reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.125 - Limitation on coverage of eye care services.

(1) As used in this section:
(a) "Health care service contractor" has the meaning given that term in ORS 750.005.
(b) "Independent practice association" has the meaning given that term in ORS 743B.001.
(2) An insurer or a health care service contractor that has a contract with an independent practice association to provide eye care services may not limit coverage of eye care services only to services provided by a physician if the eye care services are covered services and are within the lawful scope of practice of a licensed optometrist. [2005 c.442 §2]
Note:
746.125 was added to and made a part of ORS chapter 746 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 746 - Trade Practices › Section 746.130 - Insurance connected to sale or rental of property; prohibition; exceptions; charges.

(1) No insurer shall participate in any plan to offer or effect in this state, as an inducement to the purchase or rental by the public of any property or services, any insurance for which there is no separate charge to the insured. No person shall arrange the sale of any such insurance.
(2) Subsection (1) of this section does not apply to:
(a) Home protection insurance or other insurance offered as a guarantee of the performance of property and designed to protect the purchasers or users of such property;
(b) Title insurance; or
(c) Credit life or credit health insurance as defined in ORS 743.371.
(3) The charge for any insurance incidental to the purchase or rental by the public of any property or services shall be in accordance with rates on file with the Director of the Department of Consumer and Business Services. [1967 c.359 §580; 1969 c.336 §16; 1981 c.247 §20; 1993 c.265 §9]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.135 - Genetic tests and information; rules.

(1) If a person asks an applicant for insurance to take a genetic test in connection with an application for insurance, the use of the test shall be revealed to the applicant and the person shall obtain the specific authorization of the applicant using a form adopted by the Director of the Department of Consumer and Business Services by rule.
(2) A person may not use favorable genetic information to induce the purchase of insurance.
(3) A person may not use genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy for hospital or medical expenses.
(4) A person may not use genetic information about a blood relative to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance.
(5) For purposes of this section, "blood relative," "genetic information" and "genetic test" have the meanings given those terms in ORS 192.531. [1995 c.680 §8; 2001 c.588 §17]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.137 - Reimbursement of private emergency responder’s actual expenses in emergency response.

(1) As used in this section:
(a) "Emergency" has the meaning given that term in ORS 401.025.
(b) "Private emergency responder" means a private hazardous materials response team, and individuals working under the direction of the private hazardous materials response team, that provides subject matter expertise or technical experience that may be called upon to participate in the response to an emergency.
(2) When the insurer of a liable party is obligated to reimburse a private emergency responder for services provided in response to an emergency, the insurer shall reimburse the private emergency responder for the actual costs incurred for emergency response, including, but not limited to, costs associated with mobile laboratories, tools and equipment for handling hazardous materials and other specialized equipment. [2015 c.720 §2]
Note:
746.137 was added to and made a part of ORS chapter 746 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 746 - Trade Practices › Section 746.140 - Sale of life insurance with securities; written proposal; application of securities law.

(1) Every insurer or insurance producer soliciting an offer to buy or selling life insurance in correlation with the sale of securities shall furnish the prospect with a clear and unambiguous written proposal prior to the signing of the application by the applicant.
(2) The written proposal shall be dated and signed by the insurance producer, or by the insurer if no insurance producer is involved, and left with the prospect. The written proposal shall be on a form which has been filed with the Director of the Department of Consumer and Business Services. If a sale is made of both life insurance and securities, a duplicate copy of the written proposal left with the buyer shall be retained by the insurer for a period of not less than three years.
(3) Each such proposal shall:
(a) State the name of the insurer in which the life insurance is to be written;
(b) State that the prospect has the right to purchase the life insurance only, the securities only or both the life insurance and the securities;
(c) Contain no misrepresentations or false, deceptive or misleading words, figures or statements;
(d) State all material facts without which the proposal would have the capacity or tendency to mislead or deceive; and
(e) Set forth all matters pertaining to life insurance, including premium charges, separately from matters not pertaining to life insurance.
(4) This section shall not be construed to affect the application of any other provision of law concerning or regulating securities. [Formerly 739.562; 2003 c.364 §139]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.145 - Workers’ compensation insurance; combination of group of employers; purpose; conditions.

