296 sections in this chapter.
ORS 744.528 Nonresident adjuster qualifications; rules. (1) The Director of the Department of Consumer and Business Services may issue a license to engage in business as an adjuster in this state to a person who resides in another state or a province of Canada and is licensed as an adjuster in the state or province or in a designated home state if the state, province or designated home state in which the person is licensed gives the same privilege to a resident adjuster
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(2) An applicant for a license to engage in business as a nonresident adjuster must: (a) Apply for the license as provided in ORS 744.518; and (b) Pass an examination that the director by rule recognizes as adequately testing the applicant’s qualifications, competence and knowled…
ORS 744.530 [1957 c.247 §1; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.531 Classes of insurance for adjusters. The classes of insurance that the Director of the Department of Consumer and Business Services may authorize a licensee to transact under a license to engage in business as an adjuster are
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(1) Property and casualty insurance. Under this class, in addition to property and casualty insurance, an adjuster may also adjust losses with respect to marine and transportation and surety insurance. (2) Health insurance, whether provided by an insurer or a health care service …
ORS 744.535 [1967 c.359 §562; 1989 c.413 §15; 1989 c.701 §48; 1991 c.810 §14; repealed by 2019 c.151 §46]
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[Repealed or reserved.]
ORS 744.538 Change of circumstance of nonresident adjuster. (1) A nonresident adjuster may not engage in business as an adjuster in this state if the adjuster no longer holds a valid license as an adjuster in the state, province or designated home state in which the adjuster was licensed. If the adjuster’s license in the state, province or designated home state in which the adjuster was licensed is reinstated and has not expired, the adjuster may apply to the Director of the Department of Consumer and Business Services for reinstatement as a licensee
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(2) A nonresident adjuster who establishes residence in this state may not transact business as an adjuster in this state under a nonresident license after the 90th day after the adjuster establishes the residence. An adjuster who is a resident may thereafter engage in business a…
ORS 744.540 [1957 c.247 §2; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.541 Adjustment of claim under policy issued by unauthorized insurer. An adjuster may adjust a loss claimed under an insurance policy issued by an unauthorized insurer other than a surplus line insurer. The adjuster shall notify the Director of the Department of Consumer and Business Services thereof not later than the 20th day after adjusting the loss. [1989 c.701 §50]
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[Repealed or reserved.]
ORS 744.545 [1967 c.359 §563; 1983 c.76 §13; 1989 c.413 §16; repealed by 1989 c.701 §81]
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[Repealed or reserved.]
ORS 744.550 [1957 c.247 §3; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.555 Temporary adjuster permit; rules. (1)(a) To facilitate the settlement of claims under insurance policies when there is widespread property loss in this state arising out of a catastrophe, the Director of the Department of Consumer and Business Services may issue a temporary permit to engage in business as an adjuster in this state to any person authorized in another state to adjust losses claimed under insurance policies in the catastrophe area for or against an authorized insurer. A temporary permit the director issues under this section is effective for 90 days or for such additional time as the director determines is necessary. A person may engage in business as an adjuster under the permit in lieu of the license and fee requirements otherwise applicable
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(b) The director may also issue a temporary permit to a person that is licensed or otherwise authorized to engage in business as an adjuster in the person’s home state or designated home state and that an authorized insurer or insured sends to this state to investigate or adjust …
ORS 744.560 [1957 c.247 §4; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.565 [1957 c.247 §5; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.566 [1967 c.359 §565; repealed by 1969 c.336 §21]
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[Repealed or reserved.]
ORS 744.570 [1957 c.247 §6; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.575 Adjusting claims involving credit life or credit health insurance. No plan or arrangement shall be used with respect to credit life or credit health insurance whereby any person other than the insurer or its designated claim representative shall be authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in adjusting claims, except that a group policyholder may, by arrangement with the group insurer, draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer. [Formerly 741.455; 1989 c.701 §52]
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[Repealed or reserved.]
