reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0655 - Revised Privacy Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as otherwise authorized in OAR 836-080-0600  to 836-080-0700, a licensee
			 shall not, directly or through an affiliate, disclose any personal financial
			 information about a consumer to a nonaffiliated third party under 836-080-0675  other than as described in the initial notice that the licensee provided to the
			 consumer under 836-080-0620, unless:
(a) The
			 licensee has provided to the consumer a clear and conspicuous revised notice
			 that accurately describes its policies and practices;
(b) The licensee has given the consumer a
			 reasonable opportunity, before the licensee discloses personal financial
			 information to the nonaffiliated third party, to opt out of the disclosure;
			 and
(c) The consumer does not opt
			 out.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0660 - Delivery

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensee
			 shall provide any notices required by OAR 836-080-0600  to 836-080-0700  so that
			 each consumer can be reasonably expected to receive actual notice in writing
			 or, if the consumer agrees, electronically.
(2) The following are examples of reasonable
			 expectation of actual notice. A licensee may reasonably expect that a consumer
			 will receive actual notice if the licensee:
(a) Hand-delivers a printed copy of the
			 notice to the consumer;
(b) Mails a
			 printed copy of the notice to the last known address of the consumer
			 separately, or in a policy, billing or other written communication;
(c) For a consumer who conducts transactions
			 electronically, posts the notice on the electronic site and requires the
			 consumer to acknowledge receipt of the notice as a necessary step to obtaining
			 a particular insurance product or service;
(d) For an isolated transaction with a
			 consumer, such as the licensee providing an insurance quote, posts the notice
			 and requires the consumer to acknowledge receipt of the notice as a necessary
			 step to obtaining the particular insurance product or service.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0665 - Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in OAR 836-080-0670  and 836-080-0675, a licensee or insurance-support
			 organization may not disclose any personal or privileged information about an
			 individual collected or received in connection with an insurance transaction
			 unless the disclosure is with the written authorization of the individual, and:
(a) If the authorization is submitted by
			 another licensee or insurance-support organization, the authorization meets the
			 requirements of this rule; or
(b)
			 If the authorization is submitted by a person other than a licensee or
			 insurance-support organization, the authorization is:
(A) Dated;
(B) Signed by the individual; and
(C) Obtained one year or less prior to the
			 date a disclosure is sought pursuant to this subsection.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0670 - Authorization Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 licensee or insurance-support organization may disclose personal or privileged
			 information about an individual collected or received in connection with a
			 health insurance transaction without obtaining the written authorization
			 required by OAR 836-080-0665  if the disclosure meets one or more of the
			 following conditions, in which a disclosure:
(a) Is reasonably necessary to enable a
			 person other than the licensee or insurance support organization to:
(A) Perform a business, professional or
			 insurance function for the disclosing licensee or insurance-support
			 organization and the person agrees not to disclose the information further
			 without the individual's written authorization unless the further disclosure:
(i) Would otherwise be permitted by this rule
			 if made by a licensee or insurance-support organization; or
(ii) Is reasonably necessary for the person
			 to perform its function for the disclosing licensee or insurance-support
			 organization.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0675 - Disclosure Without Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
Unless disclosure is otherwise permitted pursuant to OAR
				836-080-0665  or 836-080-0670, a licensee may disclose personal financial
				information about an individual to a nonaffiliated third party without
				obtaining the written authorization required by 836-080-0665  only if all of the
				following conditions are met:
(1) The
			 nonaffiliated third party's only use of the information will be in connection
			 with the marketing of a product or service.
(2) No information relating to an
			 individual's character, personal habits, mode of living or general reputation
			 may be disclosed, and no classification derived from such information may be
			 disclosed.
(3) Prior to disclosure,
			 the individual must have been given the notice described in OAR 836-080-0620  and, at the same time, an opportunity to decide whether to allow disclosure of
			 the information by means of a clear and conspicuous notice that provides the
			 following:
(a) That the licensee discloses or
			 reserves the right to disclose personal financial information about the
			 individual to a nonaffiliated third party;
(b) That the individual has the right to opt
			 out of that disclosure; and
(c) A
			 reasonable means by which the individual may exercise the opt out
			 right.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0680 - Opt in Notice; Form of Opt Out Notice to Consumers and Opt Out Methods for Purpose of OAR 836-080-0675

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Form of opt in notice. The form of the disclosure authorization (the opt in
			 form) is governed by OAR 836-080-0665  and is used with respect to disclosures
			 of personal information that do not meet one or more of the conditions
			 specified in 836-080-0670  or 836-080-0675.