(1) Notwithstanding ORS 737.600, but subject to all other rate filing requirements of ORS chapter 737, an insurer may combine for dividend purposes the experience of a group of employers covered for workers’ compensation insurance by the insurer, subject to applicable rules adopted by the Director of the Department of Consumer and Business Services, if:
(a) All the employers in the group are members of an organization.
(b) The employers in the group constitute at least 50 percent of the employers in the organization, unless the number of covered workers in the group exceeds 500, in which case the employers in the group must constitute at least 25 percent of the employers in the organization.
(c) The grouping of employers is likely to substantially improve accident prevention, claims handling for the employers and reduce expenses.
(2) This section does not apply to an organization of employers for which organization a workers’ compensation policy was lawfully issued before October 4, 1977. The policy required by ORS 656.419 shall contain for each employer covered thereby the information required by ORS 656.419 (2). When an employer becomes an insured member of the organization the insurer shall, within 30 days after the date insured membership commenced, file a notice thereof with the director. [1977 c.405 §3; 1983 c.706 §3; 1990 c.1 §5; 2003 c.170 §11; 2007 c.241 §29]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.147 - Workers’ compensation insurance; quoting premiums.

An insurer or insurance producer offering workers’ compensation insurance in Oregon shall not quote projected net insurance premiums based upon figures that are discretionary or terms that are not guaranteed in the workers’ compensation insurance policy. [1999 c.868 §3; 2003 c.364 §140]
Note:
746.147 was added to and made a part of ORS chapter 746 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 746 - Trade Practices › Section 746.150 - Other insurance; combination of experience of group of persons or risks; purpose; rules; conditions.

(1) For property, inland marine, casualty or surety insurance, an insurer may combine for dividend purposes the experience of a group of persons or risks any of which are within this state, except for workers’ compensation insurance done in compliance with ORS 746.145 and subject to rules adopted by the Director of the Department of Consumer and Business Services.
(2) The director shall make reasonable rules regarding such dividend groupings as an aid to the effectuation and enforcement of the Insurance Code. Such rules shall have as their purpose the prevention of misrepresentation, unfair discrimination and other unfair trade practices, and may among other things require that:
(a) Such a grouping comprises substantially homogeneous risks.
(b) The organization under the auspices of which such a grouping is made has been in existence for at least two years and was formed for purposes other than that of obtaining insurance.
(c) A substantial improvement in loss prevention or claims handling will be a likely result of such a grouping.
(d) Information regarding eligibility for participation in the grouping and the system for allocation of dividends among the participants be filed with the director.
(3) An insurer shall not unfairly discriminate in the allocation of dividends among the participants in such a dividend grouping.
(4) The system for allocation of dividends among the participants may provide for allocation at a fixed percentage of premiums, or may provide for variations in the percentage of premiums paid as dividends, or may provide for other variations in determining the amounts of dividends allocated to participants. The variations may be based on loss or expense factors or on other reasonable considerations, such as risk size, risk location or industry or trade hazard classification, that have a probable effect on losses or expenses.
(5) Failure to apply in a consistent manner the dividend allocation system specified in an insurer’s dividend declaration shall be prima facie evidence of unfair discrimination. [1977 c.405 §4; 1983 c.706 §4; 1999 c.59 §230]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.155 - Applicability of ORS 746.145 and 746.150.

ORS 746.145 and 746.150 do not apply to groupings or combinations of persons or risks by way of common ownership or common use and control as permitted under ORS 737.600. [1977 c.405 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.160 - Practices injurious to free competition.

Except as otherwise expressly provided by law, no person, either within or outside of this state, directly or indirectly, shall enter into any contract, understanding or combination with any insurer or manager, agent or representative thereof for the purpose of, nor shall any such persons or insurers, jointly or severally do any act or engage in any practice for the purpose of:
(1) Controlling the rates to be charged, or the commissions or other compensations to be paid, for insuring any risk or class of risks in this state;
(2) Discriminating against or differentiating from any insurer, manager or agent, by reason of the plan or method of transacting business or the affiliation or nonaffiliation with any board or association of insurers, managers, agents or representatives; or
(3) Doing anything which is detrimental to free competition in the business or injurious to the insuring public. [Formerly 736.615]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.195 - Insurance on property securing loan or credit; certain practices by depository institutions prohibited.