ORS 744.578 Licensee’s place of business. (1)(a) A licensee that is a resident shall maintain a principal place of business in this state in which the licensee engages in business as an adjuster. The principal place of business may be the licensee’s residence, but the principal place of business must be accessible to the public
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(b) If a licensee that is not a resident has a place of business in this state in which the licensee transacts insurance, the place of business is the licensee’s principal place of business in this state. (2) A licensee shall keep at the licensee’s place of business all of the us…
ORS 744.580 [1957 c.247 §7; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.581 Notices required; rules. (1)(a) A licensee shall notify the Director of the Department of Consumer and Business Services not later than 30 days after
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(A) The licensee opens or closes a place of business in this state or changes the location or contact information for the licensee’s residence or any of the licensee’s places of business in this state; (B) The licensee begins or stops using or changes an assumed business name und…
ORS 744.584 Prohibited conduct; penalties and disciplinary action; hearings. (1) A licensee or an applicant for a license to engage in business as an adjuster may not
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(a) Act in an incompetent or untrustworthy manner. (b) Falsify or act dishonestly with respect to an application for a license or an amendment to the license or with respect to an examination related to obtaining, renewing or reinstating a license. (c) Misappropriate, withhold il…
ORS 744.590 [1957 c.247 §8; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.600 [1957 c.247 §9; repealed by 1967 c.359 §704]
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INSURANCE CONSULTANTS
ORS 744.602 Definitions. As used in ORS 744.602 to 744.665
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(1) “Business entity” means a corporation, limited liability company, partnership, limited liability partnership, association or other legal entity that is incorporated, organized or authorized to engage in business in this state. (2) “Insurance consultant” means a person that me…
ORS 744.605 Insurance consultant’s license required. (1) A person may not engage in business as an insurance consultant unless the person holds a valid license the Director of the Department of Consumer and Business Services issues under ORS 744.614 that authorizes the person to engage in business as an insurance consultant. For purposes of this section, a person engages in business as an insurance consultant if
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(a) The person purports or offers to engage in any of the activities described in paragraph (b) of this subsection by using, in conjunction with the person’s name, the title or designation of insurance planner, consultant, adviser or counselor, or financial and insurance planner,…
ORS 744.609 Exemptions. The following persons are not insurance consultants for the purposes of this chapter, and the prohibition in ORS 744.605 does not apply to them
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(1) Any attorney-at-law rendering services in the performance of duties of an attorney-at-law. (2) Any certified public accountant or public accountant rendering services in the performance of the duties of a certified public accountant or public accountant, as authorized by law.…
ORS 744.610 [1957 c.247 §10; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.611 License application; business entity as applicant; fees. (1) An applicant for a license to engage in business as an insurance consultant shall submit to the Director of the Department of Consumer and Business Services, on a form, in a format and in the manner that the director specifies by rule, an application that
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(a) Lists the applicant’s name, residence and business address, previous experience transacting insurance, present occupation and occupation during the previous year and the names of the applicant’s employers for the previous five years; (b) Lists the street address of the applic…
ORS 744.614 Powers of director to issue, renew, amend, suspend and reinstate licenses; license expiration; fees. (1) The Director of the Department of Consumer and Business Services may issue a license for a person to engage in business as an insurance consultant in this state if the director finds that the person
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(a) Submitted a complete and accurate application in accordance with ORS 744.611; (b) Paid all required fees to the director and to any other provider or entity the director specifies by rule; (c) Met the qualifications set forth in ORS 744.619 or 744.621, as appropriate; (d) Met…
ORS 744.615 [1985 c.697 §4; repealed by 1989 c.701 §81]
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[Repealed or reserved.]
ORS 744.617 Conditions for licensing, renewing license for or amending license of business entity. (1) The Director of the Department of Consumer and Business Services may issue, renew or amend a business entity’s license to engage in business as an insurance consultant under ORS 744.614 only if the director finds that, for each category of insurance business or class of insurance in which the business entity engages or intends to engage, the business entity employs and acts through an individual who has obtained a license under ORS 744.614 that authorizes the individual to engage in the same category of insurance business or class of insurance
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(2) An individual licensee that a business entity employs or engages by means of a contract may engage in business as an insurance consultant only to the extent permitted under the individual licensee’s license. [2019 c.151 §14]
ORS 744.619 Qualifications for resident insurance consultant’s license; rules. (1) An individual who applies for a license to engage in business as a resident insurance consultant must
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(a) Establish a residence or place of business in which the applicant intends to transact insurance in this state before submitting an application; (b) Have at least five years’ experience in the insurance business that relates to the categories of insurance business or classes o…
ORS 744.620 [1957 c.247 §11; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.621 Qualifications for nonresident insurance consultant’s license; rules. (1) The Director of the Department of Consumer and Business Services may issue a license to engage in business as an insurance consultant to a person who resides in another state or province of Canada and is licensed in that state or province as an insurance consultant or is registered under a regulatory program of the other state or province that the director determines is similar to the regulatory program for insurance consultants under this chapter, if the state or province in which the person resides gives the same privilege to a resident insurance consultant
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(2) An applicant for a license to engage in business as a nonresident insurance consultant shall apply for the license as provided in ORS 744.611 and must: (a) Have at least five years’ experience in the insurance business that relates to the categories of insurance business or c…
ORS 744.625 [1985 c.697 §6; 1987 c.774 §142; repealed by 1989 c.701 §81]
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[Repealed or reserved.]