(2) Form of opt out notice. Sections (2) to
			 (10) of this rule govern the form of and requirements applicable to an opt out
			 notice when the notice is required by OAR 836-080-0675. If a licensee is
			 required to provide an opt out notice by 836-080-0675, the licensee shall
			 accurately explain the right to opt out under that provision. The notice shall
			 state:
(a) That the licensee discloses or
			 reserves the right to disclose personal financial information about its
			 consumer to a nonaffiliated third party;
(b) That the consumer has the right to opt
			 out of that disclosure; and
(c) A
			 reasonable means by which the consumer may exercise the opt out
			 right.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0685 - Limits on Sharing Account Number Information for Marketing Purposes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General
			 prohibition on disclosure of account numbers. A licensee shall not, directly or
			 through an affiliate, other than to a consumer reporting agency, disclose a
			 policy number or similar form of access number or access code for a consumer's
			 policy or transaction account to any nonaffiliated third party for use in
			 telemarketing, direct mail marketing or other marketing through electronic mail
			 to the consumer.
(2) Exceptions.
			 Section (1) of this rule does not apply if a licensee discloses a policy number
			 or similar form of access number or access code:
(a) To the licensee's service provider solely
			 in order to perform marketing for the licensee's own products or services, as
			 long as the service provider is not authorized to directly initiate charges to
			 the account;
(b) To a licensee who
			 is an insurance producer solely in order to perform marketing for the
			 licensee's own products or services; or
(c) To a participant in an affinity or
			 similar program when the participants in the program are identified to the
			 customer when the customer enters into the program.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0690 - Authorization Request Delivery

Current through Register Vol. 63, No. 7, July 1, 2024
A request for authorization and an authorization form may be
				delivered to a consumer or a customer as part of a notice under OAR
				836-080-0615, 836-080-0620  or 836-080-0625  if the request and the authorization
				form are clear and conspicuous.
Stat. Auth.: ORS
				  731.244 &
				  746.608
Stats. Implemented: ORS
				  746.600 &
				  746.607
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0695 - Access to Recorded Personal Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an individual or personal
			 representative of an individual, after proper identification, submits a written
			 request to an insurer, insurance producer or insurance-support organization for
			 access to recorded personal information about the individual that is reasonably
			 described by the individual and reasonably locatable and retrievable by the
			 insurer, insurance producer or insurance-support organization, the insurer,
			 insurance producer or insurance-support organization within 30 business days
			 from the date the request is received shall:
(a) Inform the individual of the nature and
			 substance of the recorded personal information in writing, by telephone or by
			 other oral communication, whichever the insurer, insurance producer or
			 insurance-support organization prefers;
(b) Permit access to inspect or obtain a copy
			 of the individual's personal financial information or protected health
			 information that is maintained in a designated record set about the individual;
			 and
(c) Provide the individual with
			 a summary of the procedures by which the individual may request correction,
			 amendment or deletion of recorded personal information.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0700 - Correction, Amendment or Deletion of Recorded Personal Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 30
			 business days from the date of receipt of a written request from an individual
			 to correct, amend or delete any recorded personal information about the
			 individual within its possession, an insurer, insurance producer or
			 insurance-support organization shall either:
(a) Correct, amend or delete the portion of
			 the recorded personal information in dispute; or
(b) Notify the individual of:
(A) Its refusal to make the correction,
			 amendment or deletion;
(B) The
			 reasons for the refusal; and
(C)
			 The individual's right to file a statement as provided in subsection (3) of
			 this section.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0750 - Purpose; Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 OAR 836-080-0750  to 836-080-0775  establish standards for protecting active duty
			 service members of the United States Armed Forces from dishonest and predatory
			 insurance sales practices by declaring certain identified practices to be
			 false, misleading, deceptive or unfair.
(2) OAR 836-080-0750  to 836-080-0775  are
			 adopted pursuant to the authority of ORS
			 731.244 for the purpose of
			 implementing 746.075,
			 746.110 and
			 746.240.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.075,
				  746.110,
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0755 - Application of OAR 836-080-0750 to 836-080-0775

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-080-0750  to 836-080-0775  apply only to the solicitation or sale of any life insurance or annuity product by an insurer or insurance producer to an active duty service member of the United States Armed Forces.
