Oregon Administrative Code

836-080-0225 Required Claim Communication Practices An insurer shall: (1) Not later than the 30th day after receipt of notification of claim, acknowledge the notification or pay the claim. An appropriate and dated notation of the acknowledgment shall be included in the insurer’s …

836-080-0230 Standard for Prompt Claim Investigation An insurer shall complete its claim investigation not later than the 45th day after its receipt of notification of claim, unless the investigation cannot reasonably be completed within that time. Statutory/Other Authority: ORS …

836-080-0235 Standards for Prompt and Fair Settlements — Generally (1) An insurer shall, not later than the 30th day after its receipt of properly executed proofs of loss from a first party claimant, advise the claimant of the acceptance or denial of the claim. An insurer shall n…

836-080-0240 Standards for Prompt and Fair Total Loss Settlements — Automobile Insurance (1) When an automobile insurance policy provides for the adjustment and settlement of collision or comprehensive coverage total losses on the basis of actual cash value or replacement with an…

836-080-0245 Statutory Authority and Purpose (1) OAR 836-080-0245 is adopted pursuant general rulemaking authority in ORS 731.244. (2) For the purpose of complying with ORS 742.053(3)(b), if a total loss of contents of a residence occurred as a result of a major disaster in a loc…

836-080-0250 Workers’ Compensation Insurance Unfair Claim Settlement Practices Standards For the purposes of ORS 746.230(1)(d), the following applies to a workers’ compensation insurer: (1) The insurer is required to conduct a “reasonable” investigation based on all available inf…

836-080-0305 Statutory Authority; Purpose; Applicability (1) OAR 836-080-0305 to 836-080-0370 are adopted by the Director of the Department of Consumer and Business Services pursuant to the general rulemaking authority in ORS 731.244, to aid in the effectuation of 746.045, 746.05…

836-080-0310 Definitions As used in OAR 836-080-0305 to 836-080-0370, unless the context requires otherwise: (1) A person “affiliated” with a title company means a person who controls, is controlled by, or is under common control with the title company; or a person who is an owne…

836-080-0315 Providing Things of Value to Intermediaries Generally Prohibited (1) A title company shall not, directly or indirectly, give or attempt to give any thing of value to an intermediary unless permitted by OAR 836-080-0320 to 836-080-0340. If more than one provision of O…

836-080-0320 Miscellaneous Things of Value A title company may give a thing of value, except money, to an intermediary if the net cost to the title company is $2 or less per thing of value or individual receiving the thing of value, whichever is applicable, and if the thing of va…

836-080-0325 Business Development Activities (1) A title company may give a thing of value to an intermediary in connection with an activity sponsored only by the title company if the net cost to the title company is $75 or less per individual attending, when five or fewer indivi…

836-080-0335 Gifts (1) A title company may give a plant or flowers to an intermediary in connection with an open house of a new or substantially remodeled office of the intermediary if the net cost to the title company is $50 or less. (2) A title company may give a thing of value…

836-080-0337 Real Property Information (1) A title company may give to an intermediary information that relates to a specific parcel of real property located in this state if the cost to the title company, including but not limited to labor and materials, is $15 or less per reque…

836-080-0340 Assistance in Qualifying a Subdivision (1) A title company may do the following things for an intermediary that is a subdivider or developer to help qualify a subdivision for approval by a state or local government: (a) Advance the normal county recording and filing …

836-080-0345 Automatic Change in Monetary Limits All monetary limits in OAR 836-080-0305 to 836-080-0337 will automatically change, without the necessity of amending such rules, by the percentage change from year to year in the Portland Standard Statistical Metropolitan Area Cons…

836-080-0355 Title Insurer Responsible for Violations by Agent A title insurer also violates OAR 836-080-0315 when a title insurance agent of the title insurer engages in conduct that violates 836-080-0315, the title insurer knows that the conduct violates 836-080-0315, the title…

836-080-0360 Use by Title Company of an Intermediary’s Office A title company shall not have an employee work in a workspace owned, leased or rented by an intermediary unless all of the following apply with respect to the space: (1) The space is separate from and can be secured a…

836-080-0365 Filing Escrow Rates Required A title company shall file with the Director in writing each rate to be charged for escrow services and the effective date of such rate before the date the title company uses such rate. A title company shall also file a list of all escrow…

836-080-0370 Instruction of Title Company Employees About Rules Required (1) A title company shall give a copy of OAR 836-080-0305 to 836-080-0370 to each employee who markets or performs any service offered by the title company. (2) A title company shall instruct each employee d…

836-080-0425 Applicability; Definitions (1) OAR 836-080-0425 to 836-080-0440 apply to personal insurance as defined in ORS 746.600. (2) "Application" means an action by a prospective insured that, if accepted by the insurer, would establish a contract of insurance. (3) “Consumer,…

836-080-0430 Disclosure of Use of Credit History or Insurance Scores (1) Before an insurer or its insurance producer may obtain the credit history or insurance score of a consumer in response to a request by the consumer relating to insurance coverage, the insurer or insurance pr…

836-080-0435 Policies Governing Credit Histories and Insurance Scores Each insurer that uses credit histories or insurance scores in the rating or underwriting, or both, of prospective applicants, applicants or policyholders for personal insurance shall establish a written policy…

836-080-0436 Absence of or Inability to Determine Credit History; Relation to Risk to Insurer An insurer may use the category of absence of a credit history (“no hit”) or the category of inability to determine a consumer’s credit history (“no score”) under ORS 746.661(1)(c) accor…

