justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 731 — Administration and General

ORS 731.098. Group health insurance. Group health insurance means that form of health insurance covering groups of persons described in this section, with or without one or more members of their families or one or more of their dependents, or covering one or more members of the families or one or more dependents of such groups of persons, and issued upon one of the following bases: (1) Under a policy issued to an employer or trustees of a fund established by an employer, who shall be deemed the policyholder, insuring employees of such employer for the benefit of persons other than the employer. As used in this subsection, employees includes: (a) The officers, managers and employees of the employer; (b) The individual proprietor or partners if the employer is an individual proprietor or partnership; (c) The officers, managers and employees of subsidiary or affiliated corporations; (d) The individual proprietors, partners and employees of individuals and firms, if the business of the employer and such individual or firm is under common control through stock ownership, contract or otherwise; (e) The trustees or their employees, or both, if their duties are principally connected with such trusteeship; (f) The leased workers of a client employer; and (g) Elected or appointed officials if a policy issued to insure employees of a public body provides that the term employees includes elected or appointed officials. (2) Under a policy issued to an association, including a labor union, that has an active existence for at least one year, that has a constitution and bylaws and that has been organized and is maintained in good faith primarily for purposes other than that of obtaining insurance, which shall be deemed the policyholder, insuring members, employees or employees of members of the association for the benefit of persons other than the association or its officers or trustees. (3) Under a policy issued to the trustees of a fund established by two or more employers in the same or related industry or by one or more labor unions or by one or more employers and one or more labor unions or by an association as described in subsection (2) of this section, insuring employees of the employers or members of the unions or of such association, or employees of members of such association for the benefit of persons other than the employers or the unions or such association. As used in this subsection, employees may include the officers, managers and employees of the employer, and the individual proprietor or partners if the employer is an individual proprietor or partnership. The policy may provide that the term employees includes the trustees or their employees, or both, if their duties are principally connected with such trusteeship. (4) Under a policy issued to any person or organization to which a policy of group life insurance may be issued or delivered in this state, to insure any class or classes of individuals that could be insured under such group life policy. [2013 c.681 7] Note: See note under
ORS Chapter 731 — Administration and General

ORS 731.099. Independently procured insurance. Independently procured insurance means insurance procured directly by an insured from a nonadmitted insurer as defined in ORS 735.405. [2011 c.660 2] Note:
ORS Chapter 731 — Administration and General

ORS 731.100. [Repealed by 1965 c.241 3]
ORS Chapter 731 — Administration and General

ORS 731.102. Insurance. (1) Insurance means a contract whereby one undertakes to indemnify another or pay or allow a specified or ascertainable amount or benefit upon determinable risk contingencies. (2) Insurance so defined includes annuities. (3) Insurance so defined includes a contract under which one other than a manufacturer, builder, seller or lessor of the subject property undertakes to perform or provide, for a fixed term and consideration, repair or replacement service or indemnification therefor for the operational or structural failure of specified real or personal property or property components. Insurance does not include contracts with a telecommunications utility as defined in ORS 759.005, for repair, replacement or maintenance of customer-owned inside wiring. (4) Insurance so defined does not include a contract under which an owner rents or leases an animal to a person or to a public body, as defined in ORS 174.109, if the owner retains an obligation to provide for veterinary care or other needs of the animal.
ORS Chapter 731 — Administration and General

ORS 731.104. Insurance producer. Insurance producer means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance. For purposes of this definition: (1) Negotiate means to confer directly with or to offer advice directly to a purchaser or prospective purchaser of a particular policy of insurance concerning any of the substantive benefits, terms or conditions of the policy, if the person engaged in that act: (a) Sells insurance; or (b) Obtains insurance from insurers for purchasers. (2) Sell means to exchange a policy of insurance by any means, for money or its equivalent, on behalf of an insurer. (3) Solicit means to attempt to sell a policy of insurance or to ask or urge a person to apply for a particular kind of insurance from a particular insurer. [Formerly
ORS Chapter 731 — Administration and General

ORS 731.106. Insurer. Insurer includes every person engaged in the business of entering into policies of insurance.
ORS Chapter 731 — Administration and General

ORS 731.110. [Repealed by 1965 c.241 3]
ORS Chapter 731 — Administration and General

ORS 731.112. Judgment. Judgment includes a final order.
ORS Chapter 731 — Administration and General