(2) OAR 836-080-0750  to 836-080-0775  do not apply to solicitations or sales involving:
(a) Credit insurance;
(b) Group life insurance or group annuities when there is no in-person, face-to-face solicitation of individuals by an insurance producer or when the policy or certificate does not include a side fund;
(c) An application to the existing insurer that issued the existing policy or contract when a contractual change or a conversion privilege is being exercised; or, when the existing policy or contract is being replaced by the same insurer pursuant to a program filed with and approved by the Director; or, when a term conversion privilege is exercised among corporate affiliates;
(d) Individual stand-alone health policies, including disability income policies;
(e) Contracts offered by Servicemembers' Group Life Insurance (SGLI) or Veteran's Group Life Insurance (VGLI), as authorized by 38 U.S.C. Section 1965 et seq.;
(f) Contracts offered by State Sponsored Life Insurance (SSLI), as authorized by Public Law 93-289, Title 37 U.S.C., sec. 707 et seq;
(g) Life insurance contracts offered through or by a non-profit military association, qualifying under Section  501 (c) (23) of the Internal Revenue Code (IRS), and which are not underwritten by an insurer; or
(h) Contracts used to fund:
(A) An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);
(B) A plan described by Sections  401(a),  401(k),  403(b),  408(k), or  408(p) of the IRC, as amended, if established or maintained by an employer;
(C) A government or church plan defined in Section 414 of the IRS, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under Section 457 of the IRS;
(D) A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;
(E) Settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or
(F) Prearranged funeral contracts.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0760 - Definitions for OAR 836-080-0750 to 836-080-0775

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 836-080-0750  to
				836-080-0775:
(1) "Active Duty" means
			 full-time duty in the active military service of the United States and includes
			 members of the reserve component (National Guard and Reserve) while serving
			 under published orders for active duty or full-time training. The term does not
			 include members of the reserve component who are performing active duty or
			 active duty for training under military calls or orders specifying periods of
			 less than 31 calendar days.
(2)
			 "Department of Defense (DoD) Personnel" means all active duty service members
			 and all civilian employees, including nonappropriated fund employees and
			 special government employees, of the Department of Defense.
(3) "Door to Door" means a solicitation or
			 sales method whereby an insurance producer proceeds randomly or selectively
			 from household to household without prior specific appointment.
(4) "General Advertisement" means an
			 advertisement having as its sole purpose the promotion of the reader's or
			 viewer's interest in the concept of insurance, or the promotion of the insurer
			 or the insurance producer.
(5)
			 "Insurer" means an insurance company required to be licensed under the laws of
			 this state to provide life insurance products, including annuities.
(6) "Insurance producer" means a person
			 required to be licensed under the laws of this state to sell, solicit, or
			 negotiate life insurance, including annuities.
(7) "Known" or "knowingly" means, depending
			 on its use in OAR 836-080-0750  to 836-080-0775, the insurance producer or
			 insurer had actual awareness, or in the exercise of ordinary care should have
			 know, at the time of the act or practice complained of, that the person
			 solicited:
(a) Is a service member;
			 or
(b) Is a service member with a
			 pay grade of E-4 or below.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0765 - Practices Declared False, Misleading, Deceptive or Unfair on a Military Installation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following acts or practices when committed on a military installation by an
			 insurer or insurance producer with respect to the in-person, face-to-face
			 solicitation of life insurance are declared to be false, misleading, deceptive
			 or unfair:
(a) Knowingly soliciting the
			 purchase of any life insurance product "door to door" or without first
			 establishing a specific appointment for each meeting with the prospective
			 purchaser.
(b) Soliciting service
			 members in a group or "mass" audience or in a "captive" audience when
			 attendance is not voluntary.
(c)
			 Knowingly making appointments with or soliciting service members during their
			 normally scheduled duty hours.
(d)
			 Making appointments with or soliciting service members in barracks, day rooms,
			 unit areas, or transient personnel housing or other areas in which the
			 installation commander has prohibited solicitation.
(e) Soliciting the sale of life insurance
			 without first obtaining permission from the installation commander or the
			 commander's designee.
(f) Posting
			 unauthorized bulletins notices or advertisements.
(g) Failing to present DD Form 2885,
			 "Personal Commercial Solicitation Evaluation, to service members solicited or
			 encouraging service members solicited not to complete or submit a DD Form
			 2885.