(1) A depository institution may not:
(a) Solicit the sale of insurance for the protection of real or personal property after a person indicates interest in securing a loan or credit extension, until the depository institution has agreed to make the loan or credit extension;
(b) Refuse to accept a written binder issued by an insurance producer as proof that temporary insurance exists covering the real or personal property that is the subject matter of, or security for, a loan or extension of credit, and that a policy of insurance will be issued covering that property. A written binder issued by an insurance producer or insurer covering real or personal property that is the subject matter of, or security for, a loan or extension of credit shall be effective until a policy of insurance is issued in lieu thereof, including within its terms the identical insurance bound under the binder and the premium therefor, or until notice of the cancellation of the binder is received by the borrower and the depository institution extending credit or offering the loan. When a depository institution closes on a binder under ORS 742.043, the insurance producer or insurer issuing the binder shall be bound to provide a policy of insurance, equivalent in coverage to the coverage set forth in the binder, within 60 days from the date of the binder. The provisions of this paragraph do not apply when prohibited by federal or state statute or regulations; or
(c) Use or disclose to any other insurance producer, other than the original insurance producer, the information relating to a policy of insurance furnished by a borrower unless the original insurance producer fails to deliver a policy of insurance within 60 days prior to expiration to the depository institution without first procuring the written consent of the borrower.
(2) As used in this section, "depository institution" means a financial institution as that term is defined in ORS 706.008. [1977 c.742 §4; 1987 c.916 §10; 2003 c.363 §12; 2003 c.364 §144a]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.213 - Definitions for ORS 746.213 to 746.219.

As used in ORS 746.213 to 746.219:
(1) "Affiliate" means any company that controls, is controlled by or is under common control with another company.
(2) "Customer" means an individual who purchases, applies to purchase or is solicited to purchase insurance products primarily for personal, family or household purposes.
(3) "Depository institution" means a financial institution as that term is defined in ORS 706.008. [2003 c.363 §2]
Note:
746.213 to 746.219 were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 746 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.217 - Disclosures to customers.

(1) A depository institution that sells insurance, and any person that sells insurance on behalf of a depository institution, or on the premises of a depository institution where the depository institution is engaged in the business of taking deposits or making loans, shall disclose to the customer in writing, when practicable and in a clear and conspicuous manner, prior to a sale, that the insurance:
(a) Is not a deposit;
(b) Is not insured by the Federal Deposit Insurance Corporation or any other federal government agency;
(c) Is not guaranteed by the depository institution or an affiliate of the depository institution if applicable, or any person that is selling insurance if applicable; and
(d) When appropriate, involves investment risk, including the possible loss of value.
(2) The requirements of subsection (1) of this section apply:
(a) To an affiliate of a depository institution only to the extent that it sells insurance on the premises of a depository institution where the depository institution is engaged in the business of taking deposits or making loans or on behalf of a depository institution.
(b) When an individual purchases insurance primarily for personal, family or household purposes and only to the extent that the disclosure would be accurate.
(3) For the purpose of subsection (1) of this section, a person is selling insurance on behalf of a depository institution, whether on the premises of the depository institution or at another location, if either one of the following applies:
(a) The person represents to the customer that the sale of the insurance is by or on behalf of the depository institution; or
(b) The depository institution refers a customer to the person that sells insurance and the depository institution has a contractual arrangement to receive commissions or fees derived from the sale of insurance resulting from the referral. [2003 c.363 §4]
Note:
See note under 746.213.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.219 - Investigatory powers.

(1) The Director of the Department of Consumer and Business Services may examine and investigate the insurance activities of any person that the director believes may be in violation of ORS 746.213, 746.215 or 746.217. Upon request and reasonable notice, a person shall make its insurance books and records available to the director and the director’s staff for inspection. An affected person may submit to the director a complaint or material pertinent to the enforcement of ORS 746.213, 746.215 and 746.217.
(2) Nothing in ORS 746.213, 746.215 or 746.217 prevents a depository institution or an affiliate of a depository institution that lends money or extends credit or other lender or seller from placing insurance on real or personal property in the event the customer, borrower, mortgagor or purchaser fails to provide insurance required under the terms of the loan or credit document.
(3) ORS 746.213, 746.215 and 746.217 do not apply to credit-related insurance. [2003 c.363 §5]
Note:
See note under 746.213.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.220 - Debtor’s option in furnishing credit life or credit health insurance.

