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

ORS 742.362. Release of surety on depository bond; provision required in such bonds. (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 officials 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]
ORS Chapter 742 — Insurance Policies

ORS 742.364. Fixing amount of new bond after release from original. Whenever a notice is filed, or filed and served, as provided in ORS 742.358, 742.360 and 742.362, or received after mailed as provided in ORS 742.366, the proper authority shall prescribe the penalty or amount in which a new or additional bond or undertaking shall be filed. If no such order is made the new or additional bond or undertaking shall be executed for the same amount as the original. [Formerly 747.170 and then 743.753]
ORS Chapter 742 — Insurance Policies

ORS 742.366. Cancellation of bond by surety. (1) As used in this section: (a) Bond means any undertaking, recognizance or other obligation required by statute, ordinance or regulation to be executed by a surety and given to a public body by any person as a condition to the granting of a permit, license or franchise by a public body. (b) Public body means the state and any department, agency, board or commission of the state, any city, county, school district or other political subdivision or municipal or public corporation, any instrumentality thereof and any court. (2) The surety may cancel a bond by sending notice of cancellation by registered or certified mail to the public body with which the bond is filed and to the principal at the principals address of record with the surety. Such cancellation takes effect on the date specified in the notice but not earlier than the 30th day after the date of mailing. The surety shall have no liability under the bond for an act or default occurring after the effective date of such cancellation. (3) Notwithstanding subsection (2) of this section, a statute, ordinance, regulation or the provisions of a bond may provide procedures for release of surety on a bond. [Formerly 743.755]
ORS Chapter 742 — Insurance Policies

ORS 742.368. Surety insurer may not deny power to execute bond; construction of policies. A surety insurer executing any bond or undertaking under the provisions of the Insurance Code is estopped in any proceeding, to deny its corporate power to execute such bond or undertaking or to assume such liability, and all such bonds or undertakings shall in any action be construed by the rules applicable to insurance policies and indemnity contracts. [Formerly 747.180 and then 743.756]
ORS Chapter 742 — Insurance Policies

ORS 742.370. Bond construed as including omitted statutory provisions. Whenever any person is required by the provisions of any statute to give a bond to this state or any of its political subdivisions and the statute requires to be included therein any specific provisions, the bond shall have the same legal effect as though such provisions were included therein, although such provisions were omitted. [Formerly 747.190 and then 743.759]
ORS Chapter 742 — Insurance Policies

ORS 742.372. Guaranteed arrest bond certificate. As used in ORS 742.374 and 742.376, guaranteed arrest bond certificate means any printed certificate which: (1) Is issued by an automobile club or automobile association to any of its members; (2) Is signed by the member to whom it is issued; and (3) Contains a printed statement that the automobile club or automobile association and a named surety insurer guarantee the appearance of the member whose signature appears on the certificate and that, if the member does not make the appearance in court to guarantee which the certificate is posted, they will pay in an amount not to exceed $1,000 any fine or forfeiture imposed against the individual. [Formerly 747.082 and then 743.762]
ORS Chapter 742 — Insurance Policies

ORS 742.374. Surety may issue guaranteed arrest bond certificate not to exceed $1,000. Upon compliance with ORS 742.376, any authorized domestic or foreign surety insurer may become surety in an amount not to exceed $1,000 with respect to any unexpired guaranteed arrest bond certificate that is issued by an automobile club or association. [Formerly 747.084 and then 743.765]
ORS Chapter 742 — Insurance Policies

ORS 742.376. Requirements to issue guaranteed arrest bond certificate. To become surety under ORS 742.374 with respect to an unexpired guaranteed arrest bond certificate that is accepted during any year under ORS 810.320, the surety insurer shall file with the Director of the Department of Consumer and Business Services on a form prescribed by the director an undertaking so to become surety for that year. The undertaking shall state: (1) The name and address of each automobile club or automobile association with respect to any guaranteed arrest bond certificate of which the surety insurer undertakes to be surety; and (2) The unqualified obligation of the surety insurer to pay the fine or forfeiture in an amount not to exceed $1,000 with respect to any individual who: (a) Posts an unexpired guaranteed arrest bond certificate with respect to which under this section the surety insurer has undertaken to be surety; and (b) Fails to make the appearance in court to guarantee which the guaranteed arrest bond certificate was posted. [Formerly 747.086 and then 743.768] REIMBURSEMENT INSURANCE FOR SERVICE CONTRACTS
ORS Chapter 742 — Insurance Policies

