reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.425 - Applicability of ORS 746.405 to 746.530.

ORS 746.405 to 746.530 do not apply to:
(1) Any insurer authorized to transact business in this state who finances insurance premiums on domestic risks with a service charge no greater than that provided in ORS 746.485 and 746.495;
(2) Any bank, trust company, savings and loan association, credit union or other lending institution authorized to transact business in this state that does not possess or acquire any right, title or interest with respect to the insurance policy for which the premiums are financed other than in the proceeds thereof in the event of loss;
(3) The inclusion of a charge for insurance in connection with an installment sale in accordance with ORS 83.010 to 83.820 and 83.990; or
(4) Insurance producers financing only their own accounts and whose aggregate charge for financing does not exceed one and one-half percent per month on the outstanding balance. [1969 c.639 §4; 1981 c.412 §22; 2003 c.364 §147]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.465 - Records required of premium finance companies; form; inspection.

(1) Every premium finance company shall maintain records of its premium finance transactions and the records shall be open to examination and investigation by the Director of the Department of Consumer and Business Services. The director may at any time require the company to bring such records as the director may direct to the director’s office for examination.
(2) Every premium finance company shall preserve its records of such premium finance transactions, including cards used in a card system, for at least three years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic form shall constitute compliance with this requirement. [1969 c.639 §8]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.475 - Premium finance agreements; contents; form; delivery; notice to insurer.

(1) A premium finance agreement shall:
(a) Be dated, signed by the insured or by any person authorized in writing to act in behalf of the insured, and the printed portion thereof shall be in at least eight-point type;
(b) Contain the name and place of business of the insurance producer negotiating the related insurance policy, the name and residence or the place of business of the insured as specified by the insured, the name and place of business of the premium finance company to which payments are to be made, a description of the insurance policies involved and the amount of the premium therefor; and
(c) Set forth the following items where applicable:
(A) The total amount of the premiums.
(B) The amount of the down payment.
(C) The principal balance (the difference between items (A) and (B)).
(D) The amount of the service charge.
(E) The balance payable by the insured (sum of items (C) and (D)).
(F) The number of payments required, the amount of each payment expressed in dollars, and the due date or period thereof.
(2) The items set out in subsection (1)(c) of this section need not be stated in the sequence or order in which they appear in such paragraph, and additional items may be included to explain the computations made in determining the amount to be paid by the insured.
(3) The premium finance company or the insurance producer shall deliver to the insured, or mail to the insured at the address shown in the agreement, a complete copy of the agreement.
(4) A premium finance company shall give notice of its financing to the insurer not later than the 30th day after the date the premium financing agreement is received by the premium finance company. A notice given under this subsection shall be effective whether or not the insured’s policy number is set forth in the notice. [1969 c.639 §9; 1971 c.231 §38; 1983 c.239 §3; 2003 c.364 §148]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.485 - Regulation of service charge for premium financing; method of computation; prepayment.

(1) A premium finance company shall not charge, contract for, receive, or collect a service charge other than as permitted by ORS 746.405 to 746.530.
(2) The service charge is to be computed on the balance of the premiums due (after subtracting the down payment made by the insured in accordance with the premium finance agreement) from the effective date of the insurance coverage, for which the premiums are being advanced, to and including the date when the final payment of the premium finance agreement is payable.
(3) The service charge shall not exceed interest at a rate authorized under this subsection plus an additional charge of 10 percent of the amount financed or $50, whichever amount is less, per premium finance agreement. The additional charge need not be refunded upon cancellation or prepayment. The rate of interest charged by a premium finance company on the amount of financed premium shall not exceed the nominal annual rate of five percentage points in excess of the discount rate, and any surcharge thereon, on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve District which includes Oregon on the effective date of the insurance coverage or 18 percent, whichever is greater.
(4) Any insured may prepay the premium finance agreement in full at any time before the due date of the final payment. In such event the unearned interest shall be refunded. The amount of any such refund shall be the total amount of interest due on the agreement less the interest earned to the installment date nearest the date of payment, computed by applying the actuarial method based on the annual percentage rate set forth on the premium finance agreement. [1969 c.639 §10; 1971 c.231 §39; 1983 c.239 §1]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.495 - Delinquency charges regulated.

