Oregon Law
Law as of Jan 1, 2024
Chapter contents
744.001[1989 c.701 §§13,81g; 2001 c.191 §26; 2003 c.364 §117; 2007 c.71 §241; repealed by 2019 c.151 §46] 744.002[1989 c.701 §§2,81e; 1995 c.639 §3; 2001 c.191 §27; repealed by 2019 c.151 §46] 744.003[1989 c.701 §3; 2001 c.191 §28; repealed by 2019 c.151 §46] 744.004[1989 c.701 §4; repealed by 2019 c.151 §46] 744.005[1967 c.359 §525; repealed by 1989 c.701 §81] 744.007[1989 c.701 §§5,81f; repealed by 2019 c.151 §46] 744.008[1989 c.701 §§14,81h; 1991 c.810 §2; 2001 c.191 §29; repealed by 2019 c.151 §46] 744.009[1989 c.701 §6; 2001 c.191 §30; repealed by 2019 c.151 §46] 744.010[Repealed by 1967 c.359 §704] 744.011[1989 c.701 §11; 1991 c.810 §3; 2001 c.191 §42; repealed by 2019 c.151 §46] 744.012[1979 c.501 §1; 1989 c.701 §41; renumbered 744.240 in 1989] 744.013[Formerly 744.255; 1991 c.810 §4; 1993 c.447 §84; 2001 c.191 §31; 2003 c.364 §118; 2003 c.576 §258; repealed by 2019 c.151 §46] 744.014[Formerly 744.260; 2001 c.191 §32; repealed by 2019 c.151 §46] 744.015[1967 c.359 §526; 1989 c.701 §22; renumbered 744.054 in 1989] 744.016[Formerly 744.265; repealed by 2001 c.191 §61] 744.017[1971 c.231 §8; 1989 c.701 §42; renumbered 744.245 in 1989] 744.018[1989 c.701 §12; 2001 c.191 §43; repealed by 2019 c.151 §46] 744.020[Repealed by 1967 c.359 §704] 744.022[1989 c.701 §15; 2001 c.191 §33; repealed by 2019 c.151 §46] 744.024[1989 c.701 §16; 2001 c.191 §34; repealed by 2019 c.151 §46] 744.025[1967 c.359 §527; 1971 c.385 §6; 1979 c.501 §3; 1979 c.829 §9a; 1981 c.247 §18; 1983 c.464 §1; 1985 c.762 §188; 1989 c.701 §23; renumbered 744.057 in 1989] 744.026[1989 c.701 §17; 1995 c.639 §4; 2001 c.191 §35; repealed by 2019 c.151 §46] 744.028[1989 c.701 §18; 2001 c.191 §36; repealed by 2019 c.151 §46] 744.030[Amended by 1965 c.610 §12; repealed by 1967 c.359 §704] 744.031[1989 c.701 §19; 2001 c.191 §37; repealed by 2019 c.151 §46] 744.033[1989 c.701 §20; 2001 c.191 §38; repealed by 2019 c.151 §46] 744.035[1967 c.359 §528; 1985 c.697 §18; repealed by 1989 c.701 §81] 744.037[1989 c.701 §7; 2001 c.191 §44; repealed by 2019 c.151 §46] 744.039[1991 c.810 §22; 2001 c.191 §23; renumbered 744.077 in 2001] 744.040[Repealed by 1967 c.359 §704] 744.045[1967 c.359 §529; 1983 c.76 §2; 1987 c.916 §8; 1989 c.331 §33; 1989 c.701 §25; renumbered 744.066 in 1989] 744.050[Repealed by 1953 c.93 §2] 744.051[1989 c.701 §21; 1991 c.810 §5; repealed by 2001 c.191 §61] 744.052Definitions for ORS 744.052 to 744.089 744.053Requirements to be licensed as insurance producer for class of insurance 744.054[Formerly 744.015; 1991 c.810 §6; repealed by 2001 c.191 §61] 744.055[1967 c.359 §530; 1971 c.231 §27; 1987 c.222 §1; 1989 c.701 §27; renumbered 744.071 in 1989] 744.056Exemptions from insurance producer licensing requirements 744.057[Formerly 744.025; 1997 c.631 §547; 1999 c.59 §227; repealed by 2001 c.191 §61] 744.058Written examination; fees; rules 744.059Qualifications for license; use of uniform application 744.060[Repealed by 1953 c.93 §2] 744.061Banking institution as insurance producer 744.062Issuance of insurance producer license; rules 744.063Nonresident insurance producer license; fee 744.064Persons licensed elsewhere 744.065[1967 c.359 §531; 1969 c.336 §14; 1973 c.89 §1; 1983 c.76 §3; 1989 c.413 §10; repealed by 1989 c.701 §81] 744.066[Formerly 744.045; repealed by 2001 c.191 §61] 744.067Exemptions from prelicensing education or examination requirement 744.068Required notifications; maintenance of usual and customary records; rules 744.069[1989 c.701 §26; repealed by 2001 c.191 §61] 744.070[Amended by 1967 c.359 §480; renumbered 743.603] 744.071[Formerly 744.055; repealed by 2001 c.191 §61] 744.072Renewal or reinstatement of insurance producer license; continuing education; rules 744.073Temporary insurance producer license 744.074Authority of