(1) “Transact insurance” means one or more of the following acts effected by mail or otherwise:
(a) Making or proposing to make an insurance contract.
(b) Taking or receiving any application for insurance.
(c) Receiving or collecting any premium, commission, membership fee, assessment, due or other consideration for any insurance or any part thereof.
(d) Issuing or delivering policies of insurance.
(e) Directly or indirectly acting as an insurance producer for, or otherwise representing or aiding on behalf of another, any person in the solicitation, negotiation, procurement or effectuation of insurance or renewals thereof, the dissemination of information as to coverage or rates, the forwarding of applications, the delivering of policies, the inspection of risks, the fixing of rates, the investigation or adjustment of claims or losses, the transaction of matters subsequent to effectuation of the policy and arising out of it, or in any other manner representing or assisting a person with respect to insurance.
(f) Advertising locally or circularizing therein without regard for the source of such circularization, whenever such advertising or circularization is for the purpose of solicitation of insurance business.
(g) Doing any other kind of business specifically recognized as constituting the doing of an insurance business within the meaning of the Insurance Code.
(h) Doing or proposing to do any insurance business in substance equivalent to any of paragraphs (a) to (g) of this subsection in a manner designed to evade the provisions of the Insurance Code.
(2) Subsection (1) of this section does not include, apply to or affect the following:
(a) Making investments within a state by an insurer not admitted or authorized to do business within such state.
(b) Except as provided in ORS 743.015, doing or proposing to do any insurance business arising out of a policy of group life insurance or a policy of blanket health insurance, if the master policy was validly issued to cover a group organized primarily for purposes other than the procurement of insurance and was delivered in and pursuant to the laws of another state in which:
(A) The insurer was authorized to do an insurance business;
(B) The policyholder is domiciled or otherwise has a bona fide situs; and
(C) With respect to a policy of blanket health insurance, the policy was approved by the director of such state.
(c) Except as provided in ORS 743.015, doing or proposing to do any insurance business arising out of a policy of group health insurance, if the master policy was validly issued to cover an employer group other than an association, trust or multiple employer welfare arrangement and was delivered in and pursuant to the laws of another state in which:
(A) The insurer was authorized to do an insurance business; and
(B) The policyholder is domiciled or otherwise has a bona fide situs.
(d) Investigating, settling, or litigating claims under policies lawfully written within a state, or liquidating assets and liabilities, all resulting from the insurer’s former authorized operations within such state.
(e) Transactions within a state under a policy subsequent to its issuance if the policy was lawfully solicited, written and delivered outside the state and did not cover a subject of insurance resident, located or to be performed in the state when issued.
(f) The continuation and servicing of life or health insurance policies remaining in force on residents of a state if the insurer has withdrawn from such state and is not transacting new insurance therein.
(3) If mail is used, an act shall be deemed to take place at the point where the matter transmitted by mail is delivered and takes effect. [1967 c.359 §30; 1971 c.231 §10; 1989 c.784 §4; 2003 c.364 §64; 2007 c.752 §1]
Note: The amendments to 731.146 by section 6, chapter 752, Oregon Laws 2007, become operative January 2, 2014. See section 13, chapter 752, Oregon Laws 2007. The text that is operative on and after January 2, 2014, is set forth for the user’s convenience.
731.146. (1) “Transact insurance” means one or more of the following acts effected by mail or otherwise:
(a) Making or proposing to make an insurance contract.
(b) Taking or receiving any application for insurance.
(c) Receiving or collecting any premium, commission, membership fee, assessment, due or other consideration for any insurance or any part thereof.
(d) Issuing or delivering policies of insurance.
(e) Directly or indirectly acting as an insurance producer for, or otherwise representing or aiding on behalf of another, any person in the solicitation, negotiation, procurement or effectuation of insurance or renewals thereof, the dissemination of information as to coverage or rates, the forwarding of applications, the delivering of policies, the inspection of risks, the fixing of rates, the investigation or adjustment of claims or losses, the transaction of matters subsequent to effectuation of the policy and arising out of it, or in any other manner representing or assisting a person with respect to insurance.
(f) Advertising locally or circularizing therein without regard for the source of such circularization, whenever such advertising or circularization is for the purpose of solicitation of insurance business.
(g) Doing any other kind of business specifically recognized as constituting the doing of an insurance business within the meaning of the Insurance Code.
(h) Doing or proposing to do any insurance business in substance equivalent to any of paragraphs (a) to (g) of this subsection in a manner designed to evade the provisions of the Insurance Code.
(2) Subsection (1) of this section does not include, apply to or affect the following:
(a) Making investments within a state by an insurer not admitted or authorized to do business within such state.
(b) Except as provided in ORS 743.015, doing or proposing to do any insurance business arising out of a policy of group life insurance or group health insurance, or both, or a policy of blanket health insurance, if the master policy was validly issued to cover a group organized primarily for purposes other than the procurement of insurance and was delivered in and pursuant to the laws of another state in which:
(A) The insurer was authorized to do an insurance business;
(B) The policyholder is domiciled or otherwise has a bona fide situs; and
(C) With respect to a policy of blanket health insurance, the policy was approved by the director of such state.
(c) Investigating, settling, or litigating claims under policies lawfully written within a state, or liquidating assets and liabilities, all resulting from the insurer’s former authorized operations within such state.
(d) Transactions within a state under a policy subsequent to its issuance if the policy was lawfully solicited, written and delivered outside the state and did not cover a subject of insurance resident, located or to be performed in the state when issued.
(e) The continuation and servicing of life or health insurance policies remaining in force on residents of a state if the insurer has withdrawn from such state and is not transacting new insurance therein.
(3) If mail is used, an act shall be deemed to take place at the point where the matter transmitted by mail is delivered and takes effect.
Section: Previous 731.126 731.130 731.132 731.136 731.140 731.142 731.144 731.146 731.150 731.154 731.156 731.158 731.162 731.164 731.166 NextLast modified: August 7, 2008