When credit life insurance or credit health insurance, as defined in ORS 743.371, is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by the debtor or of procuring and furnishing the required coverage through any authorized insurer. [Formerly 739.615]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.230 - Unfair claim settlement practices.

(1) An insurer or other person may not commit or perform any of the following unfair claim settlement practices:
(a) Misrepresenting facts or policy provisions in settling claims;
(b) Failing to acknowledge and act promptly upon communications relating to claims;
(c) Failing to adopt and implement reasonable standards for the prompt investigation of claims;
(d) Refusing to pay claims without conducting a reasonable investigation based on all available information;
(e) Failing to affirm or deny coverage of claims within a reasonable time after completed proof of loss statements have been submitted;
(f) Not attempting, in good faith, to promptly and equitably settle claims in which liability has become reasonably clear;
(g) Compelling claimants to initiate litigation to recover amounts due by offering substantially less than amounts ultimately recovered in actions brought by such claimants;
(h) Attempting to settle claims for less than the amount to which a reasonable person would believe a reasonable person was entitled after referring to written or printed advertising material accompanying or made part of an application;
(i) Attempting to settle claims on the basis of an application altered without notice to or consent of the applicant;
(j) Failing, after payment of a claim, to inform insureds or beneficiaries, upon request by them, of the coverage under which payment has been made;
(k) Delaying investigation or payment of claims by requiring a claimant or the claimant’s physician, naturopathic physician, physician assistant or nurse practitioner to submit a preliminary claim report and then requiring subsequent submission of loss forms when both require essentially the same information;
(L) Failing to promptly settle claims under one coverage of a policy where liability has become reasonably clear in order to influence settlements under other coverages of the policy;
(m) Failing to promptly provide the proper explanation of the basis relied on in the insurance policy in relation to the facts or applicable law for the denial of a claim; or
(n) Any of the practices described in ORS 746.233.
(2) No insurer shall refuse, without just cause, to pay or settle claims arising under coverages provided by its policies with such frequency as to indicate a general business practice in this state, which general business practice is evidenced by:
(a) A substantial increase in the number of complaints against the insurer received by the Department of Consumer and Business Services;
(b) A substantial increase in the number of lawsuits filed against the insurer or its insureds by claimants; or
(c) Other relevant evidence. [1967 c.359 §588a; 1973 c.281 §1; 1989 c.594 §1; 2014 c.45 §79; 2015 c.59 §6; 2017 c.356 §101; 2019 c.284 §10]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.233 - Unfair claim settlement practices with respect to prior authorizations of health care items or services.

(1) As used in this section, "prior authorization" has the meaning given that term in ORS 743B.001.
(2) An insurer offering a policy or certificate of health insurance may not, in making a determination on a health care provider or enrollee’s request for prior authorization of a health care item or service, perform any of the following unfair claim settlement practices:
(a) Misrepresent facts of policy provisions;
(b) Fail to acknowledge and act upon communications relating to the request;
(c) Fail to adopt and implement reasonable standards for the prompt investigations of prior authorization requests;
(d) Make a determination without conducting a reasonable investigation based on all available information;
(e) Fail to act promptly, equitably and in good faith to approve the request for prior authorization that is medically necessary and covered under the terms of the policy;
(f) Require a provider or enrollee to submit substantially identical information more than one time in the course of making the determination; or
(g) If the request for prior authorization is denied, fail to promptly provide a complete and thorough explanation of the terms of the policy or certificate that the insurer relied upon and the factual or legal basis for the denial.
(3) An insurer may not engage in a pattern or practice of refusing, without just cause, to approve requests for prior authorization of items or services covered under its policies and certificates as demonstrated by:
(a) A substantial increase in the number of consumer complaints against the insurer received by the Department of Consumer and Business Services regarding denials of prior authorization;
(b) A substantial number of lawsuits filed by:
(A) A provider against the insurer or an insured based on the failure to approve a request for prior authorization for an item or service furnished by the provider; or
(B) A provider or enrollee against the insurer based on the failure to approve a prior authorization request for an item or service; or
(c) Other evidence that the department deems relevant.
(4) The department may adopt rules necessary to carry out the provisions of this section. [2019 c.284 §2]
Note:
746.233 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 746 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.240 - Undefined trade practices injurious to public prohibited.

