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

ORS 742.011. Insurable interest in property. No policy of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss. [Formerly 743.033]
ORS Chapter 742 — Insurance Policies

ORS 742.013. Representations in applications. (1) All statements and descriptions in any application for an insurance policy by or in behalf of the insured, shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealments of facts and incorrect statements shall not prevent a recovery under the policy unless the misrepresentations, omissions, concealments of fact and incorrect statements: (a) Are contained in a written application for the insurance policy, and a copy of the application is indorsed upon or attached to the insurance policy when issued; (b) Are shown by the insurer to be material, and the insurer also shows reliance thereon; and (c) Are either: (A) Fraudulent; or (B) Material either to the acceptance of the risk or to the hazard assumed by the insurer. (2) This section does not apply to surety insurance. [Formerly 743.042]
ORS Chapter 742 — Insurance Policies

ORS 742.016. Policy constitutes entire contract; oral representations by insured. (1) Except as provided in ORS 742.043, every contract of insurance shall be construed according to the terms and conditions of the policy. When the contract is made pursuant to a written application therefor, if the insurer delivers a copy of such application with the policy to the insured, thereupon such application shall become a part of the insurance policy. Any application that is not so delivered to the insured shall not be a part of the insurance policy and the insurer shall be precluded from introducing such application as evidence in any action based upon or involving the policy. Any oral representations by the insured that are not included in an application shall not be a part of the insurance policy and the insurer shall be precluded from introducing such representations as evidence in any action based upon or involving the policy. (2) If any life or health insurance policy is reinstated or renewed, and the insured or assignee or beneficiary with a vested interest under such policy shall make written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within 30 days after the receipt at its home or branch office of such request and of satisfactory evidence of such requesting beneficiarys vested interest, deliver or mail to the person making such request a copy of such application. If such copy shall not be so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action based upon or involving such policy or its reinstatement or renewal. (3) This section does not apply to surety insurance. [Formerly 736.305 and then 743.045]
ORS Chapter 742 — Insurance Policies

ORS 742.018. Provision for construction according to foreign law prohibited. No policy of insurance shall contain any condition, stipulation or agreement requiring such policy to be construed according to the laws of any other state or country. Any such condition, stipulation or agreement shall be invalid. [Formerly 736.315 and then 743.048]
ORS Chapter 742 — Insurance Policies

ORS 742.020. [Amended by 1965 c.611 4; repealed by 1967 c.359 704]
ORS Chapter 742 — Insurance Policies

ORS 742.021. Standard provisions in general. (1) Insurance policies shall contain such standard or uniform provisions as are required by the applicable provisions of the Insurance Code. However, the insurer may at its option substitute for one or more of such provisions corresponding provisions of different wording approved by the Director of the Department of Consumer and Business Services which are in each instance not less favorable in any respect to the insured or the beneficiary. (2) If any standard or uniform provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy the insurer, with the approval of the director, shall omit from such policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy. (3) Except as provided in subsection (2) of this section, no policy shall contain any provision inconsistent with or contradictory to any standard or uniform provision used or required to be used. [Formerly 743.051]
ORS Chapter 742 — Insurance Policies

ORS 742.023. Contents of policies in general. (1) Every policy shall specify: (a) The names of the parties to the contract. (b) The subject of the insurance. (c) The hazards or perils insured against. (d) The time when the insurance thereunder takes effect and the period during which the insurance is to continue. (e) The premium. (f) The conditions and provisions pertaining to the insurance. (2) If under the policy the exact amount of premium is determinable only at stated intervals or termination of the contract, a statement of the basis and rates upon which the premium is to be determined and paid shall be included. (3) This section does not apply to surety insurance policies, or to group life or health insurance policies. [Formerly 743.054]
ORS Chapter 742 — Insurance Policies

ORS 742.026. Underwriters and combination policies. (1) Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters policy bearing their names. Any one insurer may issue policies in the name of an underwriters department and such policy shall plainly show the true name of the insurer. (2) Two or more insurers may, with the approval of the Director of the Department of Consumer and Business Services, issue a combination policy which shall contain provisions substantially as follows: (a) That the insurers executing the policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or for specified percentages or amounts thereof, aggregating the full amount of insurance under the policy, and (b) That service of process, or of any notice or proof of loss required by such policy, upon any of the insurers executing the policy, shall constitute service upon all such insurers. (3) This section does not apply to co-surety obligations. [Formerly 743.057]
ORS Chapter 742 — Insurance Policies