(h) Knowingly accepting an
			 application for life insurance or issuing a policy of life insurance on the
			 life of an enlisted member of the United States Armed Forces without first
			 obtaining for the insurer's files a completed copy of any required form that
			 confirms that the applicant has received counseling or fulfilled any other
			 similar requirement for the sale of life insurance established by regulations,
			 directives or rules of the DoD or any branch of the Armed Forces.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0775 - Severability

Current through Register Vol. 63, No. 7, July 1, 2024
If any provisions of OAR 836-080-0750  to 836-080-0775  or their
				application to any person or circumstance is held invalid for any reason, the
				invalidity shall not affect the other provisions or any other application of
				OAR 836-080-0750  to 836-080-0775  that can be given effect without the invalid
				provisions or applicant. To this end all provisions of OAR 836-080-0750  to
				836-080-0775  are declared to be severable.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.075,
				  746.110,
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0800 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 836-080-0800  to 836-080-0810, "loss runs" means
				information about a current or prior commercial policyholder's reported losses,
				including paid amounts on all reported claims. Such losses shall be valued as
				of the insurer's most current valuation date, but not more than 90 days prior
				to the date of the request for loss runs.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.160 &
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0805 - Statutory Authority, Purpose, and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-080-0800  to 836-080-0810  are
			 adopted by the Director of the Department of Consumer and Business Services
			 pursuant to the Director's general rulemaking authority in ORS
			 731.244.
(2) The purpose of OAR 836-080-0800  to
			 836-080-0810  is to require certain property and casualty insurers or their
			 appointed producers of record to provide loss runs on a timely basis to current
			 and prior commercial policyholders, upon request by the policyholder to the
			 insurer or its appointed producer of record.
(3)
(a)
			 Except as provided in subsection (b) of this section, OAR 836-080-0800  to
			 836-080-0810  apply with respect to all commercial property, commercial
			 liability including umbrella or excess policies, and commercial automobile
			 insurance except title and surety insurance.
(b) OAR 836-080-0810(2)  applies only to
			 workers' compensation insurance.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0810 - Provision of Commercial Loss Runs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Property and casualty insurers or their
			 appointed producers of record shall make loss runs available to current and
			 prior commercial policyholders within 15 calendar days upon request by the
			 policyholder to the insurer or its appointed producer of record. The insurer
			 shall provide five years of loss runs, or, if the commercial policyholder has
			 been insured with that insurer for less than five years, for the entire period
			 the policyholder has been insured with that insurer.
(2) Loss runs related to workers'
			 compensation insurance shall not include confidential worker medical and
			 vocational claim records pursuant to ORS
			 656.360 and
			 656.362.
(3) Violation of this rule is an unfair trade
			 practice for the purpose of ORS
			 746.240.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.160 &
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0600 - Authority; Rule of Construction; Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-080-0600  to 836-080-0700  are
			 adopted under the authority of ORS
			 731.244 and
			 746.608, for the purpose of
			 implementing 746.600 and
			 746.607 with respect to
			 licensees transacting health insurance.
(2) The examples in OAR 836-080-0600  to
			 836-080-0700  are not exclusive. Compliance with an example in 836-080-0600  to
			 836-080-0700  constitutes compliance with the rule to which the example
			 applies.
(3) OAR 836-080-0600  to
			 836-080-0700  apply to health insurance activities of a licensee and not to
			 noninsurance activities.
(4) The
			 applicability of the exemptions in OAR 836-080-0670(1)(a) and (b)  includes but
			 is not limited to a licensee's transactions described in 836-080-0670(1)(a) and
			 (b)  with a reinsurer or with an insurer with respect to stop loss or excess
			 loss insurance.
Stat. Auth.: ORS
				  731.244 &
				  746.608
Stats. Implemented: ORS
				  746.600 and
				  746.607
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0610 - Definitions and Examples

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions and examples of definitions apply to
				the following terms as they are defined or used in OAR 836-080-0600  to
				836-080-0700:
(1) "Clear and
			 conspicuous" means that a notice under OAR 836-080-0615  or 836-080-0620  or a
			 disclosure authorization form under 836-080-0665  is reasonably understandable
			 and designed to call attention to the nature and significance of the
			 information in the notice or disclosure authorization form. The following are
			 applicable examples:
(a) Examples of
			 "reasonably understandable." A licensee makes its notice or disclosure
			 authorization form reasonably understandable if it:
(A) Presents the information in the notice or
			 disclosure authorization form in clear, concise sentences, paragraphs and
			 sections;
(B) Uses short
			 explanatory sentences or bullet lists whenever possible;
(C) Uses definite, concrete, everyday words
			 and active voice whenever possible;
(D) Avoids multiple negatives;
(E) Avoids legal and highly technical
			 business terminology whenever possible; and
(F) Avoids explanations that are imprecise
			 and readily subject to different interpretations.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0900 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 836-080-0900  to 836-080-0905:
(1) "Covered loss" means any loss, damage, or
			 injury that would be covered by a property and casualty personal lines policy
			 unless arising out of an act or omission of a person insured under such
			 policy.
