Chapter 746 — Chapter 746

ORS 746.005 Trade practices exempted from prohibitions. Nothing in this chapter shall apply to wet marine and transportation insurance or prohibit any of the following practices

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ORS 746.010 [Amended by 1961 c.256 §1; 1967 c.359 §507; renumbered 743.702]

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ORS 746.015 Discrimination; noncompliance; hearing. (1) No person shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life, or between risks of essentially the same degree of hazard, in the availability of insurance, in the application of rates for insurance, in the dividends or other benefits payable under insurance policies, or in any other terms or conditions of insurance policies

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ORS 746.018 Discrimination in issuance of burglary, theft, robbery or casualty policies prohibited. (1) In cities of 300,000 or more, and except as provided in subsection (3) of this section, no insurer shall make or permit any unfair discrimination between risks of essentially the same degree of hazard in the issuance of burglary and theft or robbery insurance policies or casualty insurance policies which insure against liability to persons arising out of the use or control of real or personal property other than motor vehicles

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ORS 746.020 [Amended by 1965 c.610 §13; repealed by 1967 c.359 §704]

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ORS 746.021 Discrimination under health benefit plans. Except as otherwise provided for in the Insurance Code, an individual may not, on the basis of actual or perceived race, color, national origin, sex, sexual orientation, gender identity, age or disability, be excluded from participation in, be denied the benefits of or otherwise be subjected to discrimination under any health benefit plan issued or delivered in this state. [2019 c.285 §2]

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ORS 746.023 Discrimination against living donors or body part donors with respect to life insurance, health insurance or long term care insurance. An insurer offering a policy or certificate of life insurance, health insurance or long term care insurance, as defined in ORS 743.652, may not, based solely on the status of an applicant for insurance or an insured as a living donor or a potential donor of a body part, organ or tissue

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ORS 746.025 Securities or other contracts as inducement to insurance. No person shall sell, agree or offer to sell, or give or offer to give, directly or indirectly in any manner whatsoever, shares of stock, securities, bonds, special or advisory board contracts or agreements of any form or nature promising returns and profits as an inducement to insurance. No insurer engaging in or permitting its representatives to engage in such practices in this or any other state may be authorized to do business in this state. [Formerly 739.535]

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ORS 746.030 [Amended by 1961 c.256 §2; 1967 c.359 §508; renumbered 743.705]

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ORS 746.035 Inducements not specified in policy. Except as otherwise expressly provided by the Insurance Code, no person shall permit, offer to make or make any contract of insurance, or agreement as to such contract, unless all agreements or understandings by way of inducement are plainly expressed in the policy issued thereon. [1967 c.359 §570]

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ORS 746.040 [Amended by 1961 c.256 §3; repealed by 1967 c.359 §704]

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ORS 746.045 Prohibition on rebates; exceptions; rules. (1) A person may not personally or otherwise offer, promise, allow, give, set off, pay or receive, directly or indirectly, any rebate of or rebate of part of the premium payable on an insurance policy or the insurance producer’s commission on an insurance policy, or earnings, profit, dividends or other benefit founded, arising, accruing or to accrue on or from the policy, or any other valuable consideration or inducement to or for insurance on any domestic risk, which is not specified in the policy

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ORS 746.050 [Amended by 1961 c.256 §4; repealed by 1967 c.359 §704]

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ORS 746.055 Title insurance commissions, rebates and discounts. With respect to title insurance, no commissions, rebates or discounts shall be paid, allowed or permitted to any person having an interest in or lien upon real property which is the subject of the title insurance involved, or to any person acting for or on behalf of a person with such an interest or lien. [Formerly 748.086]

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ORS 746.060 [Repealed by 1961 c.256 §5]

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ORS 746.065 Personal or controlled insurance. (1) As used in this section, “personal or controlled insurance” means insurance covering an insurance producer or

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ORS 746.070 [Repealed by 1961 c.256 §5]

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ORS 746.075 Misrepresentation generally. (1) A person may not engage, directly or indirectly, in any action described in subsection (2) of this section in connection with

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ORS 746.080 [Amended by 1967 c.359 §509; renumbered 743.708]

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ORS 746.085 Regulating replacement of life insurance; compensation of insurance producers; rules. In addition to all other powers of the Director of the Department of Consumer and Business Services with respect thereto, the director may issue rules

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ORS 746.090 [Repealed by 1967 c.359 §704]

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ORS 746.100 Misrepresentation in insurance applications or transactions. No person shall make a false or fraudulent statement or representation on or relative to an application for insurance, or for the purpose of obtaining a fee, commission, money or benefit from an insurer or insurance producer. [Formerly 736.460; 2003 c.364 §138]

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ORS 746.110 False, deceptive or misleading statements. No person shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of the insurance business, which is untrue, deceptive or misleading. [Formerly 736.608]

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ORS 746.115 Advertisements in languages other than English. (1) An insurer or licensee who advertises in a language other than English is not required to provide an insurance policy in any language other than English so long as the advertisement states clearly that the policy that is purchased is available only in English