No person shall engage in this state in any trade practice that, although not expressly defined and prohibited in the Insurance Code, is found by the Director of the Department of Consumer and Business Services to be an unfair or deceptive act or practice in the transaction of insurance that is injurious to the insurance-buying public. [1967 c.359 §589; 1973 c.281 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.260 - Driving record not to be considered in issuance of motor vehicle insurance.

(1) As used in this section, "employment driving record" and "nonemployment driving record" mean the employment driving record and nonemployment driving record described in ORS 802.200.
(2) Except as provided in subsection (4) of this section, an insurer may not consider an individual’s employment driving record or nonemployment driving record in determining rates for, or whether to issue or renew, a policy of personal insurance, as defined in ORS 746.600, that provides, for the individual, automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on an individually owned passenger vehicle, including pickup and panel trucks and station wagons. An insurer may not cancel the policy or discriminate in regard to other terms or conditions of the policy based upon the individual’s employment driving record or nonemployment driving record.
(3) This section does not affect the enforcement of the motor vehicle laws.
(4) An insurer may use the abstract of the individual’s nonemployment driving record as authorized under ORS 746.265. [1973 c.113 §2; 1979 c.662 §2; 1983 c.338 §969; 1987 c.5 §6; 2015 c.76 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.265 - Purposes for which abstract of nonemployment driving record may be considered.

(1) Subject to subsection (2) of this section, an insurer may consider the abstract of an individual’s nonemployment driving record under ORS 802.220 when evaluating the individual’s application to obtain or renew personal insurance, as defined in ORS 746.600, that provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on an individually owned passenger vehicle, including pickup and panel trucks and station wagons:
(a) For the purpose of determining whether to issue or renew the individual’s policy.
(b) For the purpose of determining the rates of the individual’s policy.
(2) For the purposes specified in subsection (1) of this section, an insurer that issues or renews a policy described in subsection (1) of this section may not consider any:
(a) Accident or conviction for violation of motor vehicle laws that occurred more than three years immediately preceding the application for the policy or for renewal of the policy;
(b) Diversion agreements under ORS 813.220 that were entered into more than three years immediately preceding the application for the policy or for renewal of the policy; or
(c) Suspension of driving privileges pursuant to ORS 809.280 (6) or (8) if the suspension is based on a nondriving offense.
(3) Subsection (2) of this section does not apply if an insurer considers an individual’s nonemployment driving record under ORS 802.220 for the purpose of providing a discount to the individual. [1987 c.5 §5; 1989 c.853 §1; 1991 c.860 §7; 1999 c.59 §231; 2001 c.327 §1; 2011 c.355 §25; 2015 c.76 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.270 - Use of past investment or predicted future investment experience in sale of variable life insurance policies.

No person shall make or use in the offer or sale of a variable life insurance policy any illustrations of benefits payable that include projections of past investment experience into the future or predictions of future investment experience. This section is not intended to prohibit use of hypothetical assumed rates of investment return to illustrate possible levels of benefits. [1973 c.435 §26]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.275 - Definitions for ORS 746.275 to 746.300.

As used in ORS 746.275 to 746.300:
(1) "Adjuster" means a person authorized to do business under ORS 744.515 or 744.521.
(2) "Motor vehicle liability insurance policy" means an insurance policy which provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on motor vehicles, but does not include any insurance policy:
(a) Covering garage, automobile sales agency, repair shop, service station or public parking place operation hazards; or
(b) 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.
(3) "Motor vehicle body and frame repair shop" means a business or a division of a business organized for the purpose of effecting repairs to motor vehicles which have been physically damaged. [1977 c.785 §1; 2019 c.151 §41]
Note:
746.275 to 746.300 and 746.991 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.280 - Designation of particular motor vehicle repair shop by insurer prohibited; notice; limitation of costs.