836-080-0438 Definition of Adverse Underwriting Decision; Notice (1) For the purpose of the notice required by ORS 746.650(5), an adverse underwriting decision as defined in 746.600(1)(a)(G)(iii) occurs when an insurer accepting an application for insurance would have given the c…

836-080-0440 Unfair Insurance Trade Practice Violation of any provision of OAR 836-080-0425 to 836-080-0440 is an unfair trade practice for purposes of ORS 746.240. Statutory/Other Authority: ORS 731.244 Statutes/Other Implemented: ORS 746.240 History: ID 25-2002, f. 12-17-02, ce…

836-080-0501 Authority; Rule of Construction; Applicability (1) OAR 836-080-0501 to 836-080-0551 are adopted under the authority of ORS 731.244 and 746.620 for the purpose of implementing 746.600, 746.620, 746.630 and 746.665. (2) The examples in OAR 836-080-0501 to 836-080-0551 …

836-080-0506 Definitions and Examples The following definitions and examples of definitions apply to the following terms as they are defined or used in ORS 746.600 and used in 746.620, 746.630 and 746.665 or as they are defined or used in OAR 836-080-0501 to 836-080-0551: (1) "Cl…

836-080-0511 Application of Notice Requirements (1) A licensee is not subject to the requirements stated in ORS 746.620 if the licensee is an employee or other representative of another licensee who is the principal in the relationship and the principal otherwise complies with th…

836-080-0516 Initial Notice to Consumers (1) A licensee shall provide an initial notice as provided in ORS 746.620(1) and also subsequently when further information is collected in connection with a renewal or reinstatement of an insurance policy. (2) A licensee is not required t…

836-080-0519 Information to be Included in Initial Privacy Notice (1) This rule implements the requirement of the initial notice under ORS 746.620, describes the contents of the initial notice and provides examples of categories of information required in the notice. (2) The foll…

836-080-0523 Annual Notice (1) The personal information to which a licensee must refer in the annual notice need include only personal financial information. A licensee provides the notice annually if it defines the 12-consecutive-month period as a calendar year and provides the …

836-080-0526 Information to be Included in Annual Notice (1) This rule implements the requirement of the annual notice under ORS 746.620, describes the contents of the annual notice and provides examples of categories of information required in the annual notice. (2) The followin…

836-080-0531 Revised Privacy Notices (1) Except as otherwise authorized in OAR 836-080-0501 to 836-080-0551, a licensee shall not, directly or through an affiliate, disclose any personal financial information about a consumer to a nonaffiliated third party under ORS 746.665(1)(k)…

836-080-0536 Delivery (1) A licensee shall provide any notices required by ORS 746.620 and OAR 836-080-0501 to 836-080-0551 so that each consumer can be reasonably expected to receive actual notice in writing or, if the consumer agrees, electronically. (2) The following are examp…

836-080-0541 Opt in Notice; Form of Opt Out Notice to Consumers and Opt Out Methods for Purpose of ORS 746.665(1)(k) (1) Form of opt in notice. The form of the disclosure authorization (the opt in form) is governed by ORS 746.630, and is used with respect to disclosures of person…

836-080-0546 Limits on Sharing Account Number Information for Marketing Purposes (1) General prohibition on disclosure of account numbers. A licensee shall not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form …

836-080-0551 Authorization Request Delivery A request for authorization and an authorization form may be delivered to a consumer or a customer as part of a notice under ORS 746.620 if the request and the authorization form are clear and conspicuous. Statutory/Other Authority: ORS…

836-080-0600 Authority; Rule of Construction; Applicability (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 example…

836-080-0610 Definitions and Examples 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 di…

836-080-0615 Personal Information Notice (1) This rule governs the notice to be given by a licensee to an individual that informs the individual about a licensee’s treatment of personal information concerning the individual when the licensee and the individual are engaging in a t…

836-080-0620 Notice of Personal Financial Information Practices (1) This rule governs the notice to be given by a licensee to an individual, in fulfillment of requirements of the federal Gramm-Leach-Bliley Act (P.L. 106-102), that informs the individual about the licensee’s treat…

836-080-0625 Alternative Procedures A licensee may satisfy the notice requirements of OAR 836-080-0615 and 836-080-0620 by either of the following alternative means: (1) By providing separate notices or a single notice combining the requirements of both rules. (2) By providing a …

836-080-0630 Application of Notice Requirements A licensee is not subject to the requirements stated in OAR 836-080-0615 or 836-080-0620 if the licensee is an employee or other representative of another licensee who is the principal in the relationship and the principal otherwise…

836-080-0635 Initial Notice to Consumers (1) A licensee shall provide an initial notice as provided in OAR 836-080-0620(1) and also subsequently when further personal financial information is collected in connection with a renewal or reinstatement of a health insurance policy. (2…

836-080-0640 Information to Be Included in Initial Privacy Notice (1) This rule implements the requirement of the initial notice under OAR 836-080-0620, describes the contents of the initial notice and provides examples of categories of information required in the notice. (2) The…

836-080-0645 Annual Notice (1) The personal information to which a licensee must refer in the annual notice need include only personal financial information. A licensee provides the notice annually if it defines the 12-consecutive-month period as a calendar year and provides the …

836-080-0650 Information to Be Included in Annual Notice (1) This rule implements the requirement of the annual notice under OAR 836-080-0645, describes the contents of the annual notice and provides examples of categories of nonpublic personal financial information required in t…

836-080-0655 Revised Privacy Notices (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 AR 836-080-0675 o…

836-080-0660 Delivery (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 reasonabl…

836-080-0665 Authorization (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 unles…