296 sections in this chapter.
ORS 744.069 [1989 c.701 §26; repealed by 2001 c.191 §61]
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[Repealed or reserved.]
ORS 744.070 [Amended by 1967 c.359 §480; renumbered 743.603]
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[Repealed or reserved.]
ORS 744.071 [Formerly 744.055; repealed by 2001 c.191 §61]
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[Repealed or reserved.]
ORS 744.072 Renewal or reinstatement of insurance producer license; continuing education; rules. (1) An insurance producer license remains in effect unless revoked or suspended as long as all applicable fees are paid by the due date and, if the licensee is a resident individual insurance producer, as long as the licensee has met applicable continuing education requirements for resident individual insurance producers under subsection (4) of this section by the due date. The renewal fee is due on the last day of the month in which the second anniversary of the initial issuance date of the license occurs and on the second anniversary following each renewal. The Director of the Department of Consumer and Business Services may establish another renewal period for the purpose of coordination with any national registration or licensing system
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(2) As a condition for or in connection with the renewal of an insurance producer license the director may require the insurance producer to file information with the director regarding use made of the license during the previous year or two years, and especially showing whether …
ORS 744.073 Temporary insurance producer license. (1) The Director of the Department of Consumer and Business Services may issue a temporary insurance producer license for a period not to exceed 180 days without requiring a written examination if the director determines that the temporary license is necessary for the servicing of an insurance business in the following cases
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(a) To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned by the insurance producer, for the recovery or return of…
ORS 744.074 Authority of director to place licensee on probation or to suspend, revoke or refuse to issue or renew license. (1) The Director of the Department of Consumer and Business Services may place a licensee on probation or suspend, revoke or refuse to issue or renew an insurance producer license and may take other actions authorized by the Insurance Code in lieu thereof or in addition thereto, for any one or more of the following causes
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(a) Providing incorrect, misleading, incomplete or materially untrue information in the license application. (b) Violating any insurance laws, or violating any rule, subpoena or order of the director or of the insurance commissioner of another state or Mexico or Canada. (c) Obtai…
ORS 744.075 [1967 c.359 §532; 1983 c.76 §4; 1989 c.701 §28; 1991 c.810 §7; repealed by 2001 c.191 §61]
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[Repealed or reserved.]
ORS 744.076 Payment of commission, service fee or brokerage. (1) An insurer or insurance producer may not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed as an insurance producer and is not so licensed
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(2) A person shall not accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting or negotiating insurance in this state if that person is required to be licensed as an insurance producer and is not so licensed. (3) Renewal or other deferr…
ORS 744.077 Conditions under which person licensed as insurance producer and consultant may accept commission or fee; rules. (1) The Director of the Department of Consumer and Business Services shall establish by rule the conditions under which a person who is licensed as an insurance producer and as an insurance consultant may accept a commission or a fee, or both, in a transaction or in related transactions. The director may establish different conditions for such products as employee benefit plans, insurance for personal, family or household purposes and insurance for commercial purposes, and for any other insurance product as determined appropriate by the director. In developing rules under this subsection, the director shall take into account the requirements and characteristics of the different insurance products and the varying degrees of trade practice regulation needed
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(2) Except as otherwise provided by rule, an insurance producer who is not licensed as an insurance consultant may receive only commission. [Formerly 744.039; 2003 c.364 §17]
ORS 744.078 Appointment of insurance producers; rules. (1) An insurance producer shall not act as an agent of an insurer unless
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(a) The insurance producer is an appointed agent of that insurer; or (b) The insurance producer transacts insurance on behalf of another insurance producer who is an appointed agent of that insurer according to conditions and limitations established by the Director of the Departm…