(1) An insurer may not require that a particular person make the repairs to the insured’s motor vehicle as a condition for recovery by the insured under a motor vehicle liability insurance policy.
(2) Prior to providing a recommendation that a particular person make repairs to the insured’s motor vehicle, the person adjusting the claim on behalf of the insurer shall inform the insured of the rights conferred by subsection (1) of this section by communicating in a statement substantially similar to the following:
______________________________________________________________________________
OREGON LAW PROHIBITS US FROM REQUIRING YOU TO GET REPAIRS TO YOUR VEHICLE AT A PARTICULAR MOTOR VEHICLE REPAIR SHOP. YOU HAVE THE RIGHT TO SELECT THE MOTOR VEHICLE REPAIR SHOP OF YOUR CHOICE.
______________________________________________________________________________
(3) If an insured elects to have the motor vehicle repaired at a motor vehicle repair shop other than a shop recommended by the insurer, the insurer may not limit the cost of repairs necessary to return the motor vehicle to a preloss condition relative to safety, function and appearance other than as stated in the policy or as otherwise allowed by law.
(4) If an insured accepts the insurer’s recommendation, the insurer shall provide, electronically or in printed form, a statement to the insured within three business days after the date of acceptance in substantially the following form:
______________________________________________________________________________
WE HAVE RECOMMENDED A MOTOR VEHICLE REPAIR SHOP. IF YOU AGREE TO USE OUR RECOMMENDED REPAIR SHOP, YOUR VEHICLE WILL RECEIVE REPAIRS RETURNING IT TO A PRELOSS CONDITION RELATIVE TO SAFETY, FUNCTION AND APPEARANCE AT NO ADDITIONAL COST TO YOU OTHER THAN AS STATED IN THE INSURANCE POLICY OR AS OTHERWISE ALLOWED BY LAW.
______________________________________________________________________________ [1977 c.785 §2; 2007 c.506 §1]
Note:
See note under 746.275.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.285 - Notice of prohibition in motor vehicle repair shops; size; location.

A person operating a motor vehicle body and frame repair shop shall display in a conspicuous place in the shop a sign in bold face type in letters at least two inches high reading substantially as follows:
______________________________________________________________________________
PURSUANT TO OREGON INSURANCE LAW, AN INSURANCE COMPANY MAY NOT REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE BY A PARTICULAR PERSON OR REPAIR SHOP.
______________________________________________________________________________ [1977 c.785 §3]
Note:
See note under 746.275.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.287 - Insurer requirement of installation of aftermarket crash part in vehicle.

(1) Without the consent of the owner of the vehicle, an insurer may not require, directly or indirectly, that a motor vehicle body and frame repair shop supply or install any aftermarket crash part unless the part has been certified by an independent test facility to be at least equivalent to the part being replaced.
(2) For purposes of this section, an aftermarket crash part is at least equivalent to the part being replaced if the aftermarket crash part is the same kind of part and is at least the same quality with respect to fit, finish, function and corrosion resistance. [1987 c.622 §3]
Note:
See note under 746.275.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.289 - Insurer offer of crash part warranty.

Any insurer which offers a motor vehicle insurance policy that provides coverage for repair of the vehicle shall make available to its insured a crash part warranty for crash parts not made by the original equipment manufacturer as described in ORS 746.292 when the insured requests one. [1987 c.622 §4]
Note:
746.289 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or 746.275 to 746.300 or any other series by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.290 - Notice of prohibition in policies and by adjusters.

(1) An adjuster establishing loss under a motor vehicle liability insurance policy shall advise the insured of the provisions of ORS 746.280.
(2) Every motor vehicle liability insurance policy issued in this state after December 31, 1977, and any extension or renewal after that date of a policy issued before that date shall be accompanied by a statement in clear and conspicuous language approved by the director of:
(a) The rights and responsibilities of the insured when a claim is submitted; and
(b) The provisions of ORS 746.280. [1977 c.785 §4]
Note:
See note under 746.275.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.295 - Proof and amount of loss under motor vehicle liability policies; determination by insurer.