director to place licensee on probation or to suspend, revoke or refuse to issue or renew license 744.075[1967 c.359 §532; 1983 c.76 §4; 1989 c.701 §28; 1991 c.810 §7; repealed by 2001 c.191 §61] 744.076Payment of commission, service fee or brokerage 744.077Conditions under which person licensed as insurance producer and consultant may accept commission or fee; rules 744.078Appointment of insurance producers; rules 744.079Termination of relationship with insurance producer 744.080[Repealed by 1967 c.359 §704] 744.081Termination of appointment 744.082Waiver of requirement for nonresident insurance producer license applicant 744.083Trust account for premium funds; commingling; exceptions; rules 744.084Certificate of deposit in lieu of trust account; rules 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] 744.086Applicability of Insurance Code to insurance producers transacting title insurance 744.087Filing insurance producers compensation agreements; filing not public record 744.088Training requirements to be licensed as insurance producer for long term care insurance 744.089Report of administrative action taken against insurance producer 744.090[Amended by 1967 c.359 §370; renumbered 743.111] 744.091Additional conditions under which person licensed as insurer or insurance producer may charge commission or service fee; rules 744.095[1967 c.359 §534; repealed by 1989 c.701 §81] 744.100[Repealed by 1967 c.359 §704] 744.101Definitions 744.104Travel insurance through travel retailers; direction by limited travel insurance producers; requirements and restrictions; designated employees 744.105[1967 c.359 §535; 1971 c.231 §29; repealed by 1989 c.701 §81] 744.107Violations; revocation of authorization 744.110[Repealed by 1967 c.359 §704] 744.111Rules 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] 744.119[Formerly 744.205; 1991 c.810 §10; 1993 c.447 §86; 1997 c.131 §4; repealed by 2001 c.191 §61] 744.120[Repealed by 1967 c.359 §704] 744.123[Formerly 744.195; repealed by 2001 c.191 §61] 744.125[1959 c.367 §1; 1967 c.359 §501; renumbered 743.666] 744.127[1989 c.701 §33; 1991 c.810 §11; repealed by 2001 c.191 §61] 744.130[Amended by 1955 c.226 §1; 1967 c.359 §502; renumbered 743.669] 744.135[1967 c.359 §537; 1973 c.89 §2; repealed by 1989 c.701 §81] 744.140[Repealed by 1967 c.359 §704] 744.145[1967 c.359 §538; 1989 c.701 §35; repealed by 2001 c.191 §61] 744.150[Repealed by 1967 c.359 §704] 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] 744.160[Repealed by 1967 c.359 §704] 744.165[Formerly 739.520; 1971 c.231 §32; 1983 c.265 §1; repealed by 2001 c.191 §61] 744.170[Repealed by 1967 c.359 §704] 744.175[1967 c.359 §541; 1975 c.769 §6; 1989 c.692 §§1,2; 1989 c.701 §36; 2001 c.191 §24a; renumbered 744.081 in 2001] 744.180[Repealed by 1967 c.359 §704] 744.182[1989 c.701 §37; 1995 c.639 §5; repealed by 2001 c.191 §61] 744.185[1967 c.359 §542; repealed by 1989 c.701 §81] 744.190[Repealed by 1967 c.359 §704] 744.195[1967 c.359 §543; 1989 c.413 §12; 1989 c.701 §§32,81d; renumbered 744.123 in 1989] 744.200[Repealed by 1967 c.359 §704] 744.205[1967 c.359 §544; 1977 c.820 §2; 1979 c.501 §6; 1981 c.817 §3; 1983 c.76 §6; 1989 c.701 §31; renumbered 744.119 in 1989] 744.215[1967 c.359 §545; 1989 c.413 §13; 1989 c.701 §40; renumbered 744.235 in 1989] 744.225[1987 c.569 §2; 1989 c.701 §38; 1997 c.631 §549; 2001 c.191 §24b; renumbered 744.083 in 2001] 744.227[1989 c.680 §2; 2001 c.191 §24c; renumbered 744.084 in 2001] 744.231[1989 c.701 §39; repealed by 2001 c.191 §61] 744.235[Formerly 744.215; repealed by 1993 c.265 §14] 744.240[Formerly 744.012; renumbered 744.086 in 2001] 744.245[Formerly 744.017; 1999 c.55 §4; renumbered 744.087 in 2001] 744.255[1967 c.359 §546; 1969 c.336 §15; 1983 c.76 §7; 1985 c.697 §15; 1987 c.774 §141; 1989 c.701 §8; renumbered 744.013 in 