(2) "Innocent person"
			 means, with respect to any covered loss, a person:
(a) Who did not cause such covered
			 loss;
(b) Who did not materially
			 contribute to such covered loss; and
(c) Who did not know that such covered loss
			 was reasonably likely to occur or undertook reasonable efforts to prevent or
			 limit such covered loss.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 80 - TRADE PRACTICES › Section 836-080-0905 - Language used for co-insureds on property and casualty personal lines policies

Current through Register Vol. 63, No. 7, July 1, 2024
No property and casualty personal lines policy may contain any
				provision or other language that would deny coverage to any innocent person
				insured under such policy for any covered loss arising out of any act or
				omission of any other person insured under such policy.
Statutory/Other Authority: ORS
				  742.005
Statutes/Other Implemented: ORS
				  731.244
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 81 - TRADE PRACTICES - GENERAL PROVISIONS › Section 836-081-0005 - Statutory Authority; Purpose; Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-081-0005  and 836-081-0010  are
			 adopted by the Director of the Department of Consumer and Business Services
			 pursuant to the general rulemaking authority in ORS
			 731.244.
(2) OAR 836-081-0005  and 836-081-0010  identify particular practices that make an unfair discrimination in the
			 availability of insurance, in violation of ORS
			 746.015. OAR 836-081-0005  and
			 836-081-0010  do not limit the Director's authority to determine that other
			 practices relating to insurance availability are unfairly
			 discriminatory.
(3) OAR
			 836-081-0005  and 836-081-0010  do not concern the making and use of insurance
			 rates. Under ORS 737.310, which applies to most
			 lines of property and casualty insurance, the making and use of rates that are
			 unfairly discriminatory is prohibited. Under ORS 746nfair discrimination in the
			 application of rates is prohibited.
(4) OAR 836-081-0005  and 836-081-0010  do not
			 prohibit the use of other risk selection criteria that reasonably can be
			 related to the rates and policy forms used by the insurer.
(5) For the purpose of OAR 836-081-0005  and
			 836-081-0010:
(a) "Availability of insurance"
			 includes all terms, conditions, and types of coverage under insurance
			 policies;
(b) "Insurer", when used
			 in connection with several insurers in a group under common ownership or
			 control, refers to the group of insurers collectively rather than
			 individually.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 81 - TRADE PRACTICES - GENERAL PROVISIONS › Section 836-081-0010 - Unfair Discrimination - Insurance Other than Life or Health Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An insurer
			 decision on the availability of insurance for an individual, other than life or
			 health insurance, that is based on any of the following characteristics is
			 considered to be unfair discrimination:
(a)
			 Age of individuals;
(b)
			 Sex;
(c) Marital status (i.e.,
			 single, married, separated, divorced);
(d) Race or color;
(e) Creed;
(f) National origin;
(g) Ancestry;
(h) Occupation, if lawful, unless the
			 occupation significantly increase the degree of hazard. This paragraph does not
			 apply in the case of an insurer that limits its market to one occupation or
			 several related occupations;
(i)
			 Change of occupation, unless the frequency of change is significant;
(j) Change of domicile, unless the frequency
			 of change is significant or the change significantly increases the degree of
			 hazard or the expense of administering policy benefits;
(k) Previous rejection, cancellation or
			 nonrenewal of insurance by another insurer;
(l) Change of insurer;
(m) Lack of previous insurance, unless the
			 lack is in violation of law.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 81 - TRADE PRACTICES - GENERAL PROVISIONS › Section 836-081-0020 - Statutory Authority; Purpose; Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-081-0020  and 836-081-0030  are
			 adopted pursuant to the general rulemaking authority of the Director of the
			 Department of Consumer and Business Services in ORS
			 731.244 as an aid in
			 effectuation of 746.015(2).
(2) The purpose of OAR 836-081-0020  to
			 836-081-0030  is to protect blind or partially blind members of the
			 insurance-buying public from unfair discrimination by insurers by identifying
			 specific acts or practices that are prohibited by ORS
			 746.015(2) when
			 an insurer engages in one or more of them solely on the basis of blindness or
			 partial blindness.