Nothing in ORS 746.275 to 746.300 or 746.991 shall prohibit an insurer from establishing proof of loss requirements for motor vehicle liability insurance policies, investigating and determining the amount of an insured’s loss through its agents or employees or negotiating with any person for the repair of such loss. [1977 c.785 §6]
Note:
See note under 746.275.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.300 - Liability of insurers and motor vehicle repair shops for damages; attorney fees.

An insured whose insurer violates ORS 746.280 or 746.290, or a customer whose motor vehicle body and frame repair shop violates ORS 746.292, may file an action to recover actual damages or $100, whichever is greater, for each violation. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1977 c.785 §7; 1981 c.897 §102; 1995 c.618 §129]
Note:
See note under 746.275.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.305 - Rules.

The Director of the Department of Consumer and Business Services may adopt rules to carry out the provisions of ORS 746.275 to 746.300 and 746.991. [1987 c.622 §5]
Note:
746.305 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.308 - Violation of provisions regarding totaled vehicles as violation of Insurance Code.

An insurer that violates ORS 819.014 or 819.018 shall be considered to have violated a provision of the Insurance Code. [1991 c.820 §7]
Note:
746.308 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.310 - Representing or aiding unauthorized insurer prohibited; insurance producer liable to insured.

(1) No person shall in this state directly or indirectly with respect to domestic risks act as insurance producer for or otherwise transact insurance for any insurer not then authorized to transact such insurance in this state.
(2) In the event of failure of any unauthorized insurer to pay any claim or loss within the provisions of such insurance policy, any insurance producer who assisted or in any manner aided in the procurement of such insurance policy knowing it to be procured through an unauthorized insurer shall be liable to the insured for the full amount of the claim or loss.
(3) This section does not apply to:
(a) Matters authorized to be done by the Director of the Department of Consumer and Business Services under ORS 746.320 to 746.360.
(b) Insurance written under a surplus line license in compliance with ORS 735.400 to 735.495.
(c) Any transaction with respect to reinsurance when transacted by an insurer duly authorized by its state of domicile to transact the class of insurance involved.
(d) A licensed adjuster or attorney at law representing such an insurer from time to time in such occupational or professional capacity. [1967 c.359 §591; 1969 c.336 §17; 1987 c.774 §140; 1991 c.810 §27; 2003 c.364 §145]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.320 - Service of process equivalent to personal service on unauthorized foreign or alien insurer.

(1) When an unauthorized insurer does any of the acts specified in subsection (2) of this section in this state, by mail or otherwise, the doing of such acts shall constitute an appointment by such insurer of the Director of the Department of Consumer and Business Services, and the successor in office, as its lawful attorney upon whom all process may be served in any action begun by or on behalf of an insured or beneficiary and arising out of policies of insurance between the insurer and persons residing or authorized to do business in this state. Subject to subsection (4) of this section, the doing of any such act shall signify the insurer’s consent that service of process upon the director is of the same legal force and effect as personal service of process upon such insurer within this state.
(2) The acts referred to in subsection (1) of this section are:
(a) Issuing or delivering policies of insurance to persons residing or authorized to do business in this state.
(b) Soliciting applications for policies of insurance from such persons.
(c) Collecting premiums, membership fees, assessments or other considerations under policies of insurance from such persons.
(d) Any other transaction of business arising out of policies of insurance with such persons.
(3) Service of process upon the director shall be made by delivering to and leaving with the director, or with any clerk on duty in the office, two copies of such process. Immediately after service of process, the director shall send one of such copies to the defendant insurer at its principal office. The director shall keep a record of all processes served upon the director under this section.
(4) Service of process in the manner provided in this section gives jurisdiction over the person of an insurer provided:
(a) Notice of such service and a copy of the process are sent by registered mail or by certified mail with return receipt by the plaintiff, or the attorney of the plaintiff, to the defendant insurer at its principal office within 10 days after the date of service; and
(b) The defendant insurer’s receipt, or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed and an affidavit of the plaintiff, or the attorney of the plaintiff, showing compliance with this section are filed with the clerk of the court in which the action against such insurer is pending on or before the date on which such insurer is required to appear, or within such further time as the court may allow.
(5) Nothing contained in this section shall limit or abridge the right to serve any process upon an insurer in any other manner then permitted by law. [Formerly 736.252; 1991 c.249 §71]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.330 - Judgment by default after service of process under ORS 746.320.