ORS 731.114. Limited benefit coverage. Limited benefit coverage means: (1) Health insurance that provides: (a) Coverage for accident only, specific disease or condition only, credit or disability income; (b) Dental only coverage; or (c) Vision only coverage; and (2) Independent, noncoordinated, hospital-only indemnity insurance or other fixed indemnity insurance. [2016 c.11 2] Note:
ORS Chapter 731 — Administration and General

ORS 731.116. Person. Person means an individual or a business entity. For the purpose of this definition, business entity means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity.
ORS Chapter 731 — Administration and General

ORS 731.120. [Repealed by 1965 c.241 3]
ORS Chapter 731 — Administration and General

ORS 731.122. Policy. Policy means the written contract or written agreement for or effecting insurance, by whatever name called, and includes all clauses, riders, indorsements and papers which are a part thereof and annuities.
ORS Chapter 731 — Administration and General

ORS 731.126. Reinsurance. Reinsurance means a contract under which an originating insurer, called the ceding insurer, procures insurance for itself in another insurer, called the assuming insurer or the reinsurer, with respect to part or all of an insurance risk of the originating insurer.
ORS Chapter 731 — Administration and General

ORS 731.130. [Repealed by 1965 c.241 3]
ORS Chapter 731 — Administration and General

ORS 731.132. Required capitalization. Required capitalization means the minimum combined paid-up capital and surplus required by the Insurance Code of a stock insurer, or the minimum surplus so required of an insurer without capital stock.
ORS Chapter 731 — Administration and General

ORS 731.136. State. When used in context signifying a jurisdiction other than the State of Oregon, state means any state, district, territory, commonwealth or possession of the United States of America.
ORS Chapter 731 — Administration and General

ORS 731.140. [Repealed by 1965 c.241 3]
ORS Chapter 731 — Administration and General

ORS 731.142. Stock, mutual and reciprocal insurer. (1) Stock insurer means an incorporated insurer whose capital is divided into shares and owned by its stockholders. (2) Mutual insurer means an incorporated insurer without capital stock and the governing body of which is elected by its policyholders. This definition does not exclude as a mutual insurer a foreign insurer found by the Director of the Department of Consumer and Business Services to be organized on the mutual plan under the laws of its domicile, but having temporary share capital or providing for election of the insurers governing body on a reasonable basis by policyholders and others. (3) Reciprocal insurer means an unincorporated aggregation of persons known as subscribers, operating individually and collectively through an attorney in fact common to all such persons, interexchanging among themselves reciprocal agreements of indemnity.
ORS Chapter 731 — Administration and General

ORS 731.144. Surplus lines insurance. Surplus lines insurance means any insurance on an Oregon home state risk, permitted to be placed through a surplus lines licensee with a nonadmitted insurer eligible to accept such insurance, other than reinsurance, wet marine and transportation insurance, independently procured insurance, life insurance and health insurance and annuities. For purposes of this section, home state has the meaning given that term in ORS 735.405. [1987 c.774 113; 1991 c.810 24; 2011 c.660 20] Note:
ORS Chapter 731 — Administration and General

ORS 731.150. Definitions of classes of insurance not mutually exclusive. It is intended that certain insurance coverages may come within the definitions of two or more classes of insurance as defined in the Insurance Code, and the inclusion of such coverage within one definition shall not exclude it as to any other class of insurance within the definition of which such coverage is likewise reasonably includable.
ORS Chapter 731 — Administration and General

ORS 731.154. Annuity. (1) Annuity or annuity policy means any agreement to make periodic payments, whether fixed or variable in amount, where the making of all or some of such payments, or the amount of any such payment, is dependent upon the continuance of human life, except payments made pursuant to the settlement provisions of a life insurance policy, and includes additional benefits operating to safeguard the policy from lapse or to provide a special surrender value or special benefit or annuity in the event of total and permanent disability of the annuitant. (2) Annuity does not include a charitable remainder annuity trust or a charitable remainder unitrust as defined in section 664(d) of the Internal Revenue Code.
ORS Chapter 731 — Administration and General