(1) A premium finance agreement may provide for the payment by the insured of a delinquency charge for any payment that is in default for a period of 10 days or more. Such charge may be made for each month or fraction thereof that the payment is in default. The amount of such charge may be a minimum of $1 and as a maximum shall be subject to the following limits:
(a) For delinquent payments of less than $250, five percent of the payment or $5, whichever is less; or
(b) For delinquent payments of $250 or more, two percent of the payment.
(2) If a payment default results in the cancellation of any insurance policy listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of $5, less any delinquency charges imposed in respect to the payment in default. [1969 c.639 §11]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.505 - Cancellation of policy by premium finance company; notice required; effective date of cancellation.

(1) When a premium finance agreement contains a power of attorney enabling the premium finance company to cancel any insurance policy or policies listed in the agreement, the insurance policy or policies shall not be canceled by the premium finance company unless such cancellation is effectuated in accordance with this section.
(2) Not less than 10 days’ written notice shall be mailed to the insured of the intent of the premium finance company to cancel the insurance policy unless the default is cured within such 10-day period. A copy of such notice shall also be mailed to the insurance producer indicated on the premium finance agreement.
(3) After expiration of such 10-day period, the premium finance company may thereafter in the name of the insured cancel such insurance policy or policies by mailing to the insurer a notice of cancellation, and the insurance policy shall be canceled as if such notice of cancellation had been submitted by the insured, but without requiring the return of the insurance policy or policies. The premium finance company shall also mail a notice of cancellation to the insured at the last-known address of the insured and to the insurance producer indicated on the premium finance agreement.
(4) All statutory, regulatory and contractual restrictions providing that the insurance policy may not be canceled unless notice is given to a governmental agency, mortgagee, or other third party shall apply where cancellation is effected under the provisions of this section. The insurer shall give the prescribed notice on behalf of itself or the insured to any governmental agency, mortgagee, or other third party on or before the second business day after the day it receives the notice of cancellation from the premium finance company and shall determine the effective date of cancellation taking into consideration the number of days’ notice required to complete the cancellation. [1969 c.639 §12; 1983 c.239 §2; 2003 c.364 §149]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.515 - Return of unearned premiums on cancellation.

(1) Whenever a financed insurance policy is canceled, the insurer who has been notified as provided in ORS 746.475 (4) shall return whatever gross unearned premiums are due under the insurance policy to the premium finance company for the account of the insured or insureds not later than the 30th day after the date of cancellation. If the insurer elects to return the premium through the insurance producer, the insurance producer shall transmit the unearned premium to the premium finance company within the 30-day period. The insurer, on written notice of any failure of the insurance producer to transmit the premium and not later than the 30th day after the notice, shall pay the amount of return premium directly to the premium finance company.
(2) In calculating the gross unearned premium due under a financed insurance policy, the insurer shall use the prorate method of calculation.
(3) In the event that the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium finance company shall refund such excess to the insured provided that no such refund shall be required if it amounts to less than $1. [1969 c.639 §13; 1983 c.239 §7; 2003 c.364 §150]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.525 - Agreement effective as security interest.

No filing of the premium finance agreement shall be necessary to perfect the validity of such agreement as a secured transaction as against creditors, subsequent purchasers, pledgees, encumbrancers, successors or assigns. [1969 c.639 §14]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.530 - Attorney fees.

In any action to enforce any right created by ORS 746.405 to 746.530, the prevailing party may be awarded a reasonable amount, to be fixed by the court, as attorney fees. The amount may be taxed as part of the cost of the action and any appeal thereon. [1983 c.239 §6]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.605 - Purpose.

The purpose of ORS 746.600 to 746.690 is to:
(1) Establish standards for the collection, use and disclosure of personal information gathered in connection with insurance transactions by insurers, insurance producers or insurance-support organizations;
(2) Maintain a balance between the need for personal information by those conducting the business of insurance and the public’s need for fairness in insurance information practices, including the need to minimize intrusiveness;
(3) Establish a regulatory mechanism to enable natural persons to ascertain what personal information is being or has been collected about them in connection with insurance transactions and to have access to this personal information for the purpose of verifying or disputing its accuracy;
(4) Limit the disclosure of personal information collected in connection with insurance transactions; and
(5) Enable insurance applicants and policyholders to obtain the reasons for any adverse underwriting decision. [1981 c.649 §2; 1987 c.490 §51; 2003 c.87 §7; 2003 c.364 §152]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.606 - Information privacy standards for health insurers.

