Oregon Statutes - Chapter 746 - Trade Practices

746.005 Trade practices exempted from prohibitions.
Nothing in this chapter shall apply to wet marine and transportation insurance or prohibit any of the following practices: (1) In the case of life...
746.010 [Amended by 1961 c.256 §1; 1967 c.359 §507; renumbered 743.702]
746.015 Discrimination; noncompliance; hearing.
(1) No person shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life, or between risks of...
746.018 Discrimination in issuance of burglary, theft, robbery or casualty policies prohibited.
(1) In cities of 300,000 or more, and except as provided in subsection (3) of this section, no insurer shall make or permit any unfair...
746.020 [Amended by 1965 c.610 §13; repealed by 1967 c.359 §704]
746.025 Securities or other contracts as inducement to insurance.
No person shall sell, agree or offer to sell, or give or offer to give, directly or indirectly in any manner whatsoever, shares of stock,...
746.030 [Amended by 1961 c.256 §2; 1967 c.359 §508; renumbered 743.705]
746.035 Inducements not specified in policy.
Except as otherwise expressly provided by the Insurance Code, no person shall permit, offer to make or make any contract of insurance, or agreement as...
746.040 [Amended by 1961 c.256 §3; repealed by 1967 c.359 §704]
746.045 Rebates.
No person shall personally or otherwise offer, promise, allow, give, set off, pay or receive, directly or indirectly, any rebate of or rebate of part...
746.050 [Amended by 1961 c.256 §4; repealed by 1967 c.359 §704]
746.055 Title insurance commissions, rebates and discounts.
With respect to title insurance, no commissions, rebates or discounts shall be paid, allowed or permitted to any person having an interest in or lien...
746.060 [Repealed by 1961 c.256 §5]
746.065 Personal or controlled insurance.
(1) As used in this section, �personal or controlled insurance� means insurance covering an insurance producer or: (a) The spouse of the insurance producer, the...
746.070 [Repealed by 1961 c.256 §5]
746.075 Misrepresentation generally.
(1) A person may not engage, directly or indirectly, in any action described in subsection (2) of this section in connection with: (a) The offer...
746.080 [Amended by 1967 c.359 §509; renumbered 743.708]
746.085 Regulating replacement of life insurance; compensation of insurance producers; rules.
In addition to all other powers of the Director of the Department of Consumer and Business Services with respect thereto, the director may issue rules:...
746.090 [Repealed by 1967 c.359 §704]
746.100 Misrepresentation in insurance applications or transactions.
No person shall make a false or fraudulent statement or representation on or relative to an application for insurance, or for the purpose of obtaining...
746.110 False, deceptive or misleading statements.
No person shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed...
746.115 Advertisements in languages other than English.
(1) An insurer or licensee who advertises in a language other than English is not required to provide an insurance policy in any language other...
746.120 Illegal dealing in premiums.
No person shall willfully collect any sum as premium or charge for insurance which is not then provided, or is not in due course to...
746.125 Limitation on coverage of eye care services.
(1) As used in this section: (a) �Health care service contractor� has the meaning given that term in ORS 750.005. (b) �Independent practice association� has...
746.130 Insurance connected to sale or rental of property; prohibition; exceptions; charges.
(1) No insurer shall participate in any plan to offer or effect in this state, as an inducement to the purchase or rental by the...
746.135 Genetic tests and information; rules.
(1) If a person asks an applicant for insurance to take a genetic test in connection with an application for insurance, the use of the...
746.140 Sale of life insurance with securities; written proposal; application of securities law.
(1) Every insurer or insurance producer soliciting an offer to buy or selling life insurance in correlation with the sale of securities shall furnish the...
746.145 Workers� compensation insurance; combination of group of employers; purpose; conditions.
(1) Notwithstanding ORS 737.600, but subject to all other rate filing requirements of ORS chapter 737, an insurer may combine for dividend purposes the experience...
