Oregon Revised Statutes

Chapter 746 — Trade Practices

133 sections

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: In the case of life insurance policies, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any such bonuses or abatement of p…

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

746.015 Discrimination; noncompliance; hearing

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 cond…

746.018 Discrimination in issuance of burglary, theft, robbery or casualty policies prohibited

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…

746.020 [Amended by 1965 c.610 §13; repealed by 1967 c.359 §704]

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…

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: Discriminate in the application of its underwriting standards or rates;…

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 …

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

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.

746.040 [Amended by 1961 c.256 §3; repealed by 1967 c.359 §704]

746.045 Prohibition on rebates; exceptions; rules

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 t…

746.050 [Amended by 1961 c.256 §4; repealed by 1967 c.359 §704]

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.

746.060 [Repealed by 1961 c.256 §5]

746.065 Personal or controlled insurance

As used in this section, “personal or controlled insurance” means insurance covering an insurance producer or: The spouse of the insurance producer, the employer of the insurance producer or the employer’s spouse, or any group of employees under a group policy issued to the employer of the insurance producer; Any person related to the insurance producer, t…

746.070 [Repealed by 1961 c.256 §5]

746.075 Misrepresentation generally

A person may not engage, directly or indirectly, in any action described in subsection (2) of this section in connection with: The offer or sale of any insurance; or Any inducement or attempted inducement of any insured or person with ownership rights under an issued life insurance policy to lapse, forfeit, surrender, assign, effect a loan against, retain,…

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

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: Requiring persons who replace, or offer or propose to replace, existing life insurance, to leave with the policyholder written, signed and dated statements which fully and correctly compare the terms, condit…

746.090 [Repealed by 1967 c.359 §704]

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.

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 o…

746.115 Advertisements in languages other than English

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. Advertisements regarding an insurance policy in languages other than English may not be construed …

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.

746.125 Limitation on coverage of eye care services

As used in this section: “Health care service contractor” has the meaning given that term in ORS 750.005. “Independent practice association” has the meaning given that term in ORS 743B.001. An insurer or a health care service contractor that has a contract with an independent practice association to provide eye care services may not limit coverage of eye …

746.130 Insurance connected to sale or rental of property; prohibition; exceptions; charges

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. Subsection (1) of this section does not apply to: Home protection insuran…

746.135 Genetic tests and information; rules

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. A person may not u…

746.137 Reimbursement of private emergency responder’s actual expenses in emergency response

As used in this section: “Emergency” has the meaning given that term in ORS 401.025. “Private emergency responder” means a private hazardous materials response team, and individuals working under the direction of the private hazardous materials response team, that provides subject matter expertise or technical experience that may be called upon to particip…

746.140 Sale of life insurance with securities; written proposal; application of securities law

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. The written proposal shall be dated and signed by the insurance producer, or by the insurer if n…

746.145 Workers’ compensation insurance; combination of group of employers; purpose; conditions

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: All the…

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. Note: 746.147 was added to and made a part of ORS chapter 746 by legislative action but was not added to…

746.150 Other insurance; combination of experience of group of persons or risks; purpose; rules; conditions

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 Service…

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.

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…

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

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

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]

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

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

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

746.195 Insurance on property securing loan or credit; certain practices by depository institutions prohibited

A depository institution may not: Solicit the sale of insurance for the protection of real or personal property after a person indicates interest in securing a loan or credit extension, until the depository institution has agreed to make the loan or credit extension; Refuse to accept a written binder issued by an insurance producer as proof that temporary …

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

746.201 Depository institution to obtain required property insurance when borrower does not; notice required

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…

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

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

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

746.213 Definitions for ORS 746.213 to 746.219

As used in ORS 746.213 to 746.219: “Affiliate” means any company that controls, is controlled by or is under common control with another company. “Customer” means an individual who purchases, applies to purchase or is solicited to purchase insurance products primarily for personal, family or household purposes. “Depository institution” means a financial i…

746.215 Regulation of depository institutions with regard to insurance sales or solicitations

A depository institution or an affiliate of a depository institution that lends money or extends credit may not: As a condition precedent to the lending of money or extension of credit, or any renewal thereof, require that the person to whom the money or credit is extended, or whose obligation a creditor is to acquire or finance, negotiate any policy or ren…

