 742 — Insurance Policies

ORS 742.566. Renewal of policies; replacement policy in lieu of renewal; requirements for refusal to renew. (1) An insurer shall offer renewal of a policy to an insured, contingent upon payment of premium as stated in the offer, unless the insurer mails or delivers to the named insured, at the address shown in the policy, at least 30 days advance notice of nonrenewal. The notice must contain or be accompanied by a statement of the reason or reasons for nonrenewal. (2)(a) If an insurer offers to an insured, in lieu of a renewal, a replacement policy from a different company that is part of a group of companies that is under the same ownership or control as the insurer, any new terms, rates and policy provisions in the replacement policy take effect on the renewal date if the insurer sends the insured and any insurance producer with whom the insured previously dealt notice at least 45 days before the renewal date. The notice must include the replacement policy or a description of any terms in the replacement policy that differ from the policy that the insurer will not renew. (b) An insured may cancel a replacement policy at any point before the replacement policy becomes effective. (c) Earned premium for any period of time in which a replacement policy was in effect before a cancellation must be calculated pro rata at the lower of the current rate or the previous years rate. (d) If an insured accedes to a replacement policy, any increase in premium or change in policy terms is effective on the day after the previous policy expires. (e) The notice required under this subsection applies only if the company that offers a replacement policy is different from the company that issued the policy that would otherwise be subject to renewal. (3) An insurer need not notify the named insured or any other insured of nonrenewal of the policy if the insurer has mailed or delivered a notice of expiration or cancellation on or prior to the 30th day preceding expiration of the policy period. (4) Notwithstanding an insurers failure to comply with this section, the policy terminates on the effective date of any replacement or succeeding automobile insurance policy, with respect to any automobile designated in both policies. (5) An insurer may not refuse to renew a policy for the reason that the driving privileges of the named insured or any operator either resident in the same household or who customarily operates an automobile insured under the policy were suspended pursuant to ORS 809.280 (6) or (8) if the suspension was based on a nondriving offense.
ORS Chapter 742 — Insurance Policies

ORS 742.568. Proof of cancellation, replacement or nonrenewal notice. Proof of mailing notice of cancellation, notice of replacement, notice of intention not to renew or notice of reasons for cancellation, to the named insured at the address shown in the policy, is sufficient proof of notice.
ORS Chapter 742 — Insurance Policies

ORS 742.570. Notifying insured under canceled or unrenewed policy of eligibility for participation in insurance pool. When automobile bodily injury and property damage liability coverage is canceled, other than for nonpayment of premium, or in the event of failure to renew automobile bodily injury and property damage liability coverage to which ORS 742.566 applies, the insurer shall notify the named insured of possible eligibility for automobile liability insurance through any insurance pool or facility operating in this state, whether voluntarily or under statute or rule. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew. [Formerly 743.925]
ORS Chapter 742 — Insurance Policies

ORS 742.572. Immunity from liability of persons furnishing information regarding cancellation or nonrenewal of policies. There shall be no liability on the part of and no cause of action of any nature shall arise against the Director of the Department of Consumer and Business Services or against any insurer, its authorized representative, its agents, its employees, or any firm, person or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal, for any statement made by any of them in any written notice of cancellation or nonrenewal, or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal, or providing of information pertaining thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith. [Formerly 743.930] (Report by Insurer to Department of Transportation)
ORS Chapter 742 — Insurance Policies

ORS 742.580. Report of cancellation, nonrenewal or issuance of motor vehicle liability policy. Every insurer that issues motor vehicle insurance that is designed to meet either the financial or future responsibility requirements of ORS chapter 806 shall report to the Department of Transportation within 30 days of the day that a person or the insurer cancels or fails to renew such a policy and within 15 days of the day that an insurer issues such a policy. The insurer shall report the persons name and residence address, the vehicle identification number of each vehicle covered by the policy, whether the policy was bought, canceled or not renewed and any other information required by the department by rule under ORS 806.195. [1993 c.746 4] (Personal Vehicle Sharing)
ORS Chapter 742 — Insurance Policies

