Oregon Law
Law as of Jan 1, 2024
Chapter contents
746.005Trade practices exempted from prohibitions 746.010[Amended by 1961 c.256 §1; 1967 c.359 §507; renumbered 743.702] 746.015Discrimination; noncompliance; hearing 746.018Discrimination in issuance of burglary, theft, robbery or casualty policies prohibited 746.020[Amended by 1965 c.610 §13; repealed by 1967 c.359 §704] 746.021Discrimination under health benefit plans 746.023Discrimination against living donors or body part donors with respect to life insurance, health insurance or long term care insurance 746.025Securities or other contracts as inducement to insurance 746.030[Amended by 1961 c.256 §2; 1967 c.359 §508; renumbered 743.705] 746.035Inducements not specified in policy 746.040[Amended by 1961 c.256 §3; repealed by 1967 c.359 §704] 746.045Prohibition on rebates; exceptions; rules 746.050[Amended by 1961 c.256 §4; repealed by 1967 c.359 §704] 746.055Title insurance commissions, rebates and discounts 746.060[Repealed by 1961 c.256 §5] 746.065Personal or controlled insurance 746.070[Repealed by 1961 c.256 §5] 746.075Misrepresentation generally 746.080[Amended by 1967 c.359 §509; renumbered 743.708] 746.085Regulating replacement of life insurance; compensation of insurance producers; rules 746.090[Repealed by 1967 c.359 §704] 746.100Misrepresentation in insurance applications or transactions 746.110False, deceptive or misleading statements 746.115Advertisements in languages other than English 746.120Illegal dealing in premiums 746.125Limitation on coverage of eye care services 746.130Insurance connected to sale or rental of property; prohibition; exceptions; charges 746.135Genetic tests and information; rules 746.137Reimbursement of private emergency responder’s actual expenses in emergency response 746.140Sale of life insurance with securities; written proposal; application of securities law 746.145Workers’ compensation insurance; combination of group of employers; purpose; conditions 746.147Workers’ compensation insurance; quoting premiums 746.150Other insurance; combination of experience of group of persons or risks; purpose; rules; conditions 746.155Applicability of ORS 746.145 and 746.150 746.160Practices injurious to free competition 746.170[Formerly 736.705; repealed by 1977 c.742 §9] 746.180[Formerly 736.715; repealed by 2003 c.363 §16] 746.182[1987 c.846 §18; 1989 c.701 §74; 1995 c.334 §5; 1997 c.831 §§6,6a; 2001 c.191 §57; 2001 c.377 §52; repealed by 2003 c.363 §16] 746.185[1977 c.742 §2; 1985 c.762 §189; 1997 c.631 §551; 2001 c.377 §52a; repealed by 2003 c.363 §16] 746.190[Formerly 736.725; repealed by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] 746.195Insurance on property securing loan or credit; certain practices by depository institutions prohibited 746.200[Formerly 736.735; repealed by 1977 c.742 §9] 746.201Depository institution to obtain required property insurance when borrower does not; notice required 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] 746.213Definitions for ORS 746.213 to 746.219 746.215Regulation of depository institutions with regard to insurance sales or solicitations 746.217Disclosures to customers 746.219Investigatory powers 746.220Debtor’s option in furnishing credit life or credit health insurance 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] 746.230Unfair claim settlement practices 746.233Unfair claim settlement practices with respect to prior authorizations of health care items or services 746.240Undefined trade practices injurious to public prohibited 746.250[1967 c.359 §590; repealed by 1973 c.281 §3] 746.260Driving record not to be considered in issuance of motor vehicle insurance 746.265Purposes for which abstract of nonemployment driving record may be considered 746.270Use of past investment or predicted future investment experience in sale of variable life insurance policies 746.275Definitions for ORS 746.275 to 746.300 746.280Designation of particular motor vehicle repair shop by insurer prohibited; notice; limitation of costs 746.285Notice of prohibition in motor vehicle repair shops; size; location 746.287Insurer requirement of installation of aftermarket crash part in vehicle 746.289Insurer offer of crash part warranty 746.290Notice of prohibition in policies and by adjusters 746.292Motor vehicle repair shops; invoices; estimates; warranties; prohibited practices 746.295Proof and amount of loss under motor vehicle liability policies; determination by insurer 746.300Liability of insurers and motor vehicle repair shops for damages; attorney fees 746.305Rules 746.307[1989 c.947 §4; renumbered 743.724 in 1991] 746.308Violation of provisions regarding totaled vehicles as violation of Insurance Code 746.310Representing or aiding unauthorized insurer prohibited; insurance producer liable to insured 746.320Service of process equivalent to personal service on unauthorized foreign or alien insurer 746.330Judgment by default after service of process under ORS 746.320 746.340Conditions to be met by defendant unauthorized insurer before filing motions or pleadings 746.350Attorney fee allowable to prevailing party 746.360Exceptions to application of unauthorized insurer service of process law 746.370Records of insureds 746.405Definitions for ORS 746.405 to 746.530 746.415[1969 c.639 §3; repealed by 1993 c.265 §14] 746.420[1989 c.700 §22; repealed by 1993 c.265 §14] 746.422Inquiries from director to premium finance company 746.425Applicability of ORS 746.405 to 746.530 746.435[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] 746.465Records required of premium finance companies; form; inspection 746.470Prohibition against interfering with premium financing recommendation 746.475Premium finance agreements; contents; form; delivery; notice to insurer 746.485Regulation of service charge for premium financing; method of computation; prepayment 746.495Delinquency charges regulated 746.505Cancellation of policy by premium finance company; notice required; effective date of cancellation 746.515Return of unearned premiums on cancellation 746.525Agreement effective as security interest 746.530Attorney fees 746.600Definitions for ORS 746.600 to 746.690 746.605Purpose 746.606Information privacy standards for health insurers 746.607Use and disclosure of personal information 746.608Rules 746.609Exemptions for health insurers 746.610Application of ORS 746.600 to 746.690 746.611Personal representative of deceased person 746.612No right of action 746.615Pretext interviews prohibited 746.620Notice of insurance information practices; exceptions; rules 746.625Marketing and research surveys 746.630Authorization for disclosure of certain information; forms; revocation 746.632Genetic information used for treatment; authorization; disclosure 746.635Investigative consumer reports 746.640Access to recorded personal information 746.645Correction, amendment or deletion of recorded personal information 746.650Reasons for adverse underwriting decisions 746.655Information concerning previous adverse underwriting decisions 746.660Basing adverse underwriting decision on previous adverse decision 746.661Use of credit history or insurance score 746.662Filing of insurance scoring models 746.663Cancellation or nonrenewal of personal insurance policies based on credit history or insurance score 746.665Limitations and conditions on disclosure of certain information 746.668Relationship of ORS 746.620, 746.630 and 746.665 to federal Fair Credit Reporting Act 746.670Investigatory powers 746.675Service of process on out-of-state insurance-support organizations 746.680Remedies 746.685Liability for disclosure of information 746.686Use of prior claim or inquiry in determination to issue or renew homeowner insurance policy; rules 746.687Cancellation of homeowner insurance policy 746.688Use of loss history reports; notice to consumer 746.690Obtaining information under false pretenses prohibited 746.990[Repealed by 1967 c.359 §704] 746.991Penalties

Chapter 746 — Trade Practices

ORS 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 746.275.

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.