746.217 Disclosures to customers

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 mann…

746.219 Investigatory powers

The Director of the Department of Consumer and Business Services may examine and investigate the insurance activities of any person that the director believes may be in violation of ORS 746.213, 746.215 or 746.217. Upon request and reasonable notice, a person shall make its insurance books and records available to the director and the director’s staff for in…

746.220 Debtor’s option in furnishing credit life or credit health insurance

When credit life insurance or credit health insurance, as defined in ORS 743.371, is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by the debtor or of procuring and furnishing the re…

746.222 [1993 c.130 §5; 1999 c.987 §20; repealed by 2013 c.698 §42 and 2013 c.640 §20]

746.225 [1975 c.469 §2; repealed by 1979 c.140 §3]

746.230 Unfair claim settlement practices

An insurer or other person may not commit or perform any of the following unfair claim settlement practices: Misrepresenting facts or policy provisions in settling claims; Failing to acknowledge and act promptly upon communications relating to claims; Failing to adopt and implement reasonable standards for the prompt investigation of claims; Refusing to …

746.233 Unfair claim settlement practices with respect to prior authorizations of health care items or services

As used in this section, “prior authorization” has the meaning given that term in ORS 743B.001. An insurer offering a policy or certificate of health insurance may not, in making a determination on a health care provider or enrollee’s request for prior authorization of a health care item or service, perform any of the following unfair claim settlement pract…

746.240 Undefined trade practices injurious to public prohibited

No person shall engage in this state in any trade practice that, although not expressly defined and prohibited in the Insurance Code, is found by the Director of the Department of Consumer and Business Services to be an unfair or deceptive act or practice in the transaction of insurance that is injurious to the insurance-buying public.

746.250 [1967 c.359 §590; repealed by 1973 c.281 §3]

746.260 Driving record not to be considered in issuance of motor vehicle insurance

As used in this section, “employment driving record” and “nonemployment driving record” mean the employment driving record and nonemployment driving record described in ORS 802.200. Except as provided in subsection (4) of this section, an insurer may not consider an individual’s employment driving record or nonemployment driving record in determining rates …

746.265 Purposes for which abstract of nonemployment driving record may be considered

Subject to subsection (2) of this section, an insurer may consider the abstract of an individual’s nonemployment driving record under ORS 802.220 when evaluating the individual’s application to obtain or renew personal insurance, as defined in ORS 746.600, that provides automobile liability coverage, uninsured motorist coverage, automobile medical payments c…

746.270 Use of past investment or predicted future investment experience in sale of variable life insurance policies

No person shall make or use in the offer or sale of a variable life insurance policy any illustrations of benefits payable that include projections of past investment experience into the future or predictions of future investment experience. This section is not intended to prohibit use of hypothetical assumed rates of investment return to illustrate possible…

746.275 Definitions for ORS 746.275 to 746.300

As used in ORS 746.275 to 746.300: “Adjuster” means a person authorized to do business under ORS 744.515 or 744.521. “Motor vehicle liability insurance policy” means an insurance policy which provides automobile liability coverage, uninsured motorist coverage, automobile medical payments coverage or automobile physical damage coverage on motor vehicles, bu…

746.280 Designation of particular motor vehicle repair shop by insurer prohibited; notice; limitation of costs

An insurer may not require that a particular person make the repairs to the insured’s motor vehicle as a condition for recovery by the insured under a motor vehicle liability insurance policy. Prior to providing a recommendation that a particular person make repairs to the insured’s motor vehicle, the person adjusting the claim on behalf of the insurer shal…

746.285 Notice of prohibition in motor vehicle repair shops; size; location

A person operating a motor vehicle body and frame repair shop shall display in a conspicuous place in the shop a sign in bold face type in letters at least two inches high reading substantially as follows: ______________________________________________________________________________ PURSUANT TO OREGON INSURANCE LAW, AN INSURANCE COMPANY MAY NOT REQUIRE TH…

746.287 Insurer requirement of installation of aftermarket crash part in vehicle

Without the consent of the owner of the vehicle, an insurer may not require, directly or indirectly, that a motor vehicle body and frame repair shop supply or install any aftermarket crash part unless the part has been certified by an independent test facility to be at least equivalent to the part being replaced. For purposes of this section, an aftermarket…

746.289 Insurer offer of crash part warranty

Any insurer which offers a motor vehicle insurance policy that provides coverage for repair of the vehicle shall make available to its insured a crash part warranty for crash parts not made by the original equipment manufacturer as described in ORS 746.292 when the insured requests one. Note: 746.289 was enacted into law by the Legislative Assembly but was …