ORS 742.390. Reimbursement insurance policy; contents; definitions. (1) A reimbursement insurance policy insuring service contracts issued, sold or offered for sale in this state shall conspicuously state that, upon failure of the obligor to perform under the contract, the insurer that issued the policy shall pay on behalf of the obligor any sums the obligor is legally obligated to pay or shall provide the service that the obligor is legally obligated to perform according to the obligors contractual obligations under the service contracts issued by the obligor. (2) For purposes of this section and ORS 742.392: (a) Obligor has the meaning given in ORS 646A.152. (b) A reimbursement insurance policy is a policy of insurance providing reimbursement coverage for all obligations and liabilities under the terms of the service contract issued by the obligor including claims against the obligor for return of the unearned purchase price of the service contract. (c) Service contract has the meaning given in ORS 646A.154. [1995 c.801 7] Note:
ORS Chapter 742 — Insurance Policies

ORS 742.392. Termination of reimbursement insurance policy. An insurer that issues a reimbursement insurance policy shall not terminate the policy until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. The notice of termination shall be mailed or delivered to the director at least 30 days prior to the date of termination. The termination of a reimbursement insurance policy shall not reduce the issuers responsibility for service contracts sold by or on behalf of obligors prior to the date of the termination. [1995 c.801 8] Note: See note under
ORS Chapter 742 — Insurance Policies

ORS 742.405. Conditions for issuance of medical malpractice insurance. (1) No insurer may require membership in a professional association as a condition of issuance of medical malpractice insurance to a physician. However, nothing in this subsection prohibits an insurer from requiring as a condition of coverage of a nonmember that the nonmember agrees to be subject to reasonable risk management, loss control or other similar programs and conditions to which members are subject, whether imposed by the insurer or the association. (2) No insurer who issues medical malpractice insurance to a physician may assess any surcharge or offer any discount to the physician based on whether or not the physician is a member of a professional association. (3) For purposes of this section, joint underwriting associations and risk retention groups shall be considered insurers. [Formerly 743.771] Note:
ORS Chapter 742 — Insurance Policies

ORS 742.407. Prohibition against refusing defense or indemnification of health practitioner or health care facility based on disclosure of adverse event or participation in discussion or mediation. (1) As used in this section: (a) Adverse event means a negative consequence of patient care that is unanticipated, is usually preventable and results in or presents a significant risk of patient injury. (b) Claim means a written demand for restitution for an injury alleged to have been caused by the medical negligence of a health practitioner or licensed health care facility. (c) Health practitioner means a person described in ORS 31.740 (1). (d) Patients family includes: (A) A parent, sibling or child by marriage, blood, adoption or domestic partnership. (B) A foster parent or foster child. (2) An insurer may not decline or refuse to defend or indemnify a health practitioner or a health care facility with respect to a claim, for any reason that is based on: (a) The disclosure to the patient or the patients family by the health practitioner or facility of an adverse event or information relating to the cause of an adverse event; (b) A notice of adverse health care incident filed under ORS 31.262; or (c) Participation in a discussion or mediation under ORS 31.264 or 31.268. (3) A policy or contract of insurance or indemnity may not include a provision or term excluding or limiting coverage based on: (a) The disclosure to a patient or the patients family by a health practitioner or facility of an adverse event or information relating to the cause of an adverse event; (b) A notice of adverse health care incident filed under ORS 31.262; or (c) Participation in a discussion or mediation under ORS 31.264 or 31.268. (4) An insurer may establish requirements and policy provisions for coverage of payments of compensation made under ORS 31.264 or as a result of a mediation under ORS 31.268. Requirements and policy provisions established under this subsection may not be intended to or have the effect of preventing meaningful participation in discussions and mediations under ORS 31.264 and 31.268. (5) An insurer may not provide or be required to provide information related to an adverse health care incident as defined in ORS 31.260 for credentialing purposes. [Formerly 743.056; 2021 c.271 4] Note:
ORS Chapter 742 — Insurance Policies

ORS 742.440. [2007 c.272 12; renumbered 735.643 in 2023] MOTOR VEHICLE LIABILITY INSURANCE (Issuance of Proof of Insurance)
ORS Chapter 742 — Insurance Policies

ORS 742.447. Proof of insurance. (1) Every insurer that issues motor vehicle insurance that is designed to meet either the financial or future responsibility requirements of ORS chapter 806 shall issue with the policy proof of insurance that shows the effective date and the expiration date of the insurance. (2) An insurer may provide proof of insurance under this section by issuing a card or, if the insured agrees, through electronic means. (3) Nothing in this section requires an insurer to provide proof of insurance at any time other than when the policy is issued or renewed. [1993 c.746 1; 2013 c.108 1] Note:
ORS Chapter 742 — Insurance Policies