ORS 742.028. Additional policy contents. A policy may contain additional provisions not inconsistent with the Insurance Code and which are: (1) Required to be inserted by the laws of the insurers domicile; (2) Necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obligations of the parties to the contract; or (3) Desired by the insurer and neither prohibited by law nor in conflict with any provisions required to be included therein. [Formerly 743.060]
ORS Chapter 742 — Insurance Policies

ORS 742.030. [Repealed by 1967 c.359 704]
ORS Chapter 742 — Insurance Policies

ORS 742.031. Bankruptcy clause required in certain liability policies. A policy of insurance against loss or damage resulting from accident to or injury suffered by an employee or other person and for which the person insured is liable, or against loss or damage to property caused by horses or by any vehicle drawn, propelled or operated by any motive power, and for which loss or damage the person insured is liable, shall contain within such policy a provision substantially as follows: Bankruptcy or insolvency of the insured shall not relieve the insurer of any of its obligations hereunder. If any person or legal representative of the person shall obtain final judgment against the insured because of any such injuries, and execution thereon is returned unsatisfied by reason of bankruptcy, insolvency or any other cause, or if such judgment is not satisfied within 30 days after it is rendered, then such person or legal representatives of the person may proceed against the insurer to recover the amount of such judgment, either at law or in equity, but not exceeding the limit of this policy applicable thereto. [Formerly 743.783 and then 743.772]
ORS Chapter 742 — Insurance Policies

ORS 742.033. Charter and bylaw provisions. No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer (other than the subscribers agreement or power of attorney of a reciprocal insurer) a part of the contract unless such portion is set forth in full in the policy. Any policy provision in violation of this section shall be invalid. [Formerly 743.063]
ORS Chapter 742 — Insurance Policies

ORS 742.036. Assessment policies, special contents. Every policy issued on the assessment plan, and the form of any application for such a policy to be signed by the applicant, shall have conspicuously printed near the top of the face thereof in boldfaced type of a size not smaller than used for any caption in the policy or application, as applicable, the words The policyholder is subject to assessment by the company or such other words as the Director of the Department of Consumer and Business Services may require. [Formerly 743.066]
ORS Chapter 742 — Insurance Policies

ORS 742.038. Validity and construction of noncomplying forms. (1) A policy in violation of the Insurance Code, but otherwise binding on the insurer, shall be held valid, but shall be construed as provided in the Insurance Code. (2) Any insurance policy issued and otherwise valid which contains any condition, omission or provision not in compliance with the Insurance Code, shall not be thereby rendered invalid but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy been in full compliance with the Insurance Code. [Formerly 743.069]
ORS Chapter 742 — Insurance Policies

ORS 742.040. [Amended by 1965 c.611 6; repealed by 1967 c.359 704]
ORS Chapter 742 — Insurance Policies

ORS 742.041. Permissible classes of insurance in one policy. (1) Except as provided in this section, when more than one class of insurance as defined in ORS 731.150 to 731.194 is effected by an insurer each class shall be written in a separate and distinct policy. Any such policy may be canceled, surrendered or otherwise terminated without affecting other premiums paid or policies held by the same insured. (2) Except as provided in this section, the same policy shall not include insurance coverages as to which the liability of the insurer for unearned premiums or the reserve for unpaid, deferred or undetermined loss claims is estimated in a different manner. (3) Insurance in one policy may be effected upon automobiles and vehicles, and the accessories and other property transported upon and used in connection therewith, against loss or damage by fire, collision and explosion, and against loss by legal liability for damage to persons or property, or both, resulting from the maintenance, use or operation of such automobiles or vehicles, and against loss by burglary, embezzlement or theft, or any one or more of them. Premiums and losses for such insurance are to be reported to the Director of the Department of Consumer and Business Services under the title automobile insurance. For this purpose an insurer need not use the standard fire insurance policy required by ORS 742.202. (4) Insurance in one policy may be effected against loss or damage of property and against personal injury and death, and liability therefor, from explosion of steam boilers, tanks and engines, pipes and machinery connected therewith, and breakage of flywheels and machinery. Premiums and losses for such insurance are to be reported to the director under the title steam boiler insurance. (5) Insurance under the classes of life and health insurance may be effected in one policy. (6) Insurance in one policy effected against any physical loss or damage occurring to properties may include coverage as to other perils, either on an unspecified basis as to coverage or for a single premium. (7) Insurance in one policy effected against loss or destruction of baggage while traveling which is written on a single premium nonrenewable basis may include travel ticket health insurance benefits. (8) Insurance under more than one class of insurance may be effected in one policy if the director finds that the issuance of the policy is in the best interest of the public.
ORS Chapter 742 — Insurance Policies