746.290 Notice of prohibition in policies and by adjusters

An adjuster establishing loss under a motor vehicle liability insurance policy shall advise the insured of the provisions of ORS 746.280. Every motor vehicle liability insurance policy issued in this state after December 31, 1977, and any extension or renewal after that date of a policy issued before that date shall be accompanied by a statement in clear an…

746.292 Motor vehicle repair shops; invoices; estimates; warranties; prohibited practices

All work done by a motor vehicle body and frame repair shop shall be recorded on an invoice and shall describe all service work done and parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. If any component system installed is composed of new and used parts, such invoice shall clearly state that fact. One copy of the inv…

746.295 Proof and amount of loss under motor vehicle liability policies; determination by insurer

Nothing in ORS 746.275 to 746.300 or 746.991 shall prohibit an insurer from establishing proof of loss requirements for motor vehicle liability insurance policies, investigating and determining the amount of an insured’s loss through its agents or employees or negotiating with any person for the repair of such loss. Note: See note under 746.275.

746.300 Liability of insurers and motor vehicle repair shops for damages; attorney fees

An insured whose insurer violates ORS 746.280 or 746.290, or a customer whose motor vehicle body and frame repair shop violates ORS 746.292, may file an action to recover actual damages or $100, whichever is greater, for each violation. The court may award reasonable attorney fees to the prevailing party in an action under this section. Note: See note under…

746.305 Rules

The Director of the Department of Consumer and Business Services may adopt rules to carry out the provisions of ORS 746.275 to 746.300 and 746.991. Note: 746.305 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for furth…

746.307 [1989 c.947 §4; renumbered 743.724 in 1991]

746.308 Violation of provisions regarding totaled vehicles as violation of Insurance Code

An insurer that violates ORS 819.014 or 819.018 shall be considered to have violated a provision of the Insurance Code. Note: 746.308 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 746 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. UNAUTHORIZE…

746.310 Representing or aiding unauthorized insurer prohibited; insurance producer liable to insured

No person shall in this state directly or indirectly with respect to domestic risks act as insurance producer for or otherwise transact insurance for any insurer not then authorized to transact such insurance in this state. In the event of failure of any unauthorized insurer to pay any claim or loss within the provisions of such insurance policy, any insura…

746.320 Service of process equivalent to personal service on unauthorized foreign or alien insurer

When an unauthorized insurer does any of the acts specified in subsection (2) of this section in this state, by mail or otherwise, the doing of such acts shall constitute an appointment by such insurer of the Director of the Department of Consumer and Business Services, and the successor in office, as its lawful attorney upon whom all process may be served i…

746.330 Judgment by default after service of process under ORS 746.320

Until the expiration of 30 days from the date of filing an affidavit of compliance under ORS 746.320, no plaintiff or complainant shall be entitled to a judgment by default in any action in which service of process is made in the manner provided in such section.

746.340 Conditions to be met by defendant unauthorized insurer before filing motions or pleadings

Except as provided in subsection (3) of this section, before any unauthorized insurer may file or cause to be filed any motion or pleading in an action started against it by service of process in the manner provided in ORS 746.320, the defendant insurer shall either: Procure a certificate of authority to transact insurance in this state; or Deposit cash or…

746.350 Attorney fee allowable to prevailing party

In any action against an unauthorized insurer in which service of process was made in the manner provided in ORS 746.320, the court may award reasonable attorney fees to the prevailing party.

746.360 Exceptions to application of unauthorized insurer service of process law

ORS 746.320 to 746.360 do not apply to an action against an unauthorized insurer arising out of any policy of: Reinsurance or wet marine and transportation insurance; Insurance effected in compliance with ORS 735.400 to 735.495; Insurance against legal liability arising out of ownership, operation or maintenance of any property having a permanent situs ou…

746.370 Records of insureds

In order that the Director of the Department of Consumer and Business Services may effectively administer ORS 746.310 to 746.370, every person for or by whom insurance has been placed with an unauthorized insurer shall, upon the director’s order, produce for examination all policies and other documents evidencing the insurance, and shall disclose to the dire…

746.405 Definitions for ORS 746.405 to 746.530

As used in ORS 746.405 to 746.530, unless the context requires otherwise: “Premium finance agreement” means an agreement by which an insured or prospective insured promises to pay to a premium finance company or to its assignee the amount advanced or to be advanced under the agreement to an insurer or to an insurance producer in payment of premiums on an in…

746.415 [1969 c.639 §3; repealed by 1993 c.265 §14]

746.420 [1989 c.700 §22; repealed by 1993 c.265 §14]

746.422 Inquiries from director to premium finance company

In the manner provided in ORS 731.296, the Director of the Department of Consumer and Business Services may address inquiries to a premium finance company, and a premium finance company shall reply to such inquiries.