ORS 746.607 and 746.608 establish standards for health insurers that are subject to the information privacy provisions of both the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and the federal Gramm-Leach-Bliley Act (P.L. 106-102). These standards address:
(1) Use and disclosure of personal information;
(2) Access of individuals to personal information;
(3) Notice of privacy practices for personal information;
(4) Amendment of personal information; and
(5) Accounting of disclosures of personal information. [2003 c.87 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.608 - Rules.

(1) The Director of the Department of Consumer and Business Services shall adopt rules implementing ORS 746.607. In adopting rules under this section, the director shall consider the information privacy provisions of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and the federal Gramm-Leach-Bliley Act (P.L. 106-102).
(2) The rules adopted under subsection (1) of this section shall include but are not limited to:
(a) Permitted uses and disclosures of:
(A) Personal financial information for business, professional or insurance purposes; and
(B) Protected health information for treatment, payment and health care operations.
(b) Requirements for notice of privacy practices for protected health information and notice of information practices for personal financial information. [2003 c.87 §4]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.610 - Application of ORS 746.600 to 746.690.

(1) Except as otherwise provided in ORS 746.606, 746.607, 746.608 and 746.609, the obligations imposed by ORS 746.600 to 746.690 apply to those insurers, insurance producers and insurance-support organizations that:
(a) In the case of life or health insurance:
(A) Collect, receive or maintain personal information, in connection with insurance transactions, that pertains to natural persons who are residents of this state; or
(B) Engage in insurance transactions with applicants, individuals or policyholders who are residents of this state.
(b) In the case of other kinds of insurance:
(A) Collect, receive or maintain personal information in connection with insurance transactions involving policies or certificates of insurance delivered, issued for delivery or renewed in this state; or
(B) Engage in insurance transactions involving policies or certificates of insurance delivered, issued for delivery or renewed in this state.
(2) The rights granted by ORS 746.600 to 746.690 extend to:
(a) In the case of life or health insurance, the following persons who are residents of this state:
(A) Natural persons who are the subject of personal information collected, received or maintained in connection with insurance transactions; and
(B) Applicants, individuals or policyholders who engage in or seek to engage in insurance transactions.
(b) In the case of other kinds of insurance, the following persons:
(A) Natural persons who are the subject of personal information collected, received or maintained in connection with insurance transactions involving policies or certificates of insurance delivered, issued for delivery or renewed in this state; and
(B) Applicants, individuals or policyholders who engage in or seek to engage in insurance transactions involving policies or certificates of insurance delivered, issued for delivery or renewed in this state.
(3) For purposes of this section, a person is considered a resident of this state if the person’s last-known mailing address, as shown in the records of the insurer, insurance producer or insurance-support organization, is located in this state.
(4) Notwithstanding subsections (1) and (2) of this section, ORS 746.600 to 746.690 do not apply to personal information collected from the public records of a governmental authority and maintained by an insurer or its representatives for the purpose of insuring the title to real property located in this state. [1981 c.649 §3; 1987 c.490 §52; 2003 c.87 §8; 2003 c.364 §153]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.611 - Personal representative of deceased person.

If no person has been appointed as a personal representative under ORS chapter 113 or a person appointed as a personal representative under ORS chapter 113 has been discharged, the personal representative of a deceased individual shall be the first of the following persons, in the following order, who may be located upon reasonable effort by the covered entity and who is willing to serve as the personal representative:
(1) A person appointed as guardian under ORS 125.305, 419B.372, 419C.481 or 419C.555 with authority to make medical and health care decisions at the time of the individual’s death.
(2) The individual’s spouse.
(3) An adult designated in writing by the persons listed in this section, if no person listed in this section objects to the designation.
(4) A majority of the adult children of the individual who can be located.
(5) Either parent of the individual or an individual acting in loco parentis to the individual.
(6) A majority of the adult siblings of the individual who can be located.
(7) Any adult relative or adult friend. [2005 c.253 §5]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.615 - Pretext interviews prohibited.

An insurer, insurance producer or insurance-support organization may not use or authorize the use of pretext interviews to obtain personal information in connection with an insurance transaction. However, a pretext interview may be undertaken to obtain information from a person or institution that does not have a generally recognized or statutorily recognized privileged relationship with the person about whom the information relates, for the purpose of investigating a claim where, based upon specific information available for review by the Director of the Department of Consumer and Business Services, there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation or material nondisclosure in connection with the claim. [1981 c.649 §5; 2003 c.87 §9; 2003 c.364 §154]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.625 - Marketing and research surveys.