(3) OAR
			 836-081-0020  to 836-081-0030  shall apply to all insurance
			 transactions.
Stat. Auth.: ORS 731
Stats. Implemented: ORS
				  746.015(2)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 81 - TRADE PRACTICES - GENERAL PROVISIONS › Section 836-081-0030 - Unfair Discrimination Acts or Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following acts and practices
			 constitute unfair discrimination between individuals of the same class when an
			 insurer engages in one or more of them solely because of blindness or partial
			 blindness of an individual:
(a) Refusing to
			 insure, or refusing to continue to insure, the individual; or
(b) Limiting the amount, extent or kind of
			 coverage available to the individual or
(c) Charging the individual a different rate
			 for the same coverage.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 81 - TRADE PRACTICES - GENERAL PROVISIONS › Section 836-081-0101 - Purpose, Policy, Authority and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-081-0101  to 836-081-0126  are
			 adopted by the Director of the Department of Consumer and Business Services
			 under the authority of ORS
			 731.244 for the purpose of
			 implementing:
(a) ORS
			 746.240, relating to trade
			 practices found by the Director to be an unfair or deceptive act or practice in
			 the transaction of insurance that is injurious to the insurance-buying public;
			 and
(b) ORS
			 746.670, relating to the
			 Director's authority to examine and investigate into the affairs of an insurer,
			 agent or insurance support organization in order to determine whether any of
			 those entities is violating or has violated any provision of ORS
			 746.600 to
			 746.690, governing the use and
			 disclosure of insurance information.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 81 - TRADE PRACTICES - GENERAL PROVISIONS › Section 836-081-0106 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of OAR 836-081-0101  to 836-081-0126, the following
				definitions apply:
(1) "Customer"
			 means a customer of the licensee as the term "customer" is defined in ORS
			 746.600(10).
(2) "Customer information" means personal
			 information as defined in ORS
			 746.600 about a customer,
			 whether in paper, electronic or other form, that is maintained by or on behalf
			 of the licensee.
(3) "Customer
			 information systems" means the electronic or physical methods used to access,
			 collect, store, use, transmit, protect or dispose of customer
			 information.
(4) "Licensee" means a
			 licensee as that term is defined in ORS
			 746.600, except that "licensee"
			 does not include a purchasing group or an unauthorized insurer in regard to
			 surplus lines business conducted pursuant to
			 735.400 to
			 735.495.
(5) "Service provider" means a person that
			 maintains, processes or otherwise is permitted access to customer information
			 through its provision of services directly to the licensee.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.240, ORS
				  746.670
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 81 - TRADE PRACTICES - GENERAL PROVISIONS › Section 836-081-0111 - Information Security Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each licensee shall implement a comprehensive written information security
			 program that includes administrative, technical and physical safeguards for the
			 protection of customer information. The administrative, technical and physical
			 safeguards included in the information security program shall be appropriate to
			 the size and complexity of the licensee and the nature and scope of its
			 activities.
(2) If a licensee is
			 domiciled in another jurisdiction or subject to the primary jurisdiction of a
			 different functional regulator, and the statutes and rules administered by its
			 domiciliary regulator or primary functional regulator establish standards for
			 protecting the security of consumer information that are substantially similar
			 to those established by OAR 836-081-0101  to 836-081-0126, then good faith
			 compliance with those standards to the satisfaction of the licensee's primary
			 regulator shall constitute compliance with OAR 836-081-0101  to
			 836-081-0126.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.240, ORS
				  746.670
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 81 - TRADE PRACTICES - GENERAL PROVISIONS › Section 836-081-0116 - Objectives of Information Security Program

Current through Register Vol. 63, No. 7, July 1, 2024
A licensee's information security program shall be designed
				to:
(1) Ensure the security and
			 confidentiality of customer information;
(2) Protect against any anticipated threats
			 or hazards to the security or integrity of the information; and
(3) Protect against unauthorized access to or
			 use of the information that could result in substantial harm or inconvenience
			 to any customer.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.240, ORS
				  746.670
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 81 - TRADE PRACTICES - GENERAL PROVISIONS › Section 836-081-0121 - Examples of Methods of Development and Implementation

Current through Register Vol. 63, No. 7, July 1, 2024
The actions and procedures described in this rule are examples
				of methods of implementation of the requirements of OAR 836-081-0111  and
				836-081-0116. These examples are nonexclusive illustrations of actions and
				procedures that licensees may follow to implement 836-081-0111  and
				836-081-0116. The examples are as follows:
(1) Assessing risk. The licensee:
(a) Identifies reasonably foreseeable
			 internal or external threats that could result in unauthorized disclosure,
			 misuse, alteration or destruction of customer information or customer
			 information systems;
(b) Assesses
			 the likelihood and potential damage of these threats, taking into consideration
			 the sensitivity of customer information; and
(c) Assesses the sufficiency of policies,
			 procedures, customer information systems and other safeguards in place to
			 control risks.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 81 - TRADE PRACTICES - GENERAL PROVISIONS › Section 836-081-0126 - Unfair Insurance Trade Practice

Current through Register Vol. 63, No. 7, July 1, 2024
Violation of any provision of OAR 836-081-0101  to 836-081-0126 is an unfair trade practice for purposes of ORS
				746.240.
