reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.505 - Arbitration procedures under ORS 742.504.

Unless the parties agree otherwise, arbitration proceedings under ORS 742.504 shall be conducted as follows:
(1) Parties to an arbitration proceeding shall submit the dispute to arbitration by a panel of three arbitrators. The panel shall consist of one arbitrator chosen by each party and one arbitrator chosen by the two arbitrators previously chosen to sit on the panel.
(2) An arbitration proceeding shall be conducted under local court rules in the county where the arbitration is held. [2007 c.328 §2]
Note:
742.505 was added to and made a part of ORS chapter 742 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.506 - Allocation of responsibility among insurers.

Notwithstanding the contrary provisions of any policy, the provisions of ORS 742.504 (9) shall control allocation of responsibility between insurers, except that if all policies potentially involved expressly allocate responsibility between insurers, or self-insurers, without repugnancy, then the terms of the policies shall control. [Formerly 743.795; 2015 c.5 §6]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.510 - Property damage coverage for damage to vehicle caused by uninsured vehicle.

(1) Every insurer issuing motor vehicle liability insurance policies on private passenger motor vehicles or on self-propelled mobile homes for delivery in this state shall have for sale coverage for property damage to a vehicle of the insured caused by an uninsured vehicle. Coverage offered under this section shall be at least the amount prescribed to meet the requirements of ORS 806.070 for insurance for injury to or destruction of the property of others in any one accident.
(2) A policy with the coverage described in this section does not cover the first $300 of property damage to the covered motor vehicle as the result of an accident with a hit-and-run vehicle or phantom vehicle. In all other cases the first $200 damage is not covered.
(3) Coverage for property damage described in this section:
(a) Applies only to the amount of damages the insured may be legally entitled to recover.
(b) Does not include coverage for loss of use of the covered vehicle. [Formerly 743.797; 1991 c.768 §5]
Note:
See note under 742.508.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.521 - Conditions applicable to arbitration proceedings.

(1) Arbitration proceedings under ORS 742.520 shall be conducted under local court rules in the county where the arbitration is held.
(2) Findings and awards made in an arbitration proceeding under this section:
(a) Are binding on the parties to the arbitration proceeding;
(b) Are not binding on any other party; and
(c) May not be used for the purpose of collateral estoppel. [2007 c.328 §3]
Note:
742.521 was added to and made a part of ORS chapter 742 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.522 - Binding arbitration under ORS 742.520; costs.

(1) Costs to the insured of the arbitration proceeding under ORS 742.520 (6) shall not exceed $100 and all other costs of arbitration shall be borne by the insurer.
(2) As used in this section, "costs" does not include attorney fees or expenses incurred in the production of evidence or witnesses or the making of transcripts of the arbitration proceedings. [Formerly 743.802; 2007 c.328 §9]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.525 - Provider charges.

(1) Except as provided in subsection (2) of this section, a provider shall charge a person who receives personal injury protection benefits or that person’s insurer the lesser of:
(a) An amount that does not exceed the amount the provider charges the general public; or
(b) An amount that does not exceed the fee schedules for medical services published pursuant to ORS 656.248 for expenses of medical, hospital, dental, surgical and prosthetic services.
(2) For expenses of hospital services that are subject to the adjusted cost-to-charge ratio specified for a hospital in the hospital fee schedule published pursuant to ORS 656.248, a provider of hospital services shall charge a person who receives personal injury protection benefits or that person’s insurer the greater of:
(a) The amount of the hospital charges multiplied by the adjusted cost-to-charge ratio specified for the hospital; or
(b) Ninety percent of the hospital charges. [2003 c.813 §4; 2005 c.341 §4; 2011 c.707 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.526 - Primary nature of benefits.

(1) The personal injury protection benefits with respect to:
(a) The insured and members of the family of the insured residing in the same household injured while occupying the insured motor vehicle shall be primary.
(b) Passengers injured while occupying the insured motor vehicle shall be primary.
(c) The insured and members of family residing in the same household injured as pedestrians shall be primary.
(d) The insured and members of family residing in the same household injured while occupying a motor vehicle not insured under the policy shall be excess.
(e) Pedestrians injured by the insured motor vehicle, other than the insured and members of family residing in the same household, shall be excess over any other collateral benefits to which the injured person is entitled, including but not limited to insurance benefits, governmental benefits or gratuitous benefits.
(2) The personal injury protection benefits may be reduced or eliminated, if it is so provided in the policy, when the injured person is entitled to receive, under the laws of this state or any other state or the United States, workers’ compensation benefits or any other similar medical or disability benefits. [Formerly 743.810]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.528 - Notice of denial of payment of benefits.