1989] 744.260[1971 c.231 §9; 1983 c.76 §8; 1985 c.697 §16; 1989 c.701 §9; renumbered 744.014 in 1989] 744.265[1967 c.359 §547; 1983 c.76 §9; 1989 c.701 §10; renumbered 744.016 in 1989] 744.300License and indorsement; managing general agent described 744.301Exemptions from license requirement 744.303Certificate of errors and omissions insurance; rules 744.305[Formerly 750.010; repealed by 1987 c.774 §154] 744.306Contract between insurer and managing general agent 744.308Limitations on authority of insurer and managing general agent 744.310[Repealed by 1967 c.359 §704] 744.311Books, bank accounts and records 744.313Financial examination; loss reserves; notification of appointment and termination; acts of managing general agent attributed to insurer 744.314Rules 744.315[Formerly 750.020; 1981 c.455 §1; repealed by 1987 c.774 §154] 744.316Authority of director if managing general agent violates provisions of ORS 744.300 to 744.316 744.318Definitions for ORS 744.318 to 744.384 744.319[1995 c.342 §2; repealed by 2009 c.711 §23] 744.320[Amended by 1959 c.369 §5; repealed by 1967 c.359 §704] 744.321Life settlement providers 744.323Life settlement brokers 744.324Life settlement investment agents 744.325[1967 c.359 §550; repealed by 1987 c.774 §154] 744.326License application; fee 744.328Issuance of license 744.330[Repealed by 1967 c.359 §704] 744.331Expiration of license; rules for renewal 744.333Individual acting as provider under license of firm or corporation 744.335[1967 c.359 §551; 1981 c.455 §2; repealed by 1987 c.774 §154] 744.336Notification by licensee of material change affecting qualification for license 744.338Suspension, revocation, refusal to issue or renew license 744.340[Repealed by 1967 c.359 §704] 744.341Terms of contract 744.343Annual report and statement by provider; restrictions on disclosure of information; rules 744.345[Formerly 750.040; repealed by 1987 c.774 §154] 744.346Examination of business and practices of licensee or applicant; records 744.348[1995 c.342 §14; repealed by 2009 c.711 §23] 744.350[Repealed by 1967 c.359 §704] 744.351[1995 c.342 §15; repealed by 2009 c.711 §23] 744.353[1995 c.342 §16; 2007 c.100 §31; renumbered 744.382 in 2009] 744.354Disclosure by life settlement provider, broker or investment agent to policy owner 744.355[Formerly 750.050; repealed by 1987 c.774 §154] 744.356[1995 c.342 §17; repealed by 2009 c.711 §23] 744.358[1995 c.342 §18; 2009 c.711 §20; renumbered 744.384 in 2009] 744.359Disclosure by life settlement broker or provider to insurer 744.360[Repealed by 1967 c.359 §704] 744.362Disclosure by insurance company to policy owner; rules 744.364Life settlement contract requirements 744.365[1967 c.359 §554; repealed by 1987 c.774 §154] 744.367Limitations on ability to enter life settlement contract; exceptions 744.369Unlawful life settlement contract actions 744.370[Repealed by 1967 c.359 §704] 744.372Advertising of life settlement contracts; rules 744.374Enforcement of life settlement contract provisions; reporting of violations; required antifraud initiatives 744.375[Formerly 750.060; repealed by 1987 c.774 §154] 744.380[Repealed by 1967 c.359 §704] 744.382Prohibitions on finder’s fee, solicitations, discrimination 744.384Rules; standards 744.385[Formerly 750.100; repealed by 1987 c.774 §154] 744.390[Repealed by 1967 c.359 §704] 744.395[Repealed by 1967 c.359 §704] 744.396[Formerly 750.080; repealed by 1987 c.774 §154] 744.400[Repealed by 1967 c.359 §704] 744.405[Formerly 750.090; 1979 c.870 §7; repealed by 1987 c.774 §154] 744.410[Amended by 1963 c.463 §1; repealed by 1967 c.359 §704] 744.420[Amended by 1953 c.322 §2; 1963 c.463 §2; repealed by 1967 c.359 §704] 744.430[Amended by 1955 c.226 §2; 1963 c.463 §3; 1967 c.359 §503; renumbered 743.672] 744.440[Amended by 1967 c.359 §504; renumbered 743.675] 