746.147 Workers� compensation insurance; quoting premiums.
An insurer or insurance producer offering workers� compensation insurance in Oregon shall not quote projected net insurance premiums based upon figures that are discretionary or...
746.150 Other insurance; combination of experience of group of persons or risks; purpose; rules; conditions.
(1) For property, inland marine, casualty or surety insurance, an insurer may combine for dividend purposes the experience of a group of persons or risks...
746.155 Applicability of ORS 746.145 and 746.150.
ORS 746.145 and 746.150 do not apply to groupings or combinations of persons or risks by way of common ownership or common use and control...
746.160 Practices injurious to free competition.
Except as otherwise expressly provided by law, no person, either within or outside of this state, directly or indirectly, shall enter into any contract, understanding...
746.170 [Formerly 736.705; repealed by 1977 c.742 §9]
746.180 [Formerly 736.715; repealed by 2003 c.363 §16]
746.182 [1987 c.846 §18; 1989 c.701 §74; 1995 c.334 §5; 1997 c.831 §§6,6a; 2001 c.191 §57; 2001 c.377 §52; repealed by 2003 c.363 §16]
746.185 [1977 c.742 §2; 1985 c.762 §189; 1997 c.631 §551; 2001 c.377 §52a; repealed by 2003 c.363 §16]
746.190 [Formerly 736.725; repealed by 1977 c.742 §9]
746.191 [1977 c.742 §3; 2003 c.14 §451; repealed by 2003 c.363 §16]
746.195 Insurance on property securing loan or credit; certain practices by depository institutions prohibited.
(1) A depository institution may not: (a) Solicit the sale of insurance for the protection of real or personal property after a person indicates interest...
746.200 [Formerly 736.735; repealed by 1977 c.742 §9]
746.201 Depository institution to obtain required property insurance when borrower does not; notice required.
(1) In a contract or loan agreement, or in a separate document accompanying the contract or loan agreement and signed by the mortgagor, borrower or...
746.205 [1977 c.742 §6; repealed by 2003 c.363 §16]
746.210 [Formerly 736.745; repealed by 1977 c.742 §9]
746.211 [1977 c.742 §7; 1987 c.916 §11; repealed by 2003 c.363 §16]
746.213 Definitions for ORS 746.213 to 746.219.
As used in ORS 746.213 to 746.219: (1) �Affiliate� means any company that controls, is controlled by or is under common control with another company....
746.215 Regulation of depository institutions with regard to insurance sales or solicitations.
(1) A depository institution or an affiliate of a depository institution that lends money or extends credit may not: (a) As a condition precedent to...
746.217 Disclosures to customers.
(1) A depository institution that sells insurance, and any person that sells insurance on behalf of a depository institution, or on the premises of a...
746.219 Investigatory powers.
(1) The Director of the Department of Consumer and Business Services may examine and investigate the insurance activities of any person that the director believes...
746.220 Debtor�s option in furnishing credit life or credit health insurance.
When credit life insurance or credit health insurance, as defined in ORS 743.371, is required as additional security for any indebtedness, the debtor shall, upon...
746.222 Prohibition on referral of individual to Medical Insurance Pool.
No insurer or licensee under the Insurance Code shall refer an individual to the Oregon Medical Insurance Pool, established under ORS 735.600 to 735.650, for...
746.225 [1975 c.469 §2; repealed by 1979 c.140 §3]
746.230 Unfair claim settlement practices.
(1) No insurer or other person shall commit or perform any of the following unfair claim settlement practices: (a) Misrepresenting facts or policy provisions in...
746.240 Undefined trade practices injurious to public prohibited.
No person shall engage in this state in any trade practice that, although not expressly defined and prohibited in the Insurance Code, is found by...
746.250 [1967 c.359 §590; repealed by 1973 c.281 §3]
746.260 Driving record not to be considered in issuance of motor vehicle insurance.
(1) Except as provided in subsection (4) of this section, when an individual applies for a policy or a renewal of a policy of casualty...