746.425 Applicability of ORS 746.405 to 746.530

ORS 746.405 to 746.530 do not apply to: Any insurer authorized to transact business in this state who finances insurance premiums on domestic risks with a service charge no greater than that provided in ORS 746.485 and 746.495; Any bank, trust company, savings and loan association, credit union or other lending institution authorized to transact business i…

746.435 [Amended by 1969 c.639 §5; 1971 c.231 §36; 1989 c.700 §19; repealed by 1993 c.265 §14]

746.445 [1969 c.639 §6; 1989 c.700 §20; repealed by 1993 c.265 §14]

746.455 [1969 c.639 §7; 1971 c.231 §37; repealed by 1993 c.265 §14]

746.460 [1989 c.700 §23; repealed by 1993 c.265 §14]

746.465 Records required of premium finance companies; form; inspection

Every premium finance company shall maintain records of its premium finance transactions and the records shall be open to examination and investigation by the Director of the Department of Consumer and Business Services. The director may at any time require the company to bring such records as the director may direct to the director’s office for examination.…

746.470 Prohibition against interfering with premium financing recommendation

No insurer shall interfere in any way with the right of any person soliciting or procuring an application for its insurance policies to recommend to an insured any premium finance company.

746.475 Premium finance agreements; contents; form; delivery; notice to insurer

A premium finance agreement shall: Be dated, signed by the insured or by any person authorized in writing to act in behalf of the insured, and the printed portion thereof shall be in at least eight-point type; Contain the name and place of business of the insurance producer negotiating the related insurance policy, the name and residence or the place of bu…

746.485 Regulation of service charge for premium financing; method of computation; prepayment

A premium finance company shall not charge, contract for, receive, or collect a service charge other than as permitted by ORS 746.405 to 746.530. The service charge is to be computed on the balance of the premiums due (after subtracting the down payment made by the insured in accordance with the premium finance agreement) from the effective date of the insu…

746.495 Delinquency charges regulated

A premium finance agreement may provide for the payment by the insured of a delinquency charge for any payment that is in default for a period of 10 days or more. Such charge may be made for each month or fraction thereof that the payment is in default. The amount of such charge may be a minimum of $1 and as a maximum shall be subject to the following limits…

746.505 Cancellation of policy by premium finance company; notice required; effective date of cancellation

When a premium finance agreement contains a power of attorney enabling the premium finance company to cancel any insurance policy or policies listed in the agreement, the insurance policy or policies shall not be canceled by the premium finance company unless such cancellation is effectuated in accordance with this section. Not less than 10 days’ written no…

746.515 Return of unearned premiums on cancellation

Whenever a financed insurance policy is canceled, the insurer who has been notified as provided in ORS 746.475 (4) shall return whatever gross unearned premiums are due under the insurance policy to the premium finance company for the account of the insured or insureds not later than the 30th day after the date of cancellation. If the insurer elects to retur…

746.525 Agreement effective as security interest

No filing of the premium finance agreement shall be necessary to perfect the validity of such agreement as a secured transaction as against creditors, subsequent purchasers, pledgees, encumbrancers, successors or assigns.

746.530 Attorney fees

In any action to enforce any right created by ORS 746.405 to 746.530, the prevailing party may be awarded a reasonable amount, to be fixed by the court, as attorney fees. The amount may be taxed as part of the cost of the action and any appeal thereon. USE AND DISCLOSURE OF INSURANCE INFORMATION

746.600 Definitions for ORS 746.600 to 746.690

As used in ORS 746.600 to 746.690: “Adverse underwriting decision” means any of the following actions with respect to insurance transactions involving insurance coverage that is individually underwritten: A declination of insurance coverage. A termination of insurance coverage. Failure of an insurance producer to apply for insurance coverage with a speci…

746.605 Purpose

The purpose of ORS 746.600 to 746.690 is to: Establish standards for the collection, use and disclosure of personal information gathered in connection with insurance transactions by insurers, insurance producers or insurance-support organizations; Maintain a balance between the need for personal information by those conducting the business of insurance and…