An insurer or insurance producer shall clearly identify those questions that are designed to obtain personal information solely for marketing or research purposes from an individual in connection with an insurance transaction. [1981 c.649 §7; 2003 c.87 §11; 2003 c.364 §156]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.630 - Authorization for disclosure of certain information; forms; revocation.

(1) Notwithstanding any other law of this state, a licensee or insurance-support organization may not use as its disclosure authorization form in connection with insurance transactions a form or statement that authorizes the disclosure of personal or privileged information about an individual to the licensee or insurance-support organization unless the form or statement is clear and conspicuous, and contains all of the following:
(a) The identity of the individual who is the subject of the personal information.
(b) A general description of the categories of personal information to be disclosed.
(c) General descriptions of the parties to whom the licensee discloses personal information, the purpose of the disclosure and how the personal information may be used.
(d) The signature of the individual who is the subject of the personal information or the individual who is legally empowered to grant authority and the date signed.
(e) Notice of the length of time for which the authorization is valid, that the individual may revoke the authorization at any time and the procedure for making a revocation.
(2) An authorization is not valid for more than 24 months.
(3) An individual who is the subject of personal information may revoke an authorization provided pursuant to this section at any time, subject to the rights of any individual who acted in reliance on the authorization prior to notice of the revocation.
(4) A licensee must retain the authorization of an individual or a copy thereof in the record of the individual who is the subject of the personal information.
(5) A disclosure authorization obtained by an insurer, insurance producer or insurance-support organization from an individual prior to January 1, 1983, is considered to be in compliance with this section. [1981 c.649 §8; 2001 c.377 §27; 2003 c.87 §12; 2003 c.364 §157]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.632 - Genetic information used for treatment; authorization; disclosure.

(1) Notwithstanding ORS 192.537 (3), a health insurer may retain genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the retention is for treatment, payment or health care operations by the insurer.
(2) Notwithstanding ORS 192.539 (1), a health insurer may disclose genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the insurer discloses the genetic information in accordance with ORS 746.607 (3).
(3) As used in this section, "retain genetic information" has the meaning given that term in ORS 192.531.
(4) As used in this section, "health care operations" does not include underwriting activities.
(5) Nothing in this section shall be construed to interfere with or limit the requirements of ORS 746.135. [2007 c.800 §8]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.635 - Investigative consumer reports.

(1) No insurer, insurance producer or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement or a change in insurance benefits unless the insurer or insurance producer informs the individual:
(a) That the individual may request to be interviewed in connection with the preparation of the investigative consumer report; and
(b) That upon a request pursuant to ORS 746.640, the individual is entitled to receive a copy of the investigative consumer report.
(2) If an investigative consumer report is to be prepared by an insurer or insurance producer, the insurer or insurance producer shall institute reasonable procedures to conduct a personal interview requested by the individual.
(3) If an investigative consumer report is to be prepared by an insurance-support organization, the insurer or insurance producer desiring the report shall inform the insurance-support organization whether a personal interview has been requested by the individual. The insurance-support organization shall institute reasonable procedures to conduct such requested interviews. [1981 c.649 §9; 2003 c.364 §158]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.655 - Information concerning previous adverse underwriting decisions.

No insurer, insurance producer or insurance-support organization may seek information in connection with an insurance transaction concerning any previous adverse underwriting decision experienced by an individual, or any previous insurance coverage obtained by an individual through a residual market mechanism, unless the inquiry also requests the reasons for any previous adverse underwriting decision or the reasons why insurance coverage was previously obtained through a residual market mechanism. [1981 c.649 §13; 2003 c.364 §162]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.660 - Basing adverse underwriting decision on previous adverse decision.

No insurer or insurance producer may base an adverse underwriting decision in whole or in part on:
(1) The fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism. However, an insurer or insurance producer may base an adverse underwriting decision on further information obtained from an insurer or insurance producer responsible for a previous adverse underwriting decision.
(2) Personal information received from an insurance-support organization whose primary source of information is insurers. However, an insurer or insurance producer may base an adverse underwriting decision on further personal information obtained as the result of information received from such an insurance-support organization. [1981 c.649 §14; 2003 c.364 §163]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.662 - Filing of insurance scoring models.