ORS 742.449. Prohibition on assignment to high risk category on certain grounds. An insurer issuing motor vehicle liability insurance policies in this state may not assign an insured or applicant for insurance to a higher risk category than the person would otherwise be assigned to solely because the person has: (1) Let a prior motor vehicle liability policy lapse, unless the person was in violation of ORS 806.010 at any time after the prior policy lapsed; or (2) Had driving privileges suspended pursuant to ORS 809.280 (6) or (8) if the suspension is based on a nondriving offense.
ORS Chapter 742 — Insurance Policies

ORS 742.454. Liabilities that need not be covered. The motor vehicle liability insurance policy required by ORS 806.010, 806.060, 806.080, 806.240 or 806.270 need not insure any liability under any workers compensation law; nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of a vehicle; nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured. [Formerly 486.546 and then 743.778]
ORS Chapter 742 — Insurance Policies

ORS 742.456. When insurers liability accrues; nonforfeiture provisions. The liability of an insurer with respect to the motor vehicle liability insurance policy required by ORS 806.060, 806.240 or 806.270 shall become absolute whenever injury or damage covered by the policy occurs. The policy may not be canceled or annulled as to such liability by any agreement between the insurer and the insured after the occurrence of the injury or damage. No statement made by the insured or on behalf of the insured and in violation of the policy shall defeat or void the policy. This section does not apply to motor vehicle liability insurance policies other than those required in connection with ORS 806.060, 806.240 or 806.270. [Formerly 486.551 and then 743.779]
ORS Chapter 742 — Insurance Policies

ORS 742.458. General provisions governing liability policies. Every motor vehicle liability insurance policy shall be subject to the following provisions, which need not be contained therein: (1) The policy, the written application therefor, if any, and any rider or indorsement that does not conflict with the laws relating to motor vehicle liability insurance policies shall constitute the entire contract between the parties. (2) The satisfaction by the insured of a judgment for injury or damage shall not be a condition precedent to the right or duty of the insurer to make payment on account of such injury or damage. (3) Any binder issued pending the issuance of a motor vehicle liability insurance policy shall be deemed to fulfill the requirements for such a policy. [Formerly 486.556 and then 743.781]
ORS Chapter 742 — Insurance Policies

ORS 742.460. Insurers right to provide for reimbursement and proration. Any motor vehicle liability insurance policy may provide that the insured shall reimburse the insurer for any payment the insurer would not have been obligated to make under the terms of the policy except for the provisions of ORS 742.450 to 742.464, 806.080 and 806.270 and it may further provide for the prorating of the insurance thereunder with other valid and collectible insurance.
ORS Chapter 742 — Insurance Policies

ORS 742.462. Insurers right to settle claims. The insurer shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in respect to a motor vehicle liability insurance policy. [Formerly 486.564 and then 743.784]
ORS Chapter 742 — Insurance Policies

ORS 742.464. Excess coverage permitted; combining policies to meet requirements. Any policy which grants the coverage required for a motor vehicle liability insurance policy under ORS 742.450, 806.080 and 806.270 may also grant any lawful coverage in excess of or in addition to the required coverage, and such excess or additional coverage shall not be subject to the provisions of ORS 742.031,
ORS Chapter 742 — Insurance Policies

ORS 742.466. Disputes over coverage for physical damage; independent appraisal; rules. (1) In the event of a dispute between the insurer and insured under a motor vehicle liability policy concerning coverage for physical damage, if the policy contains a provision authorizing the insured to obtain an independent appraisal by a competent and disinterested person of the physical damage, that provision shall apply. An independent appraisal conducted under this section shall be performed by a person who has been issued a vehicle appraiser certificate under ORS 819.480 or a person who has been issued a vehicle appraiser certificate or license by another state or government body. (2) When a motor vehicle liability policy contains a provision for resolving a dispute through appraisal of a motor vehicle insured under the policy, the insurer shall reimburse the insured for the reasonable appraisal costs if the final appraisal decision under the policy provision is greater than the amount of the insurers last offer prior to the incurrence of the appraisal costs. (3) If a motor vehicle liability policy does not contain a provision described in subsection (1) of this section, then notwithstanding any other provision of the policy, any resolution of the dispute shall be subject to rules adopted by the Director of the Department of Consumer and Business Services.
ORS Chapter 742 — Insurance Policies