Stat. Auth.: ORS
				  731.244
Stats. Implemented: ORS
				  746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 82 - DISCONTINUANCE AND REPLACEMENT OF GROUP COVERAGE › Section 836-082-0050 - Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
OAR 836-082-0055  is adopted by the Director of the Department
				of Insurance and Finance pursuant to the authority of the Director:
(1) To carry out the prohibition in ORS
			 746.015 against unfair
			 discrimination in the availability of insurance and in the terms or conditions
			 of insurance policies;
(2) To aid
			 in the carrying out of ORS
			 742.005(3),
			 which requires the Director to disapprove a form requiring the Director's
			 approval if in the Director's judgment, its use would be prejudicial to the
			 interests of the insurer's policyholders; and
(3) To aid in the carrying out of ORS
			 742.005(4),
			 which requires the Director to disapprove a form if the Director finds it
			 contains unjust, unfair or inequitable provisions.
Stat. Auth.: ORS 731, ORS 742 & ORS 746
Stats. Implemented: ORS
				  742.005(3) -
				  ORS 742.005(4)
				  & ORS 746.0015(1)
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 82 - DISCONTINUANCE AND REPLACEMENT OF GROUP COVERAGE › Section 836-082-0055 - Continuance of Group Health Insurance Coverage in Situations Involving Replacement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule:
(a) Indicates the insurer responsible
			 for liability when one insurer's group health policy or contract providing
			 coverage for hospital or medical services or expenses replaces a policy or
			 contract of similar benefits of another insurer;
(b) Indicates which policy or contract
			 provides coverage for a policyholder when an insurer replaces a group health
			 insurance policy or contract with a policy or contract of similar
			 benefits.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 85 - PRACTICES INJURIOUS TO PUBLIC OR FREE COMPETITION › Section 836-085-0001 - Statutory Authority; Purpose; Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 836-085-0001  to 836-085-0050  are
			 adopted pursuant to the general rulemaking authority of the Director of the
			 Department of Insurance and Finance in ORS
			 731.244, to aid in the proper
			 effectuation of 737.330,
			 746.160 and
			 746.240.
(2) The purpose of OAR 836-085-0001  to
			 836-085-0050  is to protect the insurance-buying public in insurance
			 transactions involving termination, renewal or nonrenewal, or premium increases
			 on contracts of insurance by:
(a) Regulating
			 the grounds for midterm cancellation of an insurance policy;
(b) Prohibiting midterm increases in
			 premium;
(c) Increasing the
			 opportunity for policyholders to shop for replacement or substitute
			 insurance;
(d) Reducing the
			 opportunity for breach of policy bargain, misrepresentation by omission or
			 untimely disclosure, and unfair discrimination among insureds; and
(e) Increasing the opportunity for insurance
			 producers to freely compete.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 85 - PRACTICES INJURIOUS TO PUBLIC OR FREE COMPETITION › Section 836-085-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 836-085-0001  to 836-085-0050, unless the context
				required otherwise:
(1) "Cancellation"
			 means termination of a policy at a date other than its expiration
			 date.
(2) "Expiration Date" means
			 the date upon which coverage under a policy ends. For a policy written for a
			 term longer than one year or with no fixed expiration date, "expiration date"
			 means the annual anniversary date of the policy.
(3) "Premium" means the contractual
			 consideration charged to an insured for insurance for a specified period of
			 time regardless of the timing of actual charges.