(1) An insurer may not use credit history to determine personal insurance eligibility, premiums or rates for coverage unless the insurer has filed the insurance scoring models used by the insurer with the Director of the Department of Consumer and Business Services. An insurance scoring model includes all attributes and factors used in the calculation of an insurance score.
(2) Insurance scoring models filed with the director under subsection (1) of this section are confidential and not subject to disclosure under ORS 192.311 to 192.478. [2003 c.788 §5]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.663 - Cancellation or nonrenewal of personal insurance policies based on credit history or insurance score.

(1) An insurer that issues personal insurance policies in this state may not cancel or nonrenew a policy of personal insurance based in whole or in part on a consumer’s credit history or insurance score.
(2) If, prior to January 1, 2004, an insurer has assigned a consumer to a less favorable rating category for a policy of personal insurance based in whole or in part on the consumer’s credit history or insurance score, the consumer may request, no more than once annually, that the insurer rerate the consumer according to the standards that the insurer would apply to the consumer if the consumer were initially applying for the same personal insurance on or after January 1, 2004.
(3) An insurer that receives a request under subsection (2) of this section may not consider that the consumer was assigned to a less favorable rate category when the insurer rerates the consumer.
(4) If an insurer uses disputed credit history to determine eligibility for coverage of personal insurance and places a consumer with an affiliate that charges higher premiums or offers less favorable policy terms:
(a) The insurer shall rerate the policy retroactive to the effective date of the current policy term; and
(b) The policy, as reissued or rerated, shall provide the premiums and policy terms for which the consumer would have been eligible if accurate credit history had been used to determine eligibility.
(5) If an insurer charges higher premiums due to disputed credit history, the insurer shall rerate the policy retroactive to the effective date of the current policy term. As rerated, the insurer shall charge the consumer the same premiums the consumer would have been charged if accurate credit history had been used to calculate an insurance score.
(6) Subsections (4) and (5) of this section apply only if the consumer resolves the credit dispute under the process set forth in the federal Fair Credit Reporting Act (15 U.S.C. 1681) and notifies the insurer in writing that the dispute has been resolved.
(7) Except as provided in subsections (2), (4) and (5) of this section, an insurer may only use rating factors other than credit history or insurance score to rerate the policy at renewal. [2003 c.788 §7]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.668 - Relationship of ORS 746.620, 746.630 and 746.665 to federal Fair Credit Reporting Act.

Nothing in ORS 746.620, 746.630 or 746.665 may be construed to modify, limit or supersede the operation of the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and no inference may be drawn on the basis of ORS 746.620, 746.630 or 746.665 regarding whether personal information is transaction information or experience information under section 603 of the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). [2001 c.377 §28c; 2003 c.87 §16]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.670 - Investigatory powers.

(1) The Director of the Department of Consumer and Business Services may examine and investigate into the affairs of any insurer or insurance producer transacting insurance in this state to determine whether it has been or is engaged in any conduct in violation of ORS 746.600 to 746.690.
(2) The director may examine and investigate into the affairs of any insurance-support organization acting on behalf of an insurer or insurance producer which either transacts insurance in this state or transacts insurance outside this state which has an effect on a person residing in this state, in order to determine whether the insurance-support organization has been or is engaged in any conduct in violation of ORS 746.600 to 746.690. [1981 c.649 §16; 1987 c.490 §54; 2003 c.87 §17; 2003 c.364 §164]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.675 - Service of process on out-of-state insurance-support organizations.

For the purpose of ORS 746.600 to 746.690 and 750.055, an insurance-support organization transacting business outside this state which has an effect on a person residing in this state shall be considered to have appointed the Director of the Department of Consumer and Business Services to accept service of process on its behalf. Notice of such service shall be given forthwith by the director as provided for orders and notices under ORS 731.248 (3). [1981 c.649 §17; 1987 c.490 §55]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.680 - Remedies.

(1) A person whose rights granted under ORS 746.607 (7), 746.640, 746.645 or 746.650 are violated may apply to the circuit court for the county in which the person resides, or any other court of competent jurisdiction, for appropriate equitable relief if an insurer, insurance producer or insurance-support organization fails to comply with ORS 746.607 (7), 746.640, 746.645 or 746.650.
(2) A licensee or insurance-support organization that discloses information in violation of ORS 746.665 or a health insurer that uses or discloses information in violation of ORS 746.607 (1) or (2) is liable for damages sustained by the individual about whom the information relates. However, an individual is not entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of the violation of ORS 746.607 (1) or (2) or 746.665.
(3) In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney fees to the prevailing party.
(4) An action under this section must be brought within two years from the date the alleged violation is or should have been discovered.
(5) Except as specifically provided in this section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of ORS 746.600 to 746.690. [1981 c.649 §18; 1987 c.490 §56; 1995 c.618 §131; 2001 c.377 §28a; 2003 c.87 §18; 2003 c.364 §165a]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.685 - Liability for disclosure of information.