An insurer who denies payment of personal injury protection benefits to or on behalf of an insured shall:
(1) Provide written notice of the denial, within 60 calendar days of receiving a claim from the provider, to the insured, stating the reason for the denial and informing the insured of the method for contesting the denial; and
(2) Provide a copy of the notice of the denial, within 60 calendar days of receiving a claim from the provider, to a provider of services under ORS 742.524 (1)(a). [Formerly 743.812; 1993 c.265 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.529 - Payment based on incorrect determination of responsibility; notice; repayment.

If personal injury protection benefits are paid based on information that appeared to establish proof of loss and the insurer paying the benefits later determines the insurer was not responsible for the payment, the insurer shall give notice and explanation to the provider that the payment was incorrectly issued. Immediately after receiving the notice and explanation the provider shall promptly repay the insurer. [2007 c.692 §3]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.530 - Exclusions from coverage.

(1) The insurer may exclude from the coverage for personal injury protection benefits any injured person who:
(a) Intentionally causes self-injury;
(b) Is participating in any prearranged or organized racing or speed contest or practice or preparation for any such contest; or
(c) Willfully conceals or misrepresents any material fact in connection with a claim for personal injury protection benefits.
(2) The insurer may exclude from the coverage for the benefits required by ORS 742.524 (1)(b) and (c) any person injured as a pedestrian in an accident outside this state, other than the insured person or a member of that person’s family residing in the same household. [Formerly 743.815; 2005 c.341 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.532 - Benefits may be more favorable than those required by ORS 742.520, 742.524 and 742.530.

Nothing in ORS 742.518 to 742.542 is intended to prevent an insurer from providing more favorable benefits than the personal injury protection benefits described in ORS 742.520, 742.524 and 742.530. [Formerly 743.820]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.534 - Reimbursement of other insurers paying benefits; arbitrating issues of liability and amount of reimbursement.

(1) Except as provided in ORS 742.544, every authorized motor vehicle liability insurer whose insured is or would be held legally liable for damages for injuries sustained in a motor vehicle accident by a person for whom personal injury protection benefits have been furnished by another such insurer, or for whom benefits have been furnished by an authorized health insurer, shall reimburse such other insurer for the benefits it has so furnished if it has requested such reimbursement, has not given notice as provided in ORS 742.536 that it elects recovery by lien in accordance with that section and is entitled to reimbursement under this section by the terms of its policy. Reimbursement under this subsection, together with the amount paid to injured persons by the liability insurer, shall not exceed the limits of the policy issued by the insurer.
(2) In calculating such reimbursement, the amount of benefits so furnished shall be diminished in proportion to the amount of negligence attributable to the person for whom benefits have been so furnished, and the reimbursement shall not exceed the amount of damages legally recoverable by the person.
(3) Disputes between insurers as to such issues of liability and the amount of reimbursement required by this section shall be decided by arbitration.
(4) Findings and awards made in such an arbitration proceeding are not admissible in any action at law or suit in equity.
(5) If an insurer does not request reimbursement under this section for recovery of personal injury protection payments, then the insurer may only recover personal injury protection payments under the provisions of ORS 742.536 or 742.538. [Formerly 743.825; 1993 c.709 §7; 2007 c.392 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.538 - Subrogation rights of insurers to certain amounts received by injured person; recovery actions against persons causing injury.