(4) "Renewal" or "Renew" means the issuance
			 of, or the offer to issue by an insurer, a policy succeeding a policy
			 previously issued and delivered by the same insurer or the issuance of a
			 certificate or notice extending the terms of an existing policy for a specified
			 period beyond its expiration date.
Stat. Auth.: ORS 731
Stats. Implemented: ORS
				  746.045, ORS
				  746.055, ORS
				  746.160(3)
				  & ORS 746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 85 - PRACTICES INJURIOUS TO PUBLIC OR FREE COMPETITION › Section 836-085-0010 - Midterm Cancellation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 policy of commercial insurance may not be cancelled by the insurer prior to the
			 expiration date of the policy, except on one or more of the following grounds:
(a) Nonpayment of premium, which means the
			 failure or inability of the named insured to discharge any obligation in
			 connection with the payment of premium on a policy of commercial insurance,
			 whether the payments are payable directly to the insurer or its insurance
			 producer or indirectly payable under a premium finance plan or extension of
			 credit;
(b) Fraud or material
			 misrepresentation made by or with the knowledge of the named insured in
			 obtaining the policy, continuing the policy or in presenting a claim under the
			 policy;
(c) Substantial increase in
			 the risk of loss after insurance coverage has been issued or renewed, including
			 but not limited to an increase in exposure due to rules, legislation or court
			 decision;
(d) Failure to comply
			 with reasonable loss control recommendations;
(e) Substantial breach of contractual duties,
			 conditions or warranties;
(f)
			 Determination by the Director that the continuation of a line of insurance or
			 class of business to which the policy belongs will jeopardize a company's
			 solvency or will place the insurer in violation of the insurance laws of Oregon
			 or any other state;
(g) Loss or
			 decrease in reinsurance covering the risk.
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 85 - PRACTICES INJURIOUS TO PUBLIC OR FREE COMPETITION › Section 836-085-0011 - Hearing on Cancellation

Current through Register Vol. 63, No. 7, July 1, 2024
Within 30 days after receiving a notice of cancellation under
				OAR 836-085-0010, an insured may request a hearing before the Director. The
				purpose of this hearing shall be limited to establishing the existence of the
				proof or evidence given by the insurer in its notice of cancellation. The
				burden of proving the reason for cancellation shall be upon the
				insurer.
Stat. Auth.: ORS 731
Stats. Implemented: ORS
				  746.045, ORS
				  746.055, ORS
				  746.160(3)
				  & ORS 746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 85 - PRACTICES INJURIOUS TO PUBLIC OR FREE COMPETITION › Section 836-085-0015 - Longterm Cancellation

Current through Register Vol. 63, No. 7, July 1, 2024
If a policy is issued for a term longer than one year, and for
				additional consideration a premium is guaranteed, the insurer may not refuse to
				renew the policy or increase the premium for the term of that
				policy.
Stat. Auth.: ORS 731, ORS 737 & ORS 746
Stats. Implemented: ORS
				  746.045, ORS
				  746.055, ORS
				  746.160(3)
				  & ORS 746.240
Oregon Administrative Rules › Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION › Division 85 - PRACTICES INJURIOUS TO PUBLIC OR FREE COMPETITION › Section 836-085-0025 - Renewal With Altered Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If the insurer offers or purports to renew the policy, but on terms less
			 favorable to the insured or at higher rates, the new terms or rates may take
			 effect on the renewal date if the insurer provides 30 days' written notice to
			 the insured and to the insurance producer, if any. If the insurer does not
			 provide such notice, the insured may cancel the renewal policy within 30 days
			 after receipt of such notice. Earned premium for period of coverage, if any,
			 shall be calculated pro rata at the lower of the current or previous year's
			 rate. If the insured accepts the renewal, any premium increase or changes in
			 terms shall be effective immediately following the prior policy's expiration
			 date.
(2) Nonrenewal of a policy
			 shall not be effective until at least 30 days after the insured received a
			 written notice of nonrenewal. If, after an insurer provides a notice of
			 nonrenewal as described in this section, the insurer extends the policy 90 days
			 or less, and additional notice of nonrenewal is not required with respect to
			 the extension. For purposes of this section, "nonrenewal" means the refusal of
			 an insurer to renew a policy at its expiration date.
(3) Section (1) of this rule does not apply:
(a) If the change is a form, rate or plan
			 filed with the Director and applicable to the entire line of insurance or class
			 of business to which the policy belongs; or
(b) To a premium increase based on the
			 altered nature or extent of the risk insured against.