744.450[Amended by 1967 c.359 §505; renumbered 743.678] 744.460[Amended by 1967 c.359 §506; renumbered 743.681] 744.470[Repealed by 1967 c.359 §704] 744.480[Repealed by 1967 c.359 §704] 744.490[Repealed by 1967 c.359 §704] 744.500[Repealed by 1967 c.359 §704] 744.502Definitions 744.505Adjuster license required 744.510[Repealed by 1967 c.359 §704] 744.515Exemptions from adjuster licensing requirement 744.518License application; business entity as applicant; fees 744.520[Repealed by 1967 c.359 §704] 744.521Powers of director to issue, renew, amend, suspend and reinstate licenses; license expiration; fees 744.523Conditions for licensing, renewing license for or amending license of business entity 744.525Resident adjuster qualifications; rules 744.528Nonresident adjuster qualifications; rules 744.530[1957 c.247 §1; repealed by 1967 c.359 §704] 744.531Classes of insurance for adjusters 744.535[1967 c.359 §562; 1989 c.413 §15; 1989 c.701 §48; 1991 c.810 §14; repealed by 2019 c.151 §46] 744.538Change of circumstance of nonresident adjuster 744.540[1957 c.247 §2; repealed by 1967 c.359 §704] 744.541Adjustment of claim under policy issued by unauthorized insurer 744.545[1967 c.359 §563; 1983 c.76 §13; 1989 c.413 §16; repealed by 1989 c.701 §81] 744.550[1957 c.247 §3; repealed by 1967 c.359 §704] 744.555Temporary adjuster permit; rules 744.560[1957 c.247 §4; repealed by 1967 c.359 §704] 744.565[1957 c.247 §5; repealed by 1967 c.359 §704] 744.566[1967 c.359 §565; repealed by 1969 c.336 §21] 744.570[1957 c.247 §6; repealed by 1967 c.359 §704] 744.575Adjusting claims involving credit life or credit health insurance 744.578Licensee’s place of business 744.580[1957 c.247 §7; repealed by 1967 c.359 §704] 744.581Notices required; rules 744.584Prohibited conduct; penalties and disciplinary action; hearings 744.590[1957 c.247 §8; repealed by 1967 c.359 §704] 744.600[1957 c.247 §9; repealed by 1967 c.359 §704] 744.602Definitions 744.605Insurance consultant’s license required 744.609Exemptions 744.610[1957 c.247 §10; repealed by 1967 c.359 §704] 744.611License application; business entity as applicant; fees 744.614Powers of director to issue, renew, amend, suspend and reinstate licenses; license expiration; fees 744.615[1985 c.697 §4; repealed by 1989 c.701 §81] 744.617Conditions for licensing, renewing license for or amending license of business entity 744.619Qualifications for resident insurance consultant’s license; rules 744.620[1957 c.247 §11; repealed by 1967 c.359 §704] 744.621Qualifications for nonresident insurance consultant’s license; rules 744.625[1985 c.697 §6; 1987 c.774 §142; repealed by 1989 c.701 §81] 744.626Classes of insurance for consultants 744.629[1985 c.697 §7; repealed by 1989 c.701 §81] 744.630[1957 c.247 §12; repealed by 1967 c.359 §704] 744.631Change of circumstance of nonresident insurance consultant 744.635Errors and omissions insurance; rules 744.638Licensee’s place of business 744.639[1985 c.697 §9; repealed by 1989 c.701 §81] 744.640[1957 c.247 §13; repealed by 1967 c.359 §704] 744.641Notices required; rules 744.644Prohibited conduct; penalties and disciplinary action; hearings 744.645[1985 c.697 §10; repealed by 1989 c.701 §81] 744.650Disclosure by insurance consultants; rules 744.655Rebates prohibited 744.660[1985 c.697 §13; repealed by 1989 c.701 §81] 744.665Continuing education; rules 744.700Definitions for ORS 744.700 to 744.740 744.702Third party administrator license; description of transacting business as third party administrator 744.704Exemptions from license requirement; rules 744.706Application for license 744.708Waiver of information requirement 744.710Issuance or denial of license 744.712Expiration and renewal of license; rules for renewal 744.714Registration of persons exempt from licensure 744.716Notification of change in ownership or