ORS 742.468. Certain policies not considered motor vehicle liability policies. For purposes of statutes mandating kinds or amounts of coverage that motor vehicle liability policies must contain, the following shall not be considered motor vehicle liability policies: (1) Comprehensive general liability policies. (2) Excess liability policies. (3) Umbrella liability policies. [1993 c.709 10] (Motorcycle Discount)
ORS Chapter 742 — Insurance Policies

ORS 742.480. Appropriate premium charge reduction for certain motorcycle insurance policies. (1) A rate, rating plan or rating system filed with the Director of the Department of Consumer and Business Services for a motor vehicle insurance policy offering liability, personal injury protection or collision coverage shall provide an appropriate reduction in premium charges for such coverage if: (a) The principal operator of a covered motorcycle has successfully completed a motorcycle rider education course established under ORS 802.320. The course must be completed no more than three years prior to the beginning of the policy period for which the discounted rate applies. (b) The motorcycle is not classified, for underwriting purposes, as used for a business. (2) If the person qualifying for a premium reduction under subsection (1) of this section is the principal operator of two or more motorcycles, the premium discount applies to only one motorcycle. No more than one premium discount may be applied to one motorcycle. (3) If a motor vehicle insurance policy insures motorcycles and other vehicles, the appropriate reduction in premium charges applies only to the motorcycle portion of the policy. [2009 c.771 2] Note:
ORS Chapter 742 — Insurance Policies

ORS 742.483. Effective period for premium reduction. Except as otherwise provided in this section, the premium reduction required under ORS 742.480 shall be effective for an insured for a three-year period after successful completion of the approved course. [2009 c.771 3] Note: See note under
ORS Chapter 742 — Insurance Policies

ORS 742.486. Issuance and presentation of certificates for motorcycle rider education course. An organization offering a motorcycle rider education course established under ORS 802.320 shall issue a certificate to each person who successfully completes the course. The person shall present the certificate to an insurer to qualify for the premium reduction required under ORS 742.480. [2009 c.771 4] Note: See note under
ORS Chapter 742 — Insurance Policies

ORS 742.490. Premium reduction; conditions; application. (1) Any rate, rating plan or rating system filed with the Director of the Department of Consumer and Business Services for a motor vehicle insurance policy offering liability, personal injury protection or collision coverage, shall provide an appropriate reduction in premium charges for such coverage if: (a) The principal operator of the covered vehicle is an insured 55 years of age or older. (b) The principal operator of the covered vehicle has successfully completed, within the appropriate time as specified in this subsection, a motor vehicle accident prevention course approved by the Department of Transportation. To meet the requirements of this subsection, a course must be completed no more than three years prior to the beginning of the policy period for which the discounted rate applies if the person is less than 70 years of age at the time of taking the course or no more than two years prior to the beginning of the policy period for which the discounted rate applies if the person is 70 years of age or more at the time of taking the course. (c) There are no persons under 25 years of age who regularly operate the vehicle. (d) The vehicle is not classified for underwriting purposes as used for a business. (2) If the person qualifying for a premium reduction under subsection (1) of this section is the principal operator of two or more vehicles, the premium discount shall apply to only one vehicle. No more than one premium discount may be applied to one vehicle. [1989 c.379 2,4]
ORS Chapter 742 — Insurance Policies

ORS 742.492. Duration of reduction. Except as otherwise provided in this section, the premium reduction required by ORS 742.490 (1) shall be effective for an insured for a three-year period after successful completion of the approved course if the person is less than 70 years of age at the time of taking the course or for a two-year period after successful completion of an approved course if the person is 70 years of age or more at the time of taking the course. An insurer may require, as a condition of maintaining the discount, that the insured: (1) Not be involved in an accident for which the insured is at fault; and (2) Not be convicted of or plead guilty or nolo contendere to a moving traffic violation.
ORS Chapter 742 — Insurance Policies

ORS 742.494. Certification of completion of course. Any organization offering a motor vehicle accident prevention course approved by the Department of Transportation shall issue a certificate to each person who successfully completes the course. The person shall present the certificate to an insurer to qualify for the premium discount required under ORS 742.490 (1).
ORS Chapter 742 — Insurance Policies

ORS 742.496. Limitation on qualification for discount. No person shall receive a discount under ORS 742.490 to 742.494 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] (Uninsured Motorist Coverage)