ORS 744.626 Classes of insurance for consultants. The classes of insurance that the Director of the Department of Consumer and Business Services may authorize a licensee to transact under a license to engage in business as an insurance consultant are
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(1) Life insurance. (2) Health insurance. (3) Property and casualty insurance. Under this class, in addition to property and casualty insurance, an insurance consultant may also engage in business as an insurance consultant with respect to marine and transportation and surety ins…
ORS 744.629 [1985 c.697 §7; repealed by 1989 c.701 §81]
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[Repealed or reserved.]
ORS 744.630 [1957 c.247 §12; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.631 Change of circumstance of nonresident insurance consultant. (1) A nonresident insurance consultant may not engage in business as an insurance consultant in this state if the insurance consultant no longer holds a valid license as an insurance consultant in the state or province in which the insurance consultant resides. If the insurance consultant’s license in the state in which the insurance consultant resides is reinstated and has not expired, the insurance consultant may apply to the Director of the Department of Consumer and Business Services for reinstatement as a licensee
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(2) A nonresident insurance consultant who establishes residence in this state may not engage in business as an insurance consultant in this state under a nonresident license after the 30th day after the insurance consultant establishes the residence. An insurance consultant who …
ORS 744.635 Errors and omissions insurance; rules. (1) An insurance consultant shall maintain with the Director of the Department of Consumer and Business Services a current certificate of errors and omissions insurance in an amount established by the director by rule from an insurer authorized to do business in this state or from any other insurer acceptable to the director according to standards established by rule
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(2) If the director determines that errors and omissions insurance required under this section is not generally available at a reasonable cost, the director by rule may suspend the requirement of insurance, but must reimpose the requirement when the insurance becomes available on…
ORS 744.638 Licensee’s place of business. (1)(a) A licensee that is a resident shall maintain a principal place of business in this state in which the licensee engages in business as an insurance consultant. The principal place of business may be the licensee’s residence, but the principal place of business must be accessible to the public
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(b) If a licensee that is not a resident has a place of business in this state in which the licensee transacts insurance, the place of business is the licensee’s principal place of business in this state. (2) A licensee shall keep at the licensee’s place of business all of the us…
ORS 744.639 [1985 c.697 §9; repealed by 1989 c.701 §81]
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[Repealed or reserved.]
ORS 744.640 [1957 c.247 §13; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.641 Notices required; rules. (1)(a) A licensee shall notify the Director of the Department of Consumer and Business Services not later than 30 days after
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(A) The licensee opens or closes a place of business in this state or changes the location or contact information for the licensee’s residence or any of the licensee’s places of business in this state; (B) The licensee begins or stops using or changes an assumed business name und…
ORS 744.644 Prohibited conduct; penalties and disciplinary action; hearings. (1) A licensee or an applicant for a license to engage in business as an insurance consultant may not
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(a) Act in an incompetent or untrustworthy manner. (b) Falsify or act dishonestly with respect to an application for a license or an amendment to the license or with respect to an examination related to obtaining, renewing or reinstating a license. (c) Misappropriate, withhold il…
ORS 744.645 [1985 c.697 §10; repealed by 1989 c.701 §81]
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[Repealed or reserved.]
ORS 744.650 Disclosure by insurance consultants; rules. (1) An insurance consultant shall furnish to each client and prospective client a written disclosure statement containing the following information
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(a) A description of the nature of the work to be performed by the insurance consultant. (b) The applicable occupational and educational background of the insurance consultant. (c) The area or areas of insurance in which the insurance consultant has particular expertise. (d) The …
ORS 744.655 Rebates prohibited. An insurance consultant may not give or receive or offer to give or receive a rebate of all or a part of any fee or other expenses charged for services or any earnings, profit, dividends or other benefit accruing to the insurance consultant from the services provided by the insurance consultant. [1985 c.697 §12; 1991 c.810 §23]
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[Repealed or reserved.]
ORS 744.660 [1985 c.697 §13; repealed by 1989 c.701 §81]
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[Repealed or reserved.]
ORS 744.665 Continuing education; rules. The Director of the Department of Consumer and Business Services by rule may establish requirements for continuing education that each insurance consultant must satisfy as a condition for continuation of the license. [1985 c.697 §14]
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THIRD PARTY ADMINISTRATORS
ORS 744.700 Definitions for ORS 744.700 to 744.740. As used in ORS 744.700 to 744.740
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(1) “Affiliate” of, or person “affiliated” with, a specific person means any person who directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a specified person. (2) “Control” has the meaning given that term in O…
ORS 744.702 Third party administrator license; description of transacting business as third party administrator. (1) Subject to ORS 744.704, a person shall not transact business or purport or offer to transact business as a third party administrator in this state unless the person holds a third party administrator license issued by the Director of the Department of Consumer and Business Services
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(2) For purposes of ORS 744.700 to 744.740, a person transacts or purports or offers to transact business as a third party administrator if the person: (a) Directly or indirectly solicits or effects coverage of, underwrites, collects charges or premiums from, or adjusts or settle…