No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or privileged information in accordance with ORS 746.600 to 746.690 and 750.055, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurer, insurance producer or insurance-support organization. However, this section shall provide no immunity for disclosing or furnishing false information with malice or willful intent to injure any person. [1981 c.649 §19; 1987 c.490 §57; 2003 c.364 §166]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 746 - Trade Practices › Section 746.688 - Use of loss history reports; notice to consumer.

(1) An insurer or insurance producer shall notify a consumer that the insurer or insurance producer will request a loss history report relating to the consumer or property to be insured before the insurer or insurance producer may obtain the report. The notice may be oral, in writing or in the same medium as the medium in which previous communication between the consumer and the insurer or insurance producer has been conducted.
(2) An insurance producer may provide a single notice under subsection (1) of this section to a consumer if the insurance producer makes loss history inquiries of one or more insurers in response to a request by the consumer relating to a homeowner insurance policy.
(3) An insurer that uses loss history reports for underwriting or rating homeowner insurance shall instruct the insurer’s insurance producers that an insurance producer must notify the consumer that the insurance producer has requested a loss history report before the insurance producer may obtain the report.
(4) An insurer that uses a loss history report of a consumer when considering an application for a homeowner insurance policy shall notify the consumer during the application process that the consumer may request a free copy of the loss history report from the consumer reporting agency and a written statement describing the insurer’s use of the report. The notice to the applicant may be in writing or in the same medium as the medium in which the application is made. The written statement must contain the following explanations:
(a) The ways in which the insurer uses loss history reports;
(b) How often the insurer reviews a consumer’s loss history report; and
(c) The procedures a consumer may use to obtain additional information. [2005 c.489 §6]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 748 - Fraternal Benefit Societies › Section 748.103 - Definitions.

As used in this chapter:
(1) "Benefit contract" means the agreement for provision of benefits authorized by ORS 748.201, as that agreement is described in ORS 748.211 (1).
(2) "Benefit member" means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract.
(3) "Certificate" means the document issued as written evidence of the benefit contract.
(4) "Impaired" means either:
(a) For a society that does not write variable contracts, whenever its assets are less than its total liabilities; or
(b) For a society that does write variable contracts, whenever its assets are less than its total liabilities, plus the required surplus for a mutual life insurer to write such contracts.
(5) "Laws" means the society’s articles of incorporation, constitution and bylaws, however designated.
(6) "Lodge" means subordinate member units of the society, known as camps, courts, councils, branches or by any other designation.
(7) "Premiums" means premiums, rates, dues or other required contributions by whatever name known, which are payable under the certificate.
(8) "Rules" means all rules, regulations or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society.
(9) "Society" means fraternal benefit society, unless otherwise indicated. [1987 c.490 §2]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 748 - Fraternal Benefit Societies › Section 748.106 - Description of fraternal benefit society.

Any corporation, society, order, supreme lodge or voluntary association, without capital stock, conducted solely for the benefit of its members and their beneficiaries and not-for-profit, operated on a lodge system with ritualistic form of work, having a representative form of government and which provides benefits in accordance with this chapter is hereby declared to be a fraternal benefit society. [1987 c.490 §3]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 748 - Fraternal Benefit Societies › Section 748.109 - Conditions constituting "operating on a lodge system."

(1) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated or admitted in accordance with its laws, rules and ritual. Subordinate lodges shall be required by the laws of the society to hold regular meetings at least once each month in furtherance of the purposes of the society.
(2) A society may, at its option, organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of the children, nor shall the children have a voice or vote in the management of the society. [1987 c.490 §4]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 748 - Fraternal Benefit Societies › Section 748.112 - Conditions constituting "representative form of government."