746.606 Information privacy standards for health insurers

ORS 746.607 and 746.608 establish standards for health insurers that are subject to the information privacy provisions of both the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and the federal Gramm-Leach-Bliley Act (P.L. 106-102). These standards address: Use and disclosure of personal information; Access of individual…

746.607 Use and disclosure of personal information

Except as provided in ORS 743B.555, a health insurer: May use or disclose personal information of an individual in a manner that is consistent with an authorization provided by the individual or a personal representative of the individual. May use or disclose protected health information of an individual without obtaining an authorization from the individu…

746.608 Rules

The Director of the Department of Consumer and Business Services shall adopt rules implementing ORS 746.607. In adopting rules under this section, the director shall consider the information privacy provisions of the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and the federal Gramm-Leach-Bliley Act (P.L. 106-102). The …

746.609 Exemptions for health insurers

ORS 746.620, 746.630, 746.640, 746.645 and 746.665 do not apply to health insurers.

746.610 Application of ORS 746.600 to 746.690

Except as otherwise provided in ORS 746.606, 746.607, 746.608 and 746.609, the obligations imposed by ORS 746.600 to 746.690 apply to those insurers, insurance producers and insurance-support organizations that: In the case of life or health insurance: Collect, receive or maintain personal information, in connection with insurance transactions, that pertai…

746.611 Personal representative of deceased person

If no person has been appointed as a personal representative under ORS chapter 113 or a person appointed as a personal representative under ORS chapter 113 has been discharged, the personal representative of a deceased individual shall be the first of the following persons, in the following order, who may be located upon reasonable effort by the covered enti…

746.612 No right of action

Nothing in ORS 746.607 may be construed to create a new private right of action against a health insurer.

746.615 Pretext interviews prohibited

An insurer, insurance producer or insurance-support organization may not use or authorize the use of pretext interviews to obtain personal information in connection with an insurance transaction. However, a pretext interview may be undertaken to obtain information from a person or institution that does not have a generally recognized or statutorily recognize…

746.620 Notice of insurance information practices; exceptions; rules

A licensee must provide a clear and conspicuous notice of personal information practices to individuals in connection with insurance transactions under the following circumstances and at the following times: Except as provided in this paragraph, to a consumer who becomes a customer of the licensee, not later than the date that the licensee establishes a con…

746.625 Marketing and research surveys

An insurer or insurance producer shall clearly identify those questions that are designed to obtain personal information solely for marketing or research purposes from an individual in connection with an insurance transaction.

746.630 Authorization for disclosure of certain information; forms; revocation

Notwithstanding any other law of this state, a licensee or insurance-support organization may not use as its disclosure authorization form in connection with insurance transactions a form or statement that authorizes the disclosure of personal or privileged information about an individual to the licensee or insurance-support organization unless the form or s…

746.632 Genetic information used for treatment; authorization; disclosure

Notwithstanding ORS 192.537 (3), a health insurer may retain genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the retention is for treatment, payment or health care operations by the insurer. Notwithstanding ORS 192.539 (1), a health insurer may disclose genetic inf…

746.635 Investigative consumer reports

No insurer, insurance producer or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement or a change in insurance benefits unless the insurer or insurance producer informs the individ…

746.640 Access to recorded personal information

If any individual, after proper identification, submits a written request to an insurer, insurance producer or insurance-support organization for access to recorded personal information about the individual that is reasonably described by the individual and reasonably locatable and retrievable by the insurer, insurance producer or insurance-support organizat…

746.645 Correction, amendment or deletion of recorded personal information

Within 30 business days from the date of receipt of a written request from an individual to correct, amend or delete any recorded personal information about the individual within its possession, an insurer, insurance producer or insurance-support organization shall either: Correct, amend or delete the portion of the recorded personal information in dispute;…

746.650 Reasons for adverse underwriting decisions

Except as otherwise provided in ORS 743B.250, 743B.252, 743B.255 and 743B.422: In the event of an adverse underwriting decision, the insurer or insurance producer responsible for the decision must: Either provide the consumer proposed for coverage with the specific reason or reasons for the adverse underwriting decision in writing or advise the consumer th…

746.655 Information concerning previous adverse underwriting decisions

No insurer, insurance producer or insurance-support organization may seek information in connection with an insurance transaction concerning any previous adverse underwriting decision experienced by an individual, or any previous insurance coverage obtained by an individual through a residual market mechanism, unless the inquiry also requests the reasons for…