control 744.718Suspension, revocation or refusal of issuance or renewal of license 744.720Agreement between insurer and third party administrator 744.722Relationship of insurer and third party administrator regarding payments 744.724Books and records 744.726Errors and omissions insurance; rules 744.728Advertising 744.730Disposition of charges and premiums 744.732Contingent fee agreements 744.734Notice to insureds regarding third party administrator 744.736Delivery from insurer to insured 744.738Annual report 744.740Responsibility of insurer using third party administrator 744.800Qualifications for reinsurance intermediary brokers and managers 744.802Exemptions from application of requirements for reinsurance intermediary brokers and managers 744.804Conditions under which reinsurance intermediary broker and insurer may enter into transactions 744.806Records required to be kept by reinsurance intermediary brokers 744.808Prohibition on use of unlicensed reinsurance intermediary broker; requirement that insurer obtain financial statement of reinsurance intermediary broker 744.810Conditions under which reinsurance intermediary manager and reinsurer may enter into transactions 744.812Prohibitions on actions of reinsurance intermediary managers 744.814Prohibition on use of unlicensed reinsurance intermediary manager; requirement that reinsurer obtain financial statement of reinsurance intermediary manager and opinion of actuary 744.816Director access to books, accounts and records 744.818Errors and omissions insurance for reinsurance intermediary manager; rules 744.820Director authority if reinsurance intermediary broker or manager violates provisions of ORS 744.800 to 744.818 744.850Definitions for ORS 744.850 to 744.858 744.852Limited license for rental companies; application; rules 744.854Kinds of insurance authorized by limited license 744.856Conditions for offer or sale of insurance; training; filing officer 744.858Revocation or suspension of limited license; other penalties; application of Insurance Code; rules 744.860Definitions for ORS 744.860 to 744.870 744.862Limited license to sell insurance; exemption; application; disclosures required; conditions on license 744.864Permissible sales; required notices and disclosures; evidence of coverage; prohibition on representing owner as insurer 744.866Training program; approval of training materials; certification of training; auditing 744.868License suspension and revocation or other penalty; rules 744.870Compensation, bonuses and incentives 744.872Rules 744.990[Repealed by 1967 c.359 §704] 744.991Criminal penalties; restitution 744.992Civil penalties; civil actions; rescission of life settlement contracts 744.994Effect of license expiration or surrender on director’s investigation or disciplinary proceedings

Chapter 744 — Insurance Producers; Life Settlement Providers, Brokers and Contracts; Adjusters; Consultants; Third Party Administrators; Reinsurance Intermediaries; Limited Licenses INSURANCE PRODUCERS 744.093 Solicitation or sale of insurance policy by retail insurance producer or wholesale in-

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.

(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 deferred commissions may be paid to a person for selling, soliciting or negotiating insurance in this state if the person was required to be licensed as an insurance producer at the time of the

sale, solicitation or negotiation and was then so licensed.

(4)

An insurer or insurance producer may pay or assign commissions, service fees, brokerages or other valuable consideration to an insurance agency or to persons who do not sell, solicit or negotiate insurance in this state, except when the payment or assignment would violate ORS 746.045 or 746.055.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.