746.265 Purposes for which abstract of nonemployment driving record may be considered.
(1) Subject to subsection (2) of this section, when an individual applies for a policy or a renewal of a policy of casualty insurance providing...
746.270 Use of past investment or predicted future investment experience in sale of variable life insurance policies.
No person shall make or use in the offer or sale of a variable life insurance policy any illustrations of benefits payable that include projections...
746.275 Definitions for ORS 746.275 to 746.300.
As used in ORS 746.275 to 746.300: (1) �Adjuster� means a person authorized to do business under ORS 744.505 or 744.515. (2) �Motor vehicle liability...
746.280 Designation of particular motor vehicle repair shop by insurer prohibited; notice; limitation of costs.
(1) An insurer may not require that a particular person make the repairs to the insured�s motor vehicle as a condition for recovery by the...
746.285 Notice of prohibition in motor vehicle repair shops; size; location.
A person operating a motor vehicle body and frame repair shop shall display in a conspicuous place in the shop a sign in bold face...
746.287 Insurer requirement of installation of aftermarket crash part in vehicle.
(1) Without the consent of the owner of the vehicle, an insurer may not require, directly or indirectly, that a motor vehicle body and frame...
746.289 Insurer offer of crash part warranty.
Any insurer which offers a motor vehicle insurance policy that provides coverage for repair of the vehicle shall make available to its insured a crash...
746.290 Notice of prohibition in policies and by adjusters.
(1) An adjuster establishing loss under a motor vehicle liability insurance policy shall advise the insured of the provisions of ORS 746.280. (2) Every motor...
746.292 Motor vehicle repair shops; invoices; estimates; warranties; prohibited practices.
(1) All work done by a motor vehicle body and frame repair shop shall be recorded on an invoice and shall describe all service work...
746.295 Proof and amount of loss under motor vehicle liability policies; determination by insurer.
Nothing in ORS 746.275 to 746.300 or 746.991 shall prohibit an insurer from establishing proof of loss requirements for motor vehicle liability insurance policies, investigating...
746.300 Liability of insurers and motor vehicle repair shops for damages; attorney fees.
An insured whose insurer violates ORS 746.280 or 746.290, or a customer whose motor vehicle body and frame repair shop violates ORS 746.292, may file...
746.305 Rules.
The Director of the Department of Consumer and Business Services may adopt rules to carry out the provisions of ORS 746.275 to 746.300 and 746.991....
746.307 [1989 c.947 §4; renumbered 743.724 in 1991]
746.308 Violation of provisions regarding totaled vehicles as violation of Insurance Code.
An insurer that violates ORS 819.014 or 819.018 shall be considered to have violated a provision of the Insurance Code. [1991 c.820 §7] Note: 746.308...
746.310 Representing or aiding unauthorized insurer prohibited; insurance producer liable to insured.
(1) No person shall in this state directly or indirectly with respect to domestic risks act as insurance producer for or otherwise transact insurance for...
746.320 Service of process equivalent to personal service on unauthorized foreign or alien insurer.
(1) When an unauthorized insurer does any of the acts specified in subsection (2) of this section in this state, by mail or otherwise, the...
746.330 Judgment by default after service of process under ORS 746.320.
Until the expiration of 30 days from the date of filing an affidavit of compliance under ORS 746.320, no plaintiff or complainant shall be entitled...
746.340 Conditions to be met by defendant unauthorized insurer before filing motions or pleadings.
(1) Except as provided in subsection (3) of this section, before any unauthorized insurer may file or cause to be filed any motion or pleading...
746.350 Attorney fee allowable to prevailing party.
In any action against an unauthorized insurer in which service of process was made in the manner provided in ORS 746.320, the court may award...
746.360 Exceptions to application of unauthorized insurer service of process law.
ORS 746.320 to 746.360 do not apply to an action against an unauthorized insurer arising out of any policy of: (1) Reinsurance or wet marine...