ORS 742.043. Binders. (1) Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable indorsements as are designated in the binder, except as superseded by the clear and express terms of the binder. (2) Except as provided in subsection (3) of this section and ORS 746.195, within 90 days after issue of a binder a policy shall be issued in lieu thereof, including within its terms the identical insurance bound under the binder and the premium therefor. (3) If the policy has not been issued a binder may be extended or renewed beyond such 90 days with the written approval of the Director of the Department of Consumer and Business Services, or in accordance with such rules relative thereto as the director may promulgate. (4) This section does not apply to life or health insurance. [Formerly 743.075]
ORS Chapter 742 — Insurance Policies

ORS 742.046. Delivery of policy; website posting as alternative to delivery. (1) Subject to the insurers requirements for paying premiums, the insurer shall mail or deliver every policy to the insured or to the person entitled to the policy within a reasonable period of time after the insurer issues the policy, unless the insured has not met a condition required by the insurer. (2) If the insurer delivers or deposits, or must deliver or deposit, the original policy to or with any vendor, mortgagee or pledgee of any motor vehicle, and the original policy insures the vendees, mortgagors or pledgors interest in or with reference to the motor vehicle, the vendor, mortgagee or pledgee shall deliver a duplicate or memorandum of the policy that sets forth the name and address of the insurer, the insurance classification of the vehicle, the type of coverage, the limits of liability, premiums for the respective coverages and the duration of the policy to each vendee, mortgagor or pledgor that is named in the policy or that is within the group of persons the policy specifies must be included. If the policy does not cover legal liability for injury to persons or damage to the property of third parties, the face of the duplicate policy or memorandum must conspicuously state, in writing, in print or with a stamp, that the policy does not provide such coverage. This subsection does not apply to inland marine floater policies. (3) Notwithstanding the requirements set forth in subsections (1) and (2) of this section and the consent and notice requirements set forth in ORS 84.070 (2), an insurer may post on the insurers website a standard property and casualty insurance policy and endorsements that do not have personally identifiable information. If the insurer posts an insurance policy and endorsements on the insurers website in lieu of mailing or delivering the insurance policy and endorsements to the insured, the insurer shall: (a) Ensure that the insurance policy and endorsements are easily accessible for as long as the insurance policy is in force; (b) Archive expired policies and endorsements for five years after the policies expire and make archived policies available upon request; (c) Post the policy and endorsements in a manner that enables the insured to use software that is free of charge and widely available on the Internet to save and print the policy and endorsements; (d) Provide in, or simultaneously with, each declarations page that the insurer provides at the time the insurer issues or renews the policy: (A) A description of the exact policy and endorsements that the insurer purchased; (B) A statement that advises the insured of the right to request and obtain, without charge, a printed copy of the insureds policy and endorsements and instructions for making the request; and (C) The Internet address at which the insurer posted the insureds policy and endorsements; and (e) Notify the insured, in the manner in which the insurer customarily communicates with the insured, of any changes to the policy or endorsements.
ORS Chapter 742 — Insurance Policies

ORS 742.048. Effective date and time of coverage; applicability. (1) Except as provided in subsections (2), (4) and (5) of this section, every policy of insurance shall contain a provision stating that coverage commences at 12:01 a.m. of the date upon which the insurance takes effect. (2) A policy of insurance may provide that the time at which coverage commences shall not be prior to the time at which the policy of insurance is applied for. (3) Any statement of time in a policy shall mean time according to the legal standard of time in effect: (a) If the policy insures real property, at the location of such property; or (b) If the policy does not insure real property, at the principal place of business within Oregon of the insured; or, if the insured has no place of business within Oregon, at the residence within Oregon of the insured. (4) A binder or other contract for temporary insurance may commence coverage at an hour different from 12:01 a.m. in order to provide coverage from the agreed hour of commencement of coverage to 12:01 a.m. of the date on which the written policy as to which such binder or other contract was issued takes effect. (5) This section does not apply to life, health, mortgage, title, surety or wet marine and transportation insurance. [Formerly 743.080]
ORS Chapter 742 — Insurance Policies