ORS 742.585. Definitions for ORS 742.585 to 742.600. As used in ORS 742.585 to 742.600: (1) Owners insurance policy means a private passenger motor vehicle liability insurance policy that includes: (a) All coverage necessary to comply with the financial or future responsibility requirements of ORS chapter 806; (b) The personal injury protection coverage required under ORS 742.518 to 742.542; (c) The uninsured motorist coverage required under ORS 742.500 to 742.506; and (d) Any optional coverage selected by the owner. (2) Personal vehicle sharing means the use of a private passenger motor vehicle by persons other than the vehicles registered owner in connection with a personal vehicle sharing program. (3) Personal vehicle sharing program means a legal entity qualified to do business in this state engaged in the business of facilitating the sharing of private passenger motor vehicles for noncommercial use by individuals within this state. (4) Private passenger motor vehicle means a four-wheel passenger or station wagon type motor vehicle insured under a motor vehicle liability insurance policy covering a single individual or individuals residing in the same household as the named insured. (5) Program insurance policy means a motor vehicle liability insurance policy that is obtained by the personal vehicle sharing program and that: (a) Includes all coverage needed to comply with the financial or future responsibility requirements of ORS chapter 806; (b) Includes the personal injury protection coverage required under ORS 742.518 to
ORS Chapter 742 — Insurance Policies

ORS 742.590. Personal vehicle sharing program requirements. For each vehicle that the program facilitates the use of, a personal vehicle sharing program shall: (1) Provide a program insurance policy with coverage for the vehicle, the designated operator of the vehicle and all persons who, with the consent of the named insured, use the motor vehicle insured under the policy. The limits for any coverage included in the program insurance policy that is also included in the owners insurance policy must be equal to or greater than the coverage limits provided in the owners insurance policy, as reported to the program by the owner. However, the program may not provide liability coverage that is less than three times the limits specified in ORS 806.070. (2) Provide the vehicles registered owner with a proof of compliance with the insurance requirements of this section and the financial or future responsibility requirements of ORS chapter 806, a copy of which must be maintained in the vehicle by the vehicles registered owner at all times when the vehicle is operated by any person other than the vehicles registered owner pursuant to the program. (3) Collect, maintain and make available to the vehicles registered owner, the vehicles registered owners primary motor vehicle liability insurer and any government agency as required by law, at the cost of the program: (a) Verifiable electronic records that identify the date and time, initial and final locations of the vehicle and miles driven when the vehicle is under the control of a person other than the vehicles registered owner pursuant to the program; and (b) Any information concerning damages or injuries arising out of personal vehicle sharing pursuant to the program. (4) Not knowingly permit the vehicle to be operated as a commercial vehicle by a personal vehicle sharing user while engaged in personal vehicle sharing. For the purposes of this subsection, commercial vehicle has the meaning given that term in ORS 826.001. (5) Ensure that the vehicle is a private passenger motor vehicle. (6) Facilitate the installation, operation and maintenance of signage and computer hardware and software necessary for the vehicle to be used in the program. (7) Indemnify the vehicles registered owner for the cost of damage or theft of equipment installed under subsection (6) of this section and any damage caused to the vehicle by the installation, operation or maintenance of the equipment. (8) Provide the vehicles registered owner and any person operating the vehicle pursuant to the program with a disclosure that contains information explaining the requirements of this section. [2011 c.457 3] Note: See note under
ORS Chapter 742 — Insurance Policies

ORS 742.600. Limitation on insurance policy reclassification for personal vehicle sharing program vehicle. A private passenger motor vehicle insured by the vehicles registered owner under an owners insurance policy may not be classified as a commercial motor vehicle, for-hire motor vehicle, permissive use motor vehicle or livery solely because the vehicles 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 vehicles 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
ORS Chapter 742 — Insurance Policies

ORS 742.690. Limitations on cancellation; refusal to issue or renew insurance. (1) An insurer offering casualty insurance or commercial liability insurance may not cancel or refuse to issue or renew a policy solely on the basis that the policyholder holds a public office. (2) An insurer offering casualty insurance or commercial liability insurance may not include a provision in the insurance contract limiting coverage under the contract solely on the basis that the policyholder holds a public office. [1997 c.778 2] (Commercial Liability Policies)
ORS Chapter 742 — Insurance Policies