ORS 731.156. Variable life insurance; variable annuity. Variable life insurance and variable annuity mean forms of life insurance or annuity benefits, respectively, that vary according to the investment experience of a separate account or accounts maintained by the insurer with respect to policies providing such benefits or are securities under the Securities Act of 1933, 15 U.S.C. 77a et seq., as in effect on January 1, 2024, that vary according to the performance of a benchmark index, rate or fund if the principal or minimum rate of interest is not guaranteed and might be subject to a market value adjustment. For convenience, reference to variable life insurance in the Insurance Code includes variable life insurance and variable annuities as defined in this section, except if the inclusion of variable annuities obviously is inapplicable or if the context requires, or the Insurance Code provides, otherwise.
ORS Chapter 731 — Administration and General

ORS 731.158. Casualty insurance. Casualty insurance means: (1) Insurance against legal, contractual or assumed liability for death, injury or disability of any human, or for damage to property; and provision for medical, hospital, surgical and disability benefits to injured persons including insurance against the risk of economic loss assumed under a less than fully insured employee health benefit plan and funeral and death benefits to dependents, beneficiaries or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as coverage for personal injury protection benefits under a motor vehicle liability policy or as an incidental coverage with or supplemental to liability insurance; (2) Motor vehicle physical damage, burglary and theft, glass, boiler and machinery, credit and livestock insurance; (3) Insurance of the obligations accepted by, imposed upon or assumed by employers under law for death, disablement or occupational diseases of employees; (4) Insurance which undertakes to perform or provide repair or replacement service or indemnification therefor for the operational or structural failure of specified real or personal property or property components; and (5) Insurance against any other kind of loss, damage or liability properly a subject of insurance and not within any other class of insurance otherwise defined, if such insurance is not disapproved by the Director of the Department of Consumer and Business Services as being contrary to law or public policy.
ORS Chapter 731 — Administration and General

ORS 731.162. Health insurance. Health insurance means insurance of humans against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness or childbirth, or against expense incurred in prevention of sickness, in dental care or optometrical service, and every insurance appertaining thereto, including insurance against the risk of economic loss assumed under a less than fully insured employee health benefit plan. Health insurance does not include workers compensation coverages.
ORS Chapter 731 — Administration and General

ORS 731.164. Home protection insurance, home protection insurer. (1)(a) Home protection insurance means that part of casualty insurance that includes only insurance which undertakes to perform or provide repair or replacement service or indemnification therefor for the operational or structural failure of the insured home, components of the home or personal property relating to the home or its components, and does not include protection against consequential damage from the operational or structural failure. (b)(A) Home protection insurance does not include a home service agreement. (B) As used in this paragraph, home service agreement means a contract or agreement for a specific limited duration to: (i) Service, repair or replace in an existing home the mechanical or appliance system or the components that break down due to normal wear and tear or inherent defects; or (ii) Provide incidental service, repair or replacement to cover leaks and failures in roofing systems. (c) As used in this subsection, home means a single living unit or multiple living units, including manufactured dwellings, used primarily as residences. (2) Home protection insurer means an insurer under policies of home protection insurance, other than an insurer transacting other forms of casualty insurance or any form of reinsurance.
ORS Chapter 731 — Administration and General

ORS 731.166. Industrial life insurance. Industrial life insurance means that form of life insurance written under policies of face amount of $2,500 or less, under which premiums are payable monthly or more often and the policy specifies it is an industrial life insurance policy.
ORS Chapter 731 — Administration and General

ORS 731.170. Life insurance; includes annuities. (1) Life insurance means insurance on human lives and every insurance appertaining thereto and includes the granting of endowment benefits, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insureds or premium payers disability and optional modes of settlement of proceeds of life insurance including annuity benefits payable under such a settlement provision. Life insurance does not include workers compensation coverages. (2) For convenience, reference to life insurance in the Insurance Code includes life insurance as defined in subsection (1) of this section and annuities as defined in ORS 731.154, except if the inclusion of annuities obviously is inapplicable or if the context requires, or the Insurance Code provides, otherwise.
ORS Chapter 731 — Administration and General

ORS 731.174. Marine and transportation insurance. Marine and transportation insurance includes: (1) Insurance against any and all kinds of loss of or damage to: (a) Vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of navigation, transit or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders risks, and all personal property floater risks including bailees customers risks; (b) Person or to property in connection with or appertaining to a marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance or use of the subject matter of such insurance (but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance or use of automobiles); (c) Precious stones, jewels, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise and whether the same is in course of transportation or otherwise; and (d) Bridges, tunnels and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion, or any of them, are the only hazards to be covered; piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion or any of them; other aids to navigation and transportation, including dry docks and marine railways, against all risks. (2) Marine protection and indemnity insurance meaning insurance against, or against legal liability of the insured for, loss, damage or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair or construction of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person. [Formerly 745.005]
ORS Chapter 731 — Administration and General