746.370 Records of insureds.
In order that the Director of the Department of Consumer and Business Services may effectively administer ORS 746.310 to 746.370, every person for or by...
746.405 Definitions for ORS 746.405 to 746.530.
As used in ORS 746.405 to 746.530, unless the context requires otherwise: (1) �Premium finance agreement� means an agreement by which an insured or prospective...
746.415 [1969 c.639 §3; repealed by 1993 c.265 §14]
746.420 [1989 c.700 §22; repealed by 1993 c.265 §14]
746.422 Inquiries from director to premium finance company.
In the manner provided in ORS 731.296, the Director of the Department of Consumer and Business Services may address inquiries to a premium finance company,...
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...
746.435 [Amended by 1969 c.639 §5; 1971 c.231 §36; 1989 c.700 §19; repealed by 1993 c.265 §14]
746.445 [1969 c.639 §6; 1989 c.700 §20; repealed by 1993 c.265 §14]
746.455 [1969 c.639 §7; 1971 c.231 §37; repealed by 1993 c.265 §14]
746.460 [1989 c.700 §23; repealed by 1993 c.265 §14]
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...
746.470 Prohibition against interfering with premium financing recommendation.
No insurer shall interfere in any way with the right of any person soliciting or procuring an application for its insurance policies to recommend to...
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...
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....
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...
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...
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...
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...
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...
746.600 Definitions for ORS 746.600 to 746.690.
As used in ORS 746.600 to 746.690: (1)(a) �Adverse underwriting decision� means any of the following actions with respect to insurance transactions involving insurance coverage...
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...
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...
746.607 Use and disclosure of personal information.
A health insurer: (1) May use or disclose personal information of an individual in a manner that is consistent with an authorization provided by the...
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...
746.609 Exemptions for health insurers.
ORS 746.620, 746.630, 746.640, 746.645 and 746.665 do not apply to health insurers. [2003 c.87 §5]
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...
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...
746.612 No right of action.
Nothing in ORS 746.607 may be construed to create a new private right of action against a health insurer. [2003 c.87 §18a]
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...
746.620 Notice of insurance information practices; rules.
(1) A licensee must provide a clear and conspicuous notice of personal information practices to individuals in connection with insurance transactions under the circumstances and...
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...
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...
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...
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...
746.640 Access to recorded personal information.
(1) If any individual, after proper identification, submits a written request to an insurer, insurance producer or insurance-support organization for access to recorded personal information...
746.645 Correction, amendment or deletion of recorded personal information.
(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...
746.650 Reasons for adverse underwriting decisions.
(1) In the event of an adverse underwriting decision, the insurer or insurance producer responsible for the decision must: (a) Either provide the consumer proposed...
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...
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...
746.661 Use of credit history or insurance score.
(1) An insurer that issues personal insurance policies in this state: (a) May not cancel or nonrenew personal insurance that has been in effect for...
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...
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...
746.665 Limitations and conditions on disclosure of certain information.
(1) 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...
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...
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...
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...
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...
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...
746.686 Use of prior claim or inquiry in determination to issue or renew homeowner insurance policy; rules.
(1) When a consumer applies for a homeowner insurance policy, an insurer may not use: (a) A prior claim of the consumer or a claim...
746.687 Cancellation of homeowner insurance policy.
(1) Except as provided in subsection (6) of this section, an insurer may cancel a homeowner insurance policy before the expiration of the policy only...
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...
746.690 Obtaining information under false pretenses prohibited.
No person shall knowingly and willfully obtain information about an individual from an insurer, insurance producer or insurance-support organization under false pretenses. [1981 c.649 §20;...
746.990 [Repealed by 1967 c.359 §704]
746.991 Penalties.
Violation of ORS 746.280 to 746.292 is a Class D violation. [1977 c.785 §8; 1999 c.1051 §221] Note: See note under 746.275. _______________

Last modified: August 7, 2008