A society has a representative form of government when:
(1) It has a supreme governing body constituted as:
(a) An assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society’s laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than two-thirds of the votes and not less than the number of votes required to amend the society’s laws. The assembly shall be elected and shall meet at least once every four years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society’s laws; or
(b) A board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society’s laws. A society may provide for election of the board by mail. Each term of a board member may not exceed four years. Vacancies on the board between elections may be filled in the manner prescribed by the society’s laws. Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society’s laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society;
(2) The officers of the society are elected either by the supreme governing body or by the board of directors;
(3) Only benefit members are eligible for election to the supreme governing body and the board of directors; and
(4) Each voting member has one vote. No vote may be cast by proxy. [1987 c.490 §5]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 748 - Fraternal Benefit Societies › Section 748.121 - Purposes, operation and powers.

(1) The purposes of a society, as specified in subsection (2) of this section, may be carried out directly by the society, or indirectly through subsidiary corporations or affiliated organizations.
(2) A society shall operate for the benefit of members and their beneficiaries by:
(a) Providing benefits as specified in ORS 748.201; and
(b) Operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic or religious purposes for the benefit of its members, which may also be extended to others.
(3) Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members and the management of its affairs. It shall have the power to change, alter, add to or amend such laws and rules and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society. [1987 c.490 §6]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 748 - Fraternal Benefit Societies › Section 748.123 - Membership; eligibility; admission process; privileges.

(1) A society shall specify in its laws or rules:
(a) Eligibility standards for each and every class of membership, provided that, if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than 15 years of age and not greater than 21 years of age;
(b) The process for admission to membership for each membership class; and
(c) The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society.
(2) A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society.
(3) Membership rights in the society are personal to the member and are not assignable. [1987 c.490 §7]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 748 - Fraternal Benefit Societies › Section 748.130 - Principal office; publications; annual statement synopsis; complaints.

(1) The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province or territory in which the society has at least one lodge or in any other location as determined by the supreme governing body, and all business transacted at the meetings shall be as valid in all respects as if the meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in English.
(2) A society may provide in its laws for an official publication in which any notice, report or statement required by law to be given to members, including notice of election, may be published. The required notices, reports or statements shall be printed conspicuously in the publication. If the records of a society show that two or more members have the same mailing address, an official publication mailed to one member is deemed to be mailed to all members at the same address unless a member requests a separate copy.
(3) Not later than June 1 of each year, a synopsis of the society’s annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, the synopsis may be published in the society’s official publication.
(4) A society may provide in its laws or rules for grievance or complaint procedures for members. [1987 c.490 §8]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 748 - Fraternal Benefit Societies › Section 748.139 - Waiver of provisions by subordinate body.

The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws of the society. This provision shall be binding on the society and every member and beneficiary of a member. [1987 c.490 §11]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 748 - Fraternal Benefit Societies › Section 748.142 - Amendment of society laws.

(1) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. The referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within six months from the date of submission, a majority of the members voting have signified their consent to the amendment by one of the methods specified in this chapter.
(2) No amendment to the laws of any domestic society shall take effect unless approved by the Director of the Department of Consumer and Business Services. The director shall approve the amendment if the director finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects and purposes of the society. Unless the director shall disapprove any such amendment within 60 days after the filing, the amendment shall be considered approved. The approval or disapproval of the director shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office. In case the director disapproves the amendment, the reasons shall be stated in the written notice.
(3) Within 90 days from the approval by the director, all such amendments, or a synopsis thereof, shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. The affidavit of any officer of the society or of anyone authorized by it to mail any amendments, or synopses thereof, stating facts which show that the amendments have been duly addressed and mailed, shall be prima facie evidence that the amendments, or synopsis thereof, have been furnished to the addressee.
(4) Every foreign or alien society authorized to do business in this state shall file with the director a duly certified copy of all amendments of, or additions to, its laws within 90 days after the enactment of the amendments.
(5) Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society, shall be prima facie evidence of the legal adoption thereof. [1987 c.490 §12]
2023 Oregon Revised Statutes › Volume : 18 - Financial Institutions, Insurance › Chapter 748 - Fraternal Benefit Societies › Section 748.144 - Creation and operation of other organizations and entities.

(1) A society may create, maintain and operate, or may establish organizations to operate, not-for-profit institutions to further the purposes permitted by ORS 748.121 (2)(b). Such institutions may furnish services free or at a reasonable charge. Any real or personal property owned, held or leased by the society for this purpose shall be reported in every annual statement.
(2) No society shall own or operate funeral homes or undertaking establishments. [1987 c.490 §13]