ORS 731.178. Mortgage insurance. Mortgage insurance means insurance against financial loss by reason of: (1) Nonpayment of principal, interest and other sums agreed to be paid under the terms of an obligation secured by a mortgage, deed of trust or other instrument constituting a lien or charge on real or personal property; or (2) Nonpayment of rent and other sums agreed to be paid under the terms of a written lease for the possession, use or occupancy of real property, such insurance also being referred to in the Insurance Code as lease insurance.
ORS Chapter 731 — Administration and General

ORS 731.182. Property insurance. Property insurance means insurance on real or personal property of every kind and of every interest therein, whether on land, water or in the air, against loss or damage from any and all hazard or cause, and against consequential loss from such loss or damage, other than noncontractual legal liability for loss or damage. Property insurance does not include title insurance.
ORS Chapter 731 — Administration and General

ORS 731.186. Surety insurance. Surety insurance means insurance guaranteeing the fidelity of persons holding places of trust, the performance of duties, contracts, bonds and undertakings, including the signing thereof as surety, and insuring the performance of obligations of employers under workers compensation laws by surety bond.
ORS Chapter 731 — Administration and General

ORS 731.190. Title insurance. Title insurance means insurance of owners of property or others having an interest therein or liens or encumbrances thereon, against loss by encumbrance, defective titles, invalidity or adverse claim to title.
ORS Chapter 731 — Administration and General

ORS 731.194. Wet marine and transportation insurance. Wet marine and transportation insurance is that part of marine and transportation insurance that includes only: (1) Insurance upon vessels, crafts, hulls and of interests therein or with relation thereto; (2) Insurance of marine builders risks, marine war risks and contracts referred to in ORS 731.174 (2) or any replacement thereof; (3) Insurance of freights and disbursements pertaining to a subject of insurance coming within this section; (4) Insurance of personal property and interests therein, in course of exportation from or importation into any country, and in course of transportation coastwise or on inland waters, including transportation by land, water, or air from point of origin to final destination, in respect to, appertaining to or in connection with, any and all risks or perils of navigation, transit or transportation, and while being prepared for and while awaiting shipment, and during any delays, storage, transshipment or reshipment incident thereto; (5) Insurance on operations of railroads engaged in transportation in interstate commerce and their property used in such operations; and (6) Insurance of aircraft operated in scheduled interstate flight, or cargo of such aircraft, or against this liability other than workers compensation and employers liability arising out of the ownership, maintenance or use of such aircraft.
ORS Chapter 731 — Administration and General

ORS 731.204. [Formerly 736.495; repealed by 1987 c.373 85]
ORS Chapter 731 — Administration and General

ORS 731.208. [Formerly 736.500; repealed by 1987 c.373 85]
ORS Chapter 731 — Administration and General

ORS 731.212. [1967 c.359 46; repealed by 1987 c.373 85] INSURANCE ADMINISTRATION
ORS Chapter 731 — Administration and General

ORS 731.216. Administrative power of director. The Director of the Department of Consumer and Business Services shall have the power to: (1) Contract for and procure, on a fee or part-time basis, or both, such actuarial, technical or other professional services as may be required for the discharge of duties. (2) Obtain such other services as the director considers necessary or desirable, including participation in organizations of state insurance supervisory officials and appointment of advisory committees. A member of an advisory committee so appointed shall receive no compensation for services as a member, but, subject to any other applicable law regulating travel and other expenses of state officers, shall receive actual and necessary travel and other expenses incurred in the performance of official duties. (3) Establish within the Department of Consumer and Business Services a workers compensation rating bureau to provide rating information that is based upon and relevant to activities conducted in this state, to enable the director to carry out the provisions of ORS chapter 737. In lieu of creating a rating bureau within the department, the director may contract with any rating organization in other states if the director finds that such a contract would provide the information required by this section.
ORS Chapter 731 — Administration and General

ORS 731.220. [Formerly 736.507; repealed by 1987 c.373 85]