ORS 744.079 Termination of relationship with insurance producer. (1) An insurer or authorized representative of the insurer who terminates the appointment, employment, contract or other insurance business relationship with an insurance producer shall notify the Director of the Department of Consumer and Business Services not later than the 30th day after the effective date of the termination, in the manner prescribed by the director, if the reason for termination is one of the reasons set forth in ORS 744.074 or if the insurer has knowledge that the insurance producer was found by a court, government body or self-regulatory organization authorized by law to have engaged in any of the activities set forth in ORS 744.074. Upon the written request of the director, the insurer shall provide additional information, documents, records or other data pertaining to the termination or activity of the insurance producer
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(2) An insurer or the authorized representative of the insurer shall promptly notify the director in a manner acceptable to the director if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the director in accor…
ORS 744.080 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.081 Termination of appointment. (1) An insurer may terminate an agency appointment at any time as provided in this section. Termination shall be without prejudice to the contract rights, if any, of the insurance producer so terminated. The insurer shall give written notice of the termination and the date thereof to the insurance producer at least 90 days prior to the effective date of the termination. The notice must specify the reasons for the termination. The insurer shall deliver the notice either in person or by mail at the address last provided by the insurance producer to the insurer. The insurance producer shall not have a cause of action against the insurer as a result of any statement in the notice unless the statement is false and the insurer knew the statement was false when made
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(2) An insurer may terminate an agency appointment without giving the notice required by subsection (1) of this section on any of the grounds specified in this subsection. The following are grounds for termination under this subsection: (a) The insurance producer’s insurance lice…
ORS 744.082 Waiver of requirement for nonresident insurance producer license applicant. The Director of the Department of Consumer and Business Services shall waive any requirement for a nonresident insurance producer license applicant with a valid resident insurance producer license from the applicant’s home state, except the requirements imposed by ORS 744.063, if the applicant’s home state grants nonresident insurance producer licenses to residents of this state on the same basis. [2001 c.191 §18; 2003 c.364 §21]
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[Repealed or reserved.]
ORS 744.083 Trust account for premium funds; commingling; exceptions; rules. (1) All premium funds received by a resident insurance producer shall be accounted for and maintained in a trust account separate from all other business and personal funds
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(2) Except as provided in subsection (3) of this section, a resident insurance producer may not commingle or otherwise combine premiums with any other moneys. (3) A resident insurance producer may commingle with premium funds in the trust account required by subsection (1) of thi…
ORS 744.084 Certificate of deposit in lieu of trust account; rules. (1) In lieu of the trust account required by ORS 744.083, a resident insurance producer may keep a certificate of deposit from an institution insured by the federal government or an instrumentality thereof if the resident insurance producer has an average monthly balance of premium funds received and held for the last 12 months of at least $2 million. A resident insurance producer who keeps a certificate of deposit shall have satisfactory evidence of the certificate available at all times for inspection by the Director of the Department of Consumer and Business Services
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(2) A certificate of deposit authorized under subsection (1) of this section shall be for an amount at least equal to the average monthly balance of premium funds received and held by the resident insurance producer for the last 12 months. Nothing in this subsection requires that…
ORS 744.085 [1967 c.359 §533; 1971 c.231 §28; 1977 c.174 §1; 1977 c.820 §1; 1979 c.501 §4; 1981 c.817 §1; 1983 c.76 §5; 1989 c.701 §29; 1991 c.810 §8; 1993 c.447 §85; 1995 c.334 §1; repealed by 2001 c.191 §61]
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[Repealed or reserved.]
ORS 744.086 Applicability of Insurance Code to insurance producers transacting title insurance. The Legislative Assembly finds that it is in the interest of the insurance-buying public that insurance producers authorized to transact title insurance be subject to the Insurance Code. It is declared to be the intent of the Legislative Assembly that the Insurance Code shall apply to such insurance producer only to the extent necessary for the regulation of title insurance ratemaking and unfair trade practices. [Formerly 744.240; 2003 c.364 §24]
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[Repealed or reserved.]
ORS 744.087 Filing insurance producers compensation agreements; filing not public record. The Director of the Department of Consumer and Business Services may require the filing by an insurer of any compensation agreements for insurance producers who are appointed by the insurer as agents of the insurer under ORS 744.078. No such filing shall be deemed a “public record” as defined in ORS 192.311. [Formerly 744.245; 2003 c.364 §25]
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[Repealed or reserved.]