746.660 Basing adverse underwriting decision on previous adverse decision

No insurer or insurance producer may base an adverse underwriting decision in whole or in part on: The fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism. However, an insurer or insurance producer may base an adverse underwriting decision on further in…

746.661 Use of credit history or insurance score

An insurer that issues personal insurance policies in this state: May not cancel or nonrenew personal insurance that has been in effect for more than 60 days based in whole or in part on a consumer’s credit history or insurance score. May use a consumer’s credit history to decline coverage of personal insurance in the initial underwriting decision only in …

746.662 Filing of insurance scoring models

An insurer may not use credit history to determine personal insurance eligibility, premiums or rates for coverage unless the insurer has filed the insurance scoring models used by the insurer with the Director of the Department of Consumer and Business Services. An insurance scoring model includes all attributes and factors used in the calculation of an insu…

746.663 Cancellation or nonrenewal of personal insurance policies based on credit history or insurance score

An insurer that issues personal insurance policies in this state may not cancel or nonrenew a policy of personal insurance based in whole or in part on a consumer’s credit history or insurance score. If, prior to January 1, 2004, an insurer has assigned a consumer to a less favorable rating category for a policy of personal insurance based in whole or in pa…

746.665 Limitations and conditions on disclosure of certain information

A licensee or insurance-support organization may not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure meets one or more of the following conditions: Is with the written authorization of the individual, and: If the authorization is submitted by another…

746.668 Relationship of ORS 746.620, 746.630 and 746.665 to federal Fair Credit Reporting Act

Nothing in ORS 746.620, 746.630 or 746.665 may be construed to modify, limit or supersede the operation of the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and no inference may be drawn on the basis of ORS 746.620, 746.630 or 746.665 regarding whether personal information is transaction information or experience information under section 603 of…

746.670 Investigatory powers

The Director of the Department of Consumer and Business Services may examine and investigate into the affairs of any insurer or insurance producer transacting insurance in this state to determine whether it has been or is engaged in any conduct in violation of ORS 746.600 to 746.690. The director may examine and investigate into the affairs of any insurance…

746.675 Service of process on out-of-state insurance-support organizations

For the purpose of ORS 746.600 to 746.690 and 750.055, an insurance-support organization transacting business outside this state which has an effect on a person residing in this state shall be considered to have appointed the Director of the Department of Consumer and Business Services to accept service of process on its behalf. Notice of such service shall …

746.680 Remedies

A person whose rights granted under ORS 746.607 (7), 746.640, 746.645 or 746.650 are violated may apply to the circuit court for the county in which the person resides, or any other court of competent jurisdiction, for appropriate equitable relief if an insurer, insurance producer or insurance-support organization fails to comply with ORS 746.607 (7), 746.64…

746.685 Liability for disclosure of information

No cause of action in the nature of defamation, invasion of privacy or negligence shall arise against any person for disclosing personal or privileged information in accordance with ORS 746.600 to 746.690 and 750.055, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurer, insurance producer …

746.686 Use of prior claim or inquiry in determination to issue or renew homeowner insurance policy; rules

When a consumer applies for a homeowner insurance policy, an insurer may not use: A prior claim of the consumer or a claim relating to the property to be insured, when the date of loss of the claim is more than five years preceding the date of application, to determine whether to issue the policy or to determine rates or other terms and conditions of the po…

746.687 Cancellation of homeowner insurance policy

Except as provided in subsection (6) of this section, an insurer may cancel a homeowner insurance policy before the expiration of the policy only for one or more of the following reasons: Nonpayment of premium; Fraud or material misrepresentation affecting the policy or in the presentation of a claim under the policy; Violation of any of the terms and con…

746.688 Use of loss history reports; notice to consumer

An insurer or insurance producer shall notify a consumer that the insurer or insurance producer will request a loss history report relating to the consumer or property to be insured before the insurer or insurance producer may obtain the report. The notice may be oral, in writing or in the same medium as the medium in which previous communication between the…

746.690 Obtaining information under false pretenses prohibited

No person shall knowingly and willfully obtain information about an individual from an insurer, insurance producer or insurance-support organization under false pretenses.

746.990 [Repealed by 1967 c.359 §704]

PENALTIES

746.991 Penalties

Violation of ORS 746.280 to 746.292 is a Class D violation. Note: See note under 746.275. _______________