ORS 742.051. Renewal by certificate. Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable, may be renewed or extended at the option of the insurer, if renewed or extended upon a currently authorized policy form at the premium rate then required therefor, for a specific additional period or periods by certificate or by indorsement of the policy, without requiring the issuance of a new policy. [Formerly 743.081]
ORS Chapter 742 — Insurance Policies

ORS 742.056. Certain conduct not deemed waiver. Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of or estoppel to assert any provision of a policy or of any defense of the insurer thereunder: (1) Acknowledgment of the receipt of notice of loss or claim under the policy. (2) Furnishing forms for reporting a loss or claim, for giving information relative thereto, or for making proof of loss, or receiving or acknowledging receipt of any such forms or proofs completed or uncompleted. (3) Investigating any loss or claim under the policy or engaging in negotiations looking toward a possible settlement of any such loss or claim. [Formerly 743.096]
ORS Chapter 742 — Insurance Policies

ORS 742.058. Return of premium on destruction of property. (1) In the event of the total destruction of any insured property, if the total amount of loss or agreed loss is less than the total amount insured thereon, the insurer or insurers shall return to the insured the portion of insurance premium paid for the excess of the insurance over the loss. This amount shall be paid at the same time and in the same manner as the loss. (2) This section does not apply to insurance on stocks of merchandise or property of fluctuating values where the reduced rate percentage clause is made a part of the policy. [Formerly 744.090 and then 743.111]
ORS Chapter 742 — Insurance Policies

ORS 742.060. [Amended by 1965 c.611 10; repealed by 1967 c.359 704]
ORS Chapter 742 — Insurance Policies

ORS 742.061. Recovery of attorney fees in action on policy or contractors bond. (1) Except as otherwise provided in subsections (2) and (3) of this section, if settlement is not made within six months from the date proof of loss is filed with an insurer and an action is brought in any court of this state upon any policy of insurance of any kind or nature, and the plaintiffs recovery exceeds the amount of any tender made by the defendant in such action, a reasonable amount to be fixed by the court as attorney fees shall be taxed as part of the costs of the action and any appeal thereon. If the action is brought upon the bond of a contractor or subcontractor executed and delivered as provided in ORS 279B.055, 279B.060, 279C.380 or 701.430 and the plaintiffs recovery does not exceed the amount of any tender made by the defendant in such action, a reasonable amount to be fixed by the court as attorney fees shall be taxed and allowed to the defendant as part of the costs of the action and any appeal thereon. If in an action brought upon such a bond the surety is allowed attorney fees and costs and the contractor or subcontractor has incurred expenses for attorney fees and costs in defending the action, the attorney fees and costs allowed the surety shall be applied first to reimbursing the contractor or subcontractor for such expenses. (2) Subsection (1) of this section does not apply to actions to recover personal injury protection benefits if, in writing, not later than six months from the date proof of loss is filed with the insurer: (a) The insurer has accepted coverage and the only issue is the amount of benefits due the insured; and (b) The insurer has consented to submit the case to binding arbitration. (3) Subsection (1) of this section does not apply to actions to recover uninsured or underinsured motorist benefits if, in writing, not later than six months from the date proof of loss is filed with the insurer: (a) The insurer has accepted coverage and the only issues are the liability of the uninsured or underinsured motorist and the damages due the insured; and (b) The insurer has consented to submit the case to binding arbitration.
ORS Chapter 742 — Insurance Policies

ORS 742.063. Filing and approval of liability form that includes cost of defense within limits of liability. (1) A liability insurance form that provides that the cost of defending a claim is included within the stated limits of liability may not be delivered or issued for delivery in this state until the form has been filed with and approved by the Director of the Department of Consumer and Business Services. In determining whether to approve or disapprove a form filed under this section, the director shall consider, in addition to the factors specified in ORS 742.005, the circumstances and insurance needs of the proposed insureds. (2) A liability insurance form filed under this section may not be approved unless the form contains a statement approved by the director disclosing that the costs of defending a claim under the policy are included in the policy limits. [Formerly 743.115]