Chapter 737 — Chapter 737

ORS 737.005 [Amended by 1963 c.580 §92; repealed by 1967 c.359 §704]

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ORS 737.007 “Rating organization” defined. (1) As used in this chapter, unless the context requires otherwise, “rating organization” means

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ORS 737.010 [Amended by 1967 c.359 §303; renumbered 737.280]

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ORS 737.012 “Advisory organization” defined. As used in this chapter, unless the context requires otherwise, “advisory organization” means every group, association or other organization of insurers, whether located within or outside this state, which assists authorized insurers which make their own filings or licensed rating organizations in rate making, by the collection and furnishing of loss or expense statistics or by the submission of recommendations, but which does not make filings under this chapter. [1969 c.690 §15]

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ORS 737.015 [Repealed by 1967 c.359 §704]

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ORS 737.017 “Member,” “subscriber” defined. As used in this chapter, unless the context requires otherwise

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ORS 737.020 [1967 c.359 §299; repealed by 1969 c.690 §29]

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ORS 737.025 Purpose, intent of chapter. (1) The purpose of this chapter is to promote the public welfare by regulating insurance rates to the end that they shall not be excessive, inadequate or unfairly discriminatory and to authorize cooperation between insurers in rate making and other related matters

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ORS 737.030 [1967 c.359 §300; repealed by 1969 c.690 §29]

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ORS 737.035 Application of chapter. This chapter applies to all forms of insurance on risks or operations in this state, except

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ORS 737.040 [1967 c.359 §301; repealed by 1969 c.690 §29]

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ORS 737.045 Remedies of director for violations of chapter. (1) If the Director of the Department of Consumer and Business Services has reason to believe that a rate, rating plan or rating system filed or used by an insurer or filed by a rating or advisory organization on behalf of an insurer does not comply with the requirements and standards of this chapter, the director may issue an order directing the insurer or the rating or advisory organization to discontinue or desist from the noncompliance. An order issued under this subsection is subject to the provisions of ORS 731.252

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ORS 737.050 [1967 c.359 §302; repealed by 1969 c.690 §29]

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ORS 737.105 [Amended by 1961 c.562 §7; 1965 c.611 §17; repealed by 1967 c.359 §704]

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ORS 737.110 [Repealed by 1967 c.359 §704]

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ORS 737.115 [Repealed by 1967 c.359 §704]

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ORS 737.120 [Repealed by 1967 c.359 §704]

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ORS 737.125 [Repealed by 1967 c.359 §704]

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ORS 737.130 [Repealed by 1967 c.359 §704]

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ORS 737.135 [Repealed by 1969 c.336 §21 and 1969 c.690 §29]

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ORS 737.140 [Repealed by 1967 c.359 §704]

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ORS 737.145 [Repealed by 1967 c.359 §704]

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ORS 737.150 [Repealed by 1967 c.359 §704]

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ORS 737.155 [Repealed by 1967 c.359 §704]

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ORS 737.160 [Repealed by 1967 c.359 §704]

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ORS 737.165 [Repealed by 1967 c.359 §704]

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ORS 737.170 [Repealed by 1967 c.359 §704]

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ORS 737.175 [Repealed by 1967 c.359 §704]

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ORS 737.180 [Amended by 1967 c.359 §308; renumbered 737.312]

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ORS 737.185 [Repealed by 1967 c.359 §704]

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ORS 737.205 Filing rates, plans with director; public inspection of filings; effect on workers’ compensation filings. (1) Every insurer shall file with the Director of the Department of Consumer and Business Services copies of the rates, rating plans and rating systems used by it. Except as provided in ORS 737.207, 737.209 and 737.320 (2), each filing shall become effective immediately on the date specified therein but not earlier than the date such filing is received by the director. This subsection does not apply to inland marine risks which by general custom of the business are not written according to manual rates or rating plans

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ORS 737.207 Commercial liability insurance rate filings; prior approval by director. (1) As used in this section, a market may be a line, subline or classification of commercial liability insurance

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ORS 737.209 Hearing on rate filings under ORS 737.207; order; review. (1) The Director of the Department of Consumer and Business Services may hold a hearing on a filing made pursuant to ORS 737.207 if the director determines that such a hearing would aid the director in determining whether to approve or disapprove the filing. A hearing under this section may be held at a place designated by the director and upon not less than 10 days’ written notice to the insurer or rating organization that made the filing and to any other person the director decides should be notified. A filing that is the subject of a hearing under this section becomes effective, if approved, as provided in subsection (4) of this section

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ORS 737.215 Effect of noncompliance with rating regulation. If the Director of the Department of Consumer and Business Services has reason to believe that noncompliance by an insurer with the requirements and standards of this chapter to be willful, or if within the period prescribed by the director in the notice required by ORS 737.336, the insurer, rating or advisory organization does not make such changes as may be necessary to correct the noncompliance specified by the director or establish to the satisfaction of the director that such specified noncompliance does not exist, then the director may hold a hearing in connection therewith, provided that within a reasonable period of time which shall be not less than 10 days before the date of such hearing, the director shall mail written notice to the insurer, rating or advisory organization involved specifying the matters to be considered at such hearing. [1969 c.690 §8]