Until the expiration of 30 days from the date of filing an affidavit of compliance under ORS 746.320, no plaintiff or complainant shall be entitled to a judgment by default in any action in which service of process is made in the manner provided in such section. [Formerly 736.254]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.340 - Conditions to be met by defendant unauthorized insurer before filing motions or pleadings.

(1) Except as provided in subsection (3) of this section, before any unauthorized insurer may file or cause to be filed any motion or pleading in an action started against it by service of process in the manner provided in ORS 746.320, the defendant insurer shall either:
(a) Procure a certificate of authority to transact insurance in this state; or
(b) Deposit cash or securities or file a bond with good and sufficient sureties, approved by the court, with the clerk of the court in which such action is pending in an amount, fixed by the court, sufficient to secure the payment of any judgment which may be entered in such action. However, the court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to such court that the insurer maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action.
(2) The court may order such postponement as may be necessary to give such insurer reasonable opportunity to comply with subsection (1) of this section and to prepare its defense in such action.
(3) Nothing in ORS 746.320 to 746.360 shall be construed to prevent a defendant unauthorized insurer from filing a motion to set aside service of process made in the manner provided in ORS 746.320 on the ground that such insurer has not done any of the acts described in subsection (2) of such section. [Formerly 736.256]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.350 - Attorney fee allowable to prevailing party.

In any action against an unauthorized insurer in which service of process was made in the manner provided in ORS 746.320, the court may award reasonable attorney fees to the prevailing party. [Formerly 736.258; 1981 c.897 §103; 1995 c.618 §130]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.360 - Exceptions to application of unauthorized insurer service of process law.

ORS 746.320 to 746.360 do not apply to an action against an unauthorized insurer arising out of any policy of:
(1) Reinsurance or wet marine and transportation insurance;
(2) Insurance effected in compliance with ORS 735.400 to 735.495;
(3) Insurance against legal liability arising out of ownership, operation or maintenance of any property having a permanent situs outside the state; or
(4) Insurance against loss of or damage to any property having a permanent situs outside this state, where such policy contains a provision designating the Director of the Department of Consumer and Business Services or a bona fide resident of this state as the insurer’s lawful attorney upon whom all process may be served in any action begun by or on behalf of an insured or beneficiary and arising out of policies of insurance between the insurer and persons residing or authorized to do business in this state. [Formerly 736.260; 2005 c.185 §6]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.370 - Records of insureds.

In order that the Director of the Department of Consumer and Business Services may effectively administer ORS 746.310 to 746.370, every person for or by whom insurance has been placed with an unauthorized insurer shall, upon the director’s order, produce for examination all policies and other documents evidencing the insurance, and shall disclose to the director the amount of premiums paid or agreed to be paid for the insurance. [1967 c.359 §597]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.405 - Definitions for ORS 746.405 to 746.530.

As used in ORS 746.405 to 746.530, unless the context requires otherwise:
(1) "Premium finance agreement" means an agreement by which an insured or prospective insured promises to pay to a premium finance company or to its assignee the amount advanced or to be advanced under the agreement to an insurer or to an insurance producer in payment of premiums on an insurance policy together with a service charge. No mortgage, conditional sale contract or other security agreement covering property which authorizes the lienholder to pay or advance premiums for insurance with respect thereto shall be deemed to be a premium finance agreement.
(2) "Premium finance company" means a person engaged in the business of entering into premium finance agreements with insureds or of acquiring such premium finance agreements from insurance producers or other premium finance companies. [1969 c.639 §2; 2003 c.364 §146]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.422 - Inquiries from director to premium finance company.

In the manner provided in ORS 731.296, the Director of the Department of Consumer and Business Services may address inquiries to a premium finance company, and a premium finance company shall reply to such inquiries. [1993 c.265 §11]