ORS 742.700. Definitions for ORS 742.700 to 742.710. As used in ORS 742.700 to 742.710: (1) Cancellation means termination of a policy at a date other than its expiration date. (2) Expiration date means the date upon which coverage under a policy ends. For a policy written for a term longer than one year or with no fixed expiration date, expiration date means the annual anniversary date of the policy. (3) Nonpayment of premium means the failure or inability of the named insured to discharge any obligation in connection with the payment of premium on a policy of insurance subject to ORS 742.700 to 742.710, whether the payments are payable directly to the insurer or an insurance producer who is its agent or indirectly payable under a premium finance plan or extension of credit. (4) Nonrenewal means the refusal of an insurer to renew a policy at its expiration date. (5) Renewal or renew means the issuance of, or the offer to issue by an insurer, a policy succeeding a policy previously issued and delivered by the same insurer or the issuance of a certificate or notice extending the terms of an existing policy for a specified period beyond its expiration date.
ORS Chapter 742 — Insurance Policies

ORS 742.702. Grounds for cancellation; notice. (1) Except as provided in ORS 742.710, 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 companys 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. (3) This section does not apply to policies canceled because of action by an insurer under ORS 731.482. [Formerly 743.942]
ORS Chapter 742 — Insurance Policies

ORS 742.704. Hearing. Within 30 days after receiving a notice of cancellation under ORS 742.702, an insured may request a hearing before the Director of the Department of Consumer and Business Services. The purpose of this hearing shall be limited to establishing the existence of the proof or evidence given by the insurer in its notice of cancellation. The burden of proving the reason for cancellation shall be upon the insurer. [Formerly 743.944]
ORS Chapter 742 — Insurance Policies

ORS 742.706. Renewal; nonrenewal. (1) If an insurer offers or purports to renew a commercial liability policy, but on terms less favorable to the insured or at higher rates, the new terms or rates may take effect on the renewal date, if the insurer provides the insured, and the insurance producer if any, 45 days written notice. If the insurer does not provide such notice, the insured may cancel the renewal policy within 45 days after receipt of the notice or delivery of the renewal policy. Earned premium for the period of time the renewal policy was in force shall be calculated pro rata at the lower of the current or previous years rate. If the insured accepts the renewal, any premium increase or changes in terms shall be effective immediately following the prior policys expiration date. (2) Nonrenewal of a commercial liability policy shall not be effective until at least 45 days after the insured receives a written notice of nonrenewal. If, after an insurer provides a notice of nonrenewal as described in this subsection, the insurer extends the policy 90 days or less, an additional notice of nonrenewal is not required with respect to the extension. (3) Subsection (1) of this section does not apply: (a) If the change is a rate, form or plan filed with the Director of the Department of Consumer and Business Services and applicable to the entire line of insurance or class of business to which the policy belongs; or (b) To a premium increase based on the altered nature or extent of the risk insured against. (4) If a commercial liability policy is issued for a term longer than one year, and for additional consideration a premium is guaranteed, the insurer may not refuse to renew the policy or increase the premium for the term of that policy.
ORS Chapter 742 — Insurance Policies

ORS 742.708. Proof of receipt of notice. A post office certificate of mailing to the named insured at the named insureds last-known address shall constitute conclusive proof that the named insured received the notice of cancellation or nonrenewal on the third calendar day after the date of the certificate of mailing. [Formerly 743.948]
ORS Chapter 742 — Insurance Policies

ORS 742.710. Exemptions from provisions of ORS 742.700 to 742.708. (1) ORS 742.700 to 742.708 do not apply to: (a) Any commercial liability insurance policy that has not been previously renewed if the policy has been in effect less than 60 days at the time notice of cancellation is mailed or otherwise delivered. (b) Any policy subject to the provisions of ORS 742.560 to 742.572. (c) Workers compensation insurance. (d) Any assigned risk program. (e) Any excess liability insurance policy, including any commercial umbrella policy and any excess umbrella policy. (2) The Director of the Department of Consumer and Business Services may suspend, in whole or in part, the applicability of ORS 742.700 to 742.708 to any insurer if, in the directors discretion, its application will endanger the ability of the insurer to fulfill its contractual obligations. [Formerly 743.950; 2005 c.185 15] _______________
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.010. [Repealed by 1957 c.448 27] GENERAL PROVISIONS