If a motor vehicle liability insurer has furnished personal injury protection benefits, or a health insurer has furnished benefits, to a person who was injured in a motor vehicle accident and the interinsurer reimbursement benefit of ORS 742.534 is not available under the terms of that section, the insurer has not elected recovery by lien as provided in ORS 742.536, and the insurer is entitled by the terms of the insurer’s policy to the benefit of this section:
(1) Subject to ORS 742.544, the insurer is entitled to the proceeds of any settlement or judgment that results from the exercise of any rights of recovery the injured person has against any person legally responsible for the accident, to the extent of the benefits the insurer furnished less the insurer’s share of expenses, costs and attorney fees the injured person incurred in connection with the recovery.
(2) The injured person shall hold in trust for the benefit of the insurer the amount to which the insurer is entitled under this section, which may not exceed the amount of benefits the insurer furnished.
(3) The injured person shall do whatever is proper to secure, and may not prejudice, the rights an insurer has under this section.
(4) If requested in writing by the insurer, the injured person shall take, in the injured person’s name and through any representative the insurer designates who is not in conflict in interest with the injured person, such action as is necessary or appropriate to recover the amounts to which the insurer is entitled under this section, including amounts for the injured person’s share of expenses, costs and attorney fees that the insurer incurred in connection with the recovery.
(5) In calculating respective shares of expenses, costs and attorney fees under this section, the basis of allocation must be the respective proportions borne to the total recovery by:
(a) Benefits the insurer furnished; and
(b) The total recovery less the benefits the insurer furnished.
(6) The injured person shall execute and deliver to the insurer instruments and papers as are appropriate to secure the rights and obligations of the insurer and the injured person as established by this section.
(7) Any provisions in a motor vehicle liability insurance policy or health insurance policy giving rights to the insurer relating to subrogation or the subject matter of this section must be construed and applied in accordance with the provisions of this section. [Formerly 743.830; 2019 c.460 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.542 - Effect of personal injury protection benefits paid.

Payment by a motor vehicle liability insurer of personal injury protection benefits for its own insured shall be applied in reduction of the amount of damages that the insured may be entitled to recover from the insurer under uninsured or underinsured motorist coverage for the same accident but may not be applied in reduction of the uninsured or underinsured motorist coverage policy limits. [Formerly 743.835; 1997 c.808 §10]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.546 - Required disclosure in release for bodily injuries related to personal injury protection benefits.

(1) When a motor vehicle liability insurer obtains a release for bodily injuries within 60 calendar days following an accident from a person who is eligible to receive personal injury protection benefits under ORS 742.518 to 742.542, the release must state that, subject to the motor vehicle liability insurer’s applicable limits of liability, the rights of an insurer furnishing personal injury protection to recover payments made for medical benefits from the motor vehicle liability insurer are not impaired.
(2) Nothing in this section impairs the rights of a motor vehicle liability insurer to contest a recovery claim from an insurer furnishing personal injury protection, based upon liability or the reasonableness or necessity of medical benefits paid by the insurer furnishing personal injury protection. [2009 c.545 §2]
Note:
742.546 and 742.548 were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.548 - Required language in disclosure; conditions for rescission of release.

If a representative of a motor vehicle liability insurer obtains a release for a claim of bodily injuries in person from a person who is eligible to receive personal injury protection benefits under ORS 742.518 to 742.542:
(1) The representative of the insurer must provide the eligible person with a clear and conspicuous notice substantially similar to the following, which shall be incorporated into the insurer’s release or provided in a separate document:
______________________________________________________________________________
THE DOCUMENT YOU ARE BEING ASKED TO SIGN IS A BINDING CONTRACT THAT CONCLUDES YOUR CLAIM(S) AGAINST THE PARTIES IT IDENTIFIES. AFTER YOU SIGN IT YOU WILL NOT BE ABLE TO MAKE ANY FURTHER CLAIM(S) AGAINST THESE PARTIES.
______________________________________________________________________________
(2) The eligible person may rescind the release if the person provides the insurer written notice of rescission no later than five business days after the execution of the release and then promptly performs all other requisite acts for rescission of a contract. For the purposes of this subsection, notice of rescission is provided to an insurer on the date and time shown on a properly addressed proof of mailing or electronic transmission. [2009 c.545 §3]
Note:
See note under 742.546.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.554 - Disclosures required by insurer to motor vehicle owner when insurer declares vehicle total loss.