ORS 744.088 Training requirements to be licensed as insurance producer for long term care insurance. (1) An individual may not sell, solicit or negotiate long term care insurance unless the individual is licensed as an insurance producer for health or life insurance and satisfies the following training requirements
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(a) The individual must complete a one-time training course of not less than eight hours before selling, soliciting or negotiating long term care insurance; and (b) The individual must complete ongoing training of not less than four hours in each 24-month period following the one…
ORS 744.089 Report of administrative action taken against insurance producer. (1) An insurance producer shall report to the Director of the Department of Consumer and Business Services any administrative action taken against the insurance producer in another jurisdiction or by another governmental agency in this state not later than the 30th day after the date of the final disposition of the matter. This report shall include a copy of the order, consent to order and other relevant legal documents
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(2) Not later than the 30th day after the initial pretrial hearing date, an insurance producer shall report to the director any criminal prosecution of the insurance producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resu…
ORS 744.090 [Amended by 1967 c.359 §370; renumbered 743.111]
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[Repealed or reserved.]
ORS 744.091 Additional conditions under which person licensed as insurer or insurance producer may charge commission or service fee; rules. (1) An insurer or insurance producer may charge a commission, a service fee or a combination of the two when transacting insurance in other than the following categories of insurance
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(a) Insurance that covers an individual’s person, property or liability; (b) Life or health insurance for groups of fewer than 51 lives; or (c) Insurance on a commercial or public entity paying combined annual premiums of less than $100,000 for the insurance. (2) An insurer or in…
ORS 744.093 Solicitation or sale of insurance policy by retail insurance producer or wholesale insurance producer; rules. (1) As used in this section
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(a) “Retail insurance producer” means an insurance producer who directly solicits or sells an insurance policy to a prospective insured or directly negotiates an insurance policy with a prospective insured. (b) “Wholesale insurance producer” means an insurance producer who solici…
ORS 744.095 [1967 c.359 §534; repealed by 1989 c.701 §81]
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[Repealed or reserved.]
ORS 744.100 [Repealed by 1967 c.359 §704]
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TRAVEL INSURANCE AND TRAVEL PROTECTION PLANS
ORS 744.101 Definitions. As used in ORS 744.101 to 744.121
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(1) “Aggregator site” means a website that displays information about insurance products from more than one insurer, and information about each insurer, for use in comparison shopping. (2) “Blanket travel insurance” means a travel insurance policy that an insurer issues to an eli…
ORS 744.104 Travel insurance through travel retailers; direction by limited lines travel insurance producers; requirements and restrictions; designated employees. (1)(a) The Director of the Department of Consumer and Business Services may issue a limited lines travel insurance producer license to a person that has filed an application for a limited lines travel insurance producer license with the director in a form and manner that the director prescribes. A limited lines travel insurance producer must be licensed to solicit, offer, negotiate or sell travel insurance through a licensed insurer
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(b) A person may not act as a limited lines travel producer unless licensed as a limited lines travel producer or as a travel retailer unless registered as a travel retailer. A person licensed as an insurance producer in the classes of casualty insurance or property insurance may…
ORS 744.105 [1967 c.359 §535; 1971 c.231 §29; repealed by 1989 c.701 §81]
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[Repealed or reserved.]
ORS 744.106 Requirements for offering or selling travel protection plan. A person may offer or sell a travel protection plan that combines various features at one price if
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(1) Before, or at the time, a customer purchases the travel protection plan, the person: (a) Discloses clearly in writing which of the following features the travel protection plan includes: (A) Travel insurance; (B) Travel assistance services; or (C) A cancellation fee waiver; a…
ORS 744.107 [2015 c.675 §4; 2025 c.71 §8; renumbered 744.121 in 2025]
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[Repealed or reserved.]
ORS 744.109 Applicability of certain laws to offerings of travel insurance in this state; other requirements for travel insurance policies and travel protection plans; unlawful practices. (1) Except as otherwise provided in this section, a person that offers travel insurance in this state is subject to ORS chapter 746. ORS 744.101 to 744.121 control if a conflict exists between other provisions of the Insurance Code and ORS 744.101 to 744.121 with respect to marketing or selling travel insurance or a travel protection plan
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(2) Marketing, advertising and sales materials that a prospective purchaser receives before the time of purchase must be consistent with the provisions of the policy, including forms, endorsements, rate filings and certificates of insurance. (3) If a travel insurance policy exclu…
ORS 744.110 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.111 [2015 c.675 §5; 2025 c.71 §9; renumbered 744.124 in 2025]
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[Repealed or reserved.]