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ORS 737.225 Records requirements; inspection; statistics; workers’ compensation statistical agency; rules. (1) Each insurer, rating organization or advisory organization shall maintain reasonable records, of the type and kind reasonably adapted to its method of operation, of its experience or the experience of its members and of the data, statistics or information collected or used by it in connection with the rates, rating plans, rating systems, underwriting rules, policy or bond forms, surveys or inspections made or used by it. An insurer providing workers’ compensation insurance shall maintain reasonable records showing investment income earned by the insurer, insurer profit on workers’ compensation insurance, accumulated reserves for vocational rehabilitation services and accumulated reserves for claim costs related to orders or awards made pursuant to ORS 656.278

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ORS 737.230 Data must include certain information. The data collected and maintained by each insurer, rating organization or advisory organization pursuant to ORS 737.225 shall be in sufficient detail to demonstrate the statistical significance of differences or correlations relevant to the rating plan definitions and rate differentials. [1979 c.870 §6]

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ORS 737.235 Examining rating systems of insurers; costs. (1) The Director of the Department of Consumer and Business Services may make or cause to be made an examination of every insurer transacting any class of insurance to which the provisions of this chapter are applicable to ascertain whether such insurer and every rate and rating system used by it for every such class of insurance complies with the requirements and standards of this chapter

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ORS 737.245 Collusive ratings prohibited; liability for damages. In the event any insurer shall in collusion with any other insurer conspire to fix, set or adhere to insurance rates except as expressly sanctioned by the Insurance Code, such insurer shall be liable to any person damaged thereby for an amount equal to three times the amount of such damage together with the damaged party’s attorney fees. [1969 c.690 §13]

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ORS 737.255 Authority for cooperative ratings and systems. Subject to and in compliance with the provisions of this chapter authorizing insurers to be members or subscribers of rating or advisory organizations or to engage in joint underwriting or joint reinsurance, two or more insurers may act in concert with each other and with others with respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss or expense statistics or other information and data or carrying on of research. [1969 c.690 §17]

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ORS 737.265 Unauthorized adherence to rates, rating systems; workers’ compensation insurance policy forms. (1) Members and subscribers of rating or advisory organizations may use the rates, rating systems, underwriting rules or policy or bond forms of such organizations, either consistently or intermittently, but, except as provided in ORS 737.275, 737.312, 737.365, 737.390, 737.526 and subsection (2) of this section, shall not agree with each other or rating organizations or others to adhere thereto. The fact that two or more authorized insurers, whether or not members or subscribers of a rating or advisory organization, use, either consistently or intermittently, the rates or rating systems made or adopted by a rating organization, or the underwriting rules or policy or bond forms prepared by a rating or advisory organization, shall not be sufficient in itself to support a finding that an agreement to so adhere exists, and may be used only for the purpose of supplementing or explaining any competent evidence of the existence of any such agreement

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ORS 737.270 (1) When a professional employer organization required to be licensed by ORS 656.850 enters into a PEO relationship with a client and also provides the workers’ compensation coverage for the client, the insurance premium for the client’s exposure shall be based on the client’s own experience rating, in the same manner as required for employers insuring directly employed workers

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ORS 737.275 Preparation of rates, rating systems and other administrative matters by insurers under common ownership. With respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss or expense statistics or other information and data, or carrying on of research, two or more admitted insurers having a common ownership or operating in this state under common management or control are hereby authorized to act in concert between or among themselves the same as if they constituted a single insurer, and to the extent that such matters relate to co-surety bonds, two or more admitted insurers executing such bonds are hereby authorized to act in concert between or among themselves the same as if they constituted a single insurer. [1969 c.690 §21]

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ORS 737.280 [Formerly 737.010; repealed by 1969 c.690 §29]

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ORS 737.290 [1967 c.359 §305; repealed by 1969 c.690 §29]

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ORS 737.300 [1967 c.359 §306; repealed by 1969 c.690 §29]

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ORS 737.305 [Repealed by 1967 c.359 §704]

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ORS 737.310 Method of rate making; factors considered; effect of wildfire risk mitigation actions; rules. The following standards shall apply to the making and use of rates

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ORS 737.312 Agreements among insurers for assignment of risks; rate modifications. Agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to such insurance but who are unable to procure such insurance through ordinary methods. Such insurers may agree among themselves on the use of reasonable rate modifications for such insurance, such agreements and rate modifications to be subject to the approval of the Director of the Department of Consumer and Business Services. [Formerly 737.180]

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ORS 737.315 [Amended by 1967 c.359 §309; 1967 c.366 §1; repealed by 1969 c.690 §29]

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ORS 737.316 Combining employers for workers’ compensation insurance; conditions. Notwithstanding ORS 737.600, but subject to all other rate filing requirements of this chapter, an insurer may combine for rating purposes the experience of a group of employers covered for workers’ compensation insurance by the insurer, subject to applicable rules adopted by the Director of the Department of Consumer and Business Services, if

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