When an insurer declares a motor vehicle a total loss and offers to make a cash settlement to an insured or third-party owner of the motor vehicle, the insurer shall provide the insured or third-party owner:
(1) Any valuation or appraisal reports relied upon by the insurer to determine value; and
(2) A written statement in a form provided by the Director of the Department of Consumer and Business Services that includes:
(a) Information about total loss, vehicle valuation and the duties of the insurer; and
(b) The manner in which and under what circumstances the insured may contact the Division of Financial Regulation of the Department of Consumer and Business Services. [2009 c.65 §2; 2017 c.17 §55]
Note:
742.554 and 742.558 were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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 vehicle’s 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 insurer’s 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 742.554.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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 insured’s 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. [Formerly 743.900; 2003 c.364 §103; 2007 c.71 §239]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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. [Formerly 743.905; 1991 c.860 §7a; 2011 c.355 §23]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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 year’s 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 insurer’s 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. [Formerly 743.916; 1991 c.860 §7b; 2011 c.355 §24; 2017 c.250 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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. [Formerly 743.920; 2017 c.250 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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 person’s 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]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.585 - Definitions for ORS 742.585 to 742.600.

As used in ORS 742.585 to 742.600:
(1) "Owner’s 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 vehicle’s 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 742.542;
(c) Includes the uninsured motorist coverage required under ORS 742.500 to 742.506;
(d) Includes comprehensive property damage coverage for the vehicle;
(e) Includes collision property damage coverage for the vehicle; and
(f) Does not include any other optional coverage selected by the owner of the vehicle and included in the owner’s insurance policy. [2011 c.457 §2]
Note:
742.585 to 742.600 were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 742 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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 owner’s insurance policy must be equal to or greater than the coverage limits provided in the owner’s 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 vehicle’s 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 vehicle’s registered owner at all times when the vehicle is operated by any person other than the vehicle’s registered owner pursuant to the program.
(3) Collect, maintain and make available to the vehicle’s registered owner, the vehicle’s registered owner’s 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 vehicle’s 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 vehicle’s 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 vehicle’s 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 742.585.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.600 - Limitation on insurance policy reclassification for personal vehicle sharing program vehicle.

A private passenger motor vehicle insured by the vehicle’s registered owner under an owner’s insurance policy may not be classified as a commercial motor vehicle, for-hire motor vehicle, permissive use motor vehicle or livery solely because the vehicle’s 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 vehicle’s 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 742.585.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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. [Formerly 743.940; 2003 c.364 §104]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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 company’s 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]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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 year’s rate. If the insured accepts the renewal, any premium increase or changes in terms shall be effective immediately following the prior policy’s 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. [Formerly 743.946; 2003 c.364 §105; 2005 c.102 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 742.708 - Proof of receipt of notice.

A post office certificate of mailing to the named insured at the named insured’s 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]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 742 - Insurance Policies Generally; Property and Casualty Policies › Section 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 director’s discretion, its application will endanger the ability of the insurer to fulfill its contractual obligations. [Formerly 743.950; 2005 c.185 §15]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 743 - Health and Life Insurance and Annuities › Section 743.004 - Submission of information by carriers offering health benefit plans.

(1) Each carrier offering a health benefit plan shall submit to the Director of the Department of Consumer and Business Services on or before April 1 of each year a report that contains:
(a) The following information for the preceding year that is derived from the exhibit of premiums, enrollment and utilization included in the carrier’s annual report:
(A) The total number of members;
(B) The total amount of premiums;
(C) The total amount of costs for claims;
(D) The medical loss ratio;
(E) The average amount of premiums per member per month; and
(F) The percentage change in the average premium per member per month, measured from the previous year.
(b) The following aggregate financial information for the preceding year that is derived from the carrier’s annual report:
(A) The total amount of general administrative expenses, including identification of the five largest nonmedical administrative expenses;
(B) The total amount of the surplus maintained;
(C) The total amount of the reserves maintained for unpaid claims;
(D) The total net underwriting gain or loss; and
(E) The carrier’s net income after taxes.
(2) A carrier shall electronically submit the information described in subsection (1) of this section in a format and according to instructions prescribed by the Department of Consumer and Business Services by rule.
(3) The department shall evaluate the reporting requirements under subsection (1)(a) of this section by the following market segments:
(a) Individual health benefit plans;
(b) Health benefit plans for small employers;
(c) Health benefit plans for employers described in ORS 743B.010; and
(d) Health benefit plans for employers that are not small employers.
(4) The department shall make the information reported under this section available to the public through a searchable public website on the Internet. [Formerly 743.748]
Note:
Definitions for 743.004 may be found in 743B.005.