ORS 744.112 Travel insurance administrators. (1) A person may not act as a travel insurance administrator, or represent that the person is a travel insurance administrator, unless the person holds a valid license the Director of the Department of Consumer and Business Services issued under ORS 744.062 or 744.710, as appropriate, for an insurance producer in the classes of property and casualty insurance or under an indorsement that authorizes the person to act as a managing general agent
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(2) A travel insurance administrator and employees of the travel insurance administrator are not subject to the requirement under ORS 744.505 to obtain a license to engage in business as an adjuster with respect to travel insurance policies that the travel insurance administrator…
ORS 744.115 [1967 c.359 §536; 1971 c.231 §30; 1973 c.515 §3; 1977 c.174 §2; 1979 c.501 §5; 1981 c.817 §2; 1987 c.774 §138; 1987 c.916 §9; 1989 c.331 §25; 1989 c.701 §30; 1991 c.810 §9; 1993 c.265 §7; 1995 c.334 §2; repealed by 2001 c.191 §61]
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[Repealed or reserved.]
ORS 744.117 Classification of travel insurance. (1) Notwithstanding any other provisions of the Insurance Code, travel insurance must be classified and filed for the purpose of rates and forms under an inland marine line of insurance, except that travel insurance that provides coverage for sickness, accident, disability or death occurring during travel, either exclusively or in conjunction with related coverages for emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as baggage loss or trip cancellation, may be filed under either an accident and health line of insurance or an inland marine line of insurance
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(2) An insurer may issue travel insurance as blanket travel insurance, group travel insurance or as a policy that covers an individual. (3) An insurer may develop and use eligibility and underwriting standards for travel insurance based on travel protection plans that are designe…
ORS 744.119 [Formerly 744.205; 1991 c.810 §10; 1993 c.447 §86; 1997 c.131 §4; repealed by 2001 c.191 §61]
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[Repealed or reserved.]
ORS 744.120 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.121 Violations; revocation of authority; removal from register. If the Director of the Department of Consumer and Business Services determines that a travel retailer has violated any provision of ORS 744.101 to 744.121, the director may, in addition to imposing any penalties authorized under the Insurance Code, direct the limited lines travel insurance producer to implement a corrective action plan with the travel retailer or
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(1) Revoke any authorization the travel retailer has from the limited lines travel insurance producer to transact insurance on behalf of, and under the license of, the limited lines travel insurance producer; and (2) Remove the travel retailer from the register described in ORS 7…
ORS 744.123 [Formerly 744.195; repealed by 2001 c.191 §61]
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[Repealed or reserved.]
ORS 744.124 Rules. The Director of the Department of Consumer and Business Services may adopt rules to implement and administer the provisions of ORS 744.101 to 744.121. [Formerly 744.111]
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Note: 744.124 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 744 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 744.125 [1959 c.367 §1; 1967 c.359 §501; renumbered 743.666]
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[Repealed or reserved.]
ORS 744.127 [1989 c.701 §33; 1991 c.810 §11; repealed by 2001 c.191 §61]
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[Repealed or reserved.]
ORS 744.130 [Amended by 1955 c.226 §1; 1967 c.359 §502; renumbered 743.669]
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[Repealed or reserved.]
ORS 744.135 [1967 c.359 §537; 1973 c.89 §2; repealed by 1989 c.701 §81]
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[Repealed or reserved.]
ORS 744.140 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.145 [1967 c.359 §538; 1989 c.701 §35; repealed by 2001 c.191 §61]
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[Repealed or reserved.]
ORS 744.150 [Repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 744.155 [1967 c.359 §539; 1971 c.231 §31; 1975 c.769 §5; 1989 c.413 §11; 1989 c.701 §§34,81c; 1993 c.265 §8; repealed by 2001 c.191 §61]
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[Repealed or reserved.]