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ORS 746.120 Illegal dealing in premiums. No person shall willfully collect any sum as premium or charge for insurance which is not then provided, or is not in due course to be provided subject to acceptance of the risk by the insurer, under an insurance policy issued by an insurer in conformity to the Insurance Code. [1967 c.359 §579]

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ORS 746.125 Limitation on coverage of eye care services. (1) As used in this section

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ORS 746.130 Insurance connected to sale or rental of property; prohibition; exceptions; charges. (1) No insurer shall participate in any plan to offer or effect in this state, as an inducement to the purchase or rental by the public of any property or services, any insurance for which there is no separate charge to the insured. No person shall arrange the sale of any such insurance

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ORS 746.135 Genetic tests and information; rules. (1) If a person asks an applicant for insurance to take a genetic test in connection with an application for insurance, the use of the test shall be revealed to the applicant and the person shall obtain the specific authorization of the applicant using a form adopted by the Director of the Department of Consumer and Business Services by rule

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ORS 746.137 Reimbursement of private emergency responder’s actual expenses in emergency response. (1) As used in this section

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ORS 746.140 Sale of life insurance with securities; written proposal; application of securities law. (1) Every insurer or insurance producer soliciting an offer to buy or selling life insurance in correlation with the sale of securities shall furnish the prospect with a clear and unambiguous written proposal prior to the signing of the application by the applicant

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ORS 746.145 Workers’ compensation insurance; combination of group of employers; purpose; conditions. (1) Notwithstanding ORS 737.600, but subject to all other rate filing requirements of ORS chapter 737, an insurer may combine for dividend 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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ORS 746.147 Workers’ compensation insurance; quoting premiums. An insurer or insurance producer offering workers’ compensation insurance in Oregon shall not quote projected net insurance premiums based upon figures that are discretionary or terms that are not guaranteed in the workers’ compensation insurance policy. [1999 c.868 §3; 2003 c.364 §140]

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ORS 746.150 Other insurance; combination of experience of group of persons or risks; purpose; rules; conditions. (1) For property, inland marine, casualty or surety insurance, an insurer may combine for dividend purposes the experience of a group of persons or risks any of which are within this state, except for workers’ compensation insurance done in compliance with ORS 746.145 and subject to rules adopted by the Director of the Department of Consumer and Business Services

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ORS 746.155 Applicability of ORS 746.145 and 746.150. ORS 746.145 and 746.150 do not apply to groupings or combinations of persons or risks by way of common ownership or common use and control as permitted under ORS 737.600. [1977 c.405 §2]

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ORS 746.160 Practices injurious to free competition. Except as otherwise expressly provided by law, no person, either within or outside of this state, directly or indirectly, shall enter into any contract, understanding or combination with any insurer or manager, agent or representative thereof for the purpose of, nor shall any such persons or insurers, jointly or severally do any act or engage in any practice for the purpose of

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ORS 746.170 [Formerly 736.705; repealed by 1977 c.742 §9]

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ORS 746.180 [Formerly 736.715; repealed by 2003 c.363 §16]

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ORS 746.182 [1987 c.846 §18; 1989 c.701 §74; 1995 c.334 §5; 1997 c.831 §§6,6a; 2001 c.191 §57; 2001 c.377 §52; repealed by 2003 c.363 §16]

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ORS 746.185 [1977 c.742 §2; 1985 c.762 §189; 1997 c.631 §551; 2001 c.377 §52a; repealed by 2003 c.363 §16]

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ORS 746.190 [Formerly 736.725; repealed by 1977 c.742 §9]

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ORS 746.191 [1977 c.742 §3; 2003 c.14 §451; repealed by 2003 c.363 §16]

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ORS 746.195 Insurance on property securing loan or credit; certain practices by depository institutions prohibited. (1) A depository institution may not

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ORS 746.200 [Formerly 736.735; repealed by 1977 c.742 §9]

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ORS 746.201 Depository institution to obtain required property insurance when borrower does not; notice required. (1) In a contract or loan agreement, or in a separate document accompanying the contract or loan agreement and signed by the mortgagor, borrower or purchaser, that provides for a loan or other financing secured by the mortgagor’s, borrower’s or purchaser’s real or personal property and that authorizes the secured party to place insurance on the property when the mortgagor, borrower or purchaser fails to maintain the insurance as required by the contract or loan agreement or the separate document, a warning in substantially the following form shall be set forth in 10-point type

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ORS 746.205 [1977 c.742 §6; repealed by 2003 c.363 §16]

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ORS 746.210 [Formerly 736.745; repealed by 1977 c.742 §9]

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ORS 746.211 [1977 c.742 §7; 1987 c.916 §11; repealed by 2003 c.363 §16]

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ORS 746.213 Definitions for ORS 746.213 to 746.219. As used in ORS 746.213 to 746.219

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ORS 746.215 Regulation of depository institutions with regard to insurance sales or solicitations. (1) A depository institution or an affiliate of a depository institution that lends money or extends credit may not

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ORS 746.217 Disclosures to customers. (1) A depository institution that sells insurance, and any person that sells insurance on behalf of a depository institution, or on the premises of a depository institution where the depository institution is engaged in the business of taking deposits or making loans, shall disclose to the customer in writing, when practicable and in a clear and conspicuous manner, prior to a sale, that the insurance

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