Title 56, Insurance

(1) As used in this chapter, unless the context requires otherwise, “rating organization” means: (a) Every person, other than an insurer, whether located within or outside this state who has as the person’s object or purpose the making of rates, rating plans or rating systems; or…

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 ratin…

As used in this chapter, unless the context requires otherwise: (1) “Member” means: (a) An insurer that participates in or is entitled to participate in the management of a rating, advisory or other organization; or (b) For purposes of workers’ compensation insurance, an insurer …

(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. (2) It is the …

This chapter applies to all forms of insurance on risks or operations in this state, except: (1) Reinsurance, other than joint reinsurance to the extent stated in ORS 737.390; (2) Insurance against loss of, or damage to, aircraft, including accessories and equipment, or against l…

(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 stan…

(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 da…

(1) As used in this section, a market may be a line, subline or classification of commercial liability insurance. (2) Filings of commercial liability insurance rates for markets specified by the Director of the Department of Consumer and Business Services shall be submitted by an…

(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 …

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, …

(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…

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 differ…

(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 …

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 s…

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 …

(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 a…

(1) When a worker leasing company required to be licensed by ORS 656.850 provides workers to work for a client and also provides the workers’ compensation coverage for those workers, the insurance premium for the client’s exposure shall be based on the client’s own experience rat…

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, o…

The following standards shall apply to the making and use of rates: (1) Rates shall not be excessive, inadequate or unfairly discriminatory. (2) As to all classes of insurance, other than workers’ compensation and title insurance: (a) No rate shall be held to be excessive unless:…

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 agr…

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…

(1) A workers’ compensation insurer shall maintain a premium audit program to aid in achieving equitable premium charges to Oregon employers and for the collection of credible statewide data for ratemaking. (2) The Director of the Department of Consumer and Business Services shal…

(1) The Director of the Department of Consumer and Business Services shall review title insurance filings, and each workers’ compensation insurance filing, as soon as reasonably possible after they have been made in order to determine whether they meet the requirements of this ch…

Notwithstanding any other provision of this chapter: (1) The Director of the Department of Consumer and Business Services shall adopt rules providing for approval of workers’ compensation rating plans that include provisions allowing for reasonable retroactive application of expe…

(1) Under such rules and regulations as the Director of the Department of Consumer and Business Services adopts, the director, by written order, may suspend or modify the requirement of filing as to any class of insurance, or subdivision or combination thereof, or as to classes o…

(1) No insurer shall make or issue a policy except in accordance with the filings which are in effect for the insurer as provided in this chapter. (2) This section does not apply to policies for inland marine risks as to which filings are not required. [Amended by 1967 c.359 §312…

(1) If within the waiting period or the extension thereof, if any, as provided in ORS 737.320 (2), the Director of the Department of Consumer and Business Services finds that a filing does not meet the requirements of this chapter, the director shall send to the insurer or rating…

(1) Any person aggrieved with respect to any filing that is in effect, other than the insurer or rating organization that made the filing, may make written application to the Director of the Department of Consumer and Business Services for a hearing on the filing. The application…

Conduct of the hearing, issuance of orders pursuant thereto and judicial review of orders shall be as provided in ORS chapter 183. [1971 c.734 §181]

No rating organization shall conduct its operations in this state without first filing with the Director of the Department of Consumer and Business Services a written application for a license as a rating organization for such classes of insurance, or subdivision or class of risk…

(1) If the Director of the Department of Consumer and Business Services finds that the applicant represents a credible statistical base, is competent, trustworthy and otherwise qualified to act as a rating organization and that its constitution, articles of agreement or associati…

(1) Subject to rules and regulations which have been approved by the Director of the Department of Consumer and Business Services as reasonable, each rating organization shall permit any insurer, not a member, to be a subscriber to its rating services for any class of insurance, …

(1) Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter hereby is authorized, provided the filings resulting from such cooperation are subject to and consistent with those sections w…

No group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall engage in any activity which is unfair, unreasonable or otherwise inconsistent with the provisions of this chapter. [Amended by 1967 c.359 §326; 1969 c.690 §22]

(1) Every rating organization and every insurer which makes its own rates, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, shall furnish to any insured affected by a rate made by it, or to the authorized…

(1) Every advisory organization shall file with the Director of the Department of Consumer and Business Services: (a) A copy of its constitution, its articles of agreement or association or its certificate of incorporation and of its bylaws, rules and regulations governing its ac…

(1) The Director of the Department of Consumer and Business Services shall make or cause to be made an examination of each rating and advisory organization complying with and referred to in ORS 737.350 or 737.510 and of each organization referred to in ORS 737.390 as often as the…

(1) Reasonable rules and plans may be promulgated by the Director of the Department of Consumer and Business Services for the interchange of data necessary for the application of rating plans. (2) In order to further uniform administration of rate regulatory laws, the director an…

No person shall willfully withhold information from or knowingly give false or misleading information to the Director of the Department of Consumer and Business Services, to any statistical agency designated by the director, to any rating organization, or to any insurer, which wi…

The Director of the Department of Consumer and Business Services may suspend the license of any rating organization which fails to comply with an order of the director within the time limited by such order, or any extension thereof which the director may grant. The director shall…

(1) Except as provided in subsection (2) of this section, nothing contained in this chapter shall be construed as requiring any insurer to become a member of or a subscriber to any rating organization. (2) Each workers’ compensation insurer, including the State Accident Insurance…

(1) As used in this section, “fictitious grouping” means a grouping by way of membership, license, franchise, contract, agreement or any method other than common ownership, or use and control. (2) An insurer may not: (a) Make available, through any rating plan or form, property, …

(1) As used in this section: (a) “Project” means a construction project, a plant expansion or improvements within Oregon with an aggregate construction value in excess of $90 million that is to be completed within a defined period. The average construction value during the define…

In addition to other rulemaking authority of the Director of the Department of Consumer and Business Services, the director may make rules: (1) Stating the necessary attributes that a construction project of a project sponsor and the participants in the project must have in order…