There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 16, Chapters 705 - 752
ORS Chapter 731
- 731.004 Short title.
- 731.008 Purpose of Insurance Code.
- 731.010 [Repealed by 1965 c.241 3]
- 731.012 Effect of federal law.
- 731.016 Construction of Insurance Code.
- 731.020 [Repealed by 1965 c.241 3] APPLICATION OF INSURANCE CODE
- 731.022 Compliance with Insurance Code required.
- 731.026 Application of Insurance Code to particular insurers.
- 731.028 Applicability of certain Insurance Code provisions to State Accident Insurance Fund Corporation.
- 731.030 [Repealed by 1965 c.241 3]
- 731.032 [1967 c.359 7; 1971 c.69 1; 1971 c.538 1; 1979 c.848 1; 1993 c.265 3; repealed by 2003 c.802 173]
- 731.036 Persons completely exempt from application of Insurance Code.
- 731.038 Application of Insurance Code to charitable organizations that issue charitable gift annuities.
- Note: 731.038 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
- 731.039 Requirements for certain educational institutions or nonprofit corporations issuing charitable gift annuities.
- Note: 731.039 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 731 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 731.040 [Repealed by 1965 c.241 3]
- 731.042 Certificate of exemption; application of certain Insurance Code provisions to exempt insurers.
- 731.046 Exemption of policies from Securities Law.
- 731.050 [Repealed by 1965 c.241 3] DEFINITIONS GENERALLY
- 731.052 Insurance Code definitions.
- 731.056 Action.
- 731.060 [Repealed by 1965 c.241 3]
- 731.062 [1967 c.359 13; 1991 c.810 1; 2001 c.191 20; 2003 c.364 1; renumbered 731.104 in 2003]
- 731.066 Authorized, unauthorized insurer.
- 731.069 Certificate, certificate holder.
- 731.070 [Repealed by 1965 c.241 3]
- 731.072 Certificate of authority, license.
- 731.074 Commercial liability insurance.
- Note: 731.074 was added to and made a part of the Insurance Code but was not added to ORS chapter 731 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 731.075 Covered life.
- Note: 731.075 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
- 731.076 Department, director.
- 731.080 [Repealed by 1965 c.241 3]
- 731.082 Domestic, foreign, alien insurer.
- 731.086 Domestic risk.
- 731.090 [Repealed by 1965 c.241 3]
- 731.092 Domicile.
- 731.096 Domicile of alien insurer.
- 731.099 Independently procured insurance.
- Note: 731.099 was added to and made a part of ORS chapter 731 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 731.100 [Repealed by 1965 c.241 3]
- 731.102 Insurance.
- 731.104 Insurance producer.
- 731.106 Insurer.
- 731.110 [Repealed by 1965 c.241 3]
- 731.112 Judgment.
- 731.116 Person.
- 731.120 [Repealed by 1965 c.241 3]
- 731.122 Policy.
- 731.126 Reinsurance.
- 731.130 [Repealed by 1965 c.241 3]
- 731.132 Required capitalization.
- 731.136 State.
- 731.140 [Repealed by 1965 c.241 3]
- 731.142 Stock, mutual and reciprocal insurer.
- 731.144 Surplus lines insurance.
- Note: 731.144 was added to and made a part of ORS chapter 731 but was not added to any smaller series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 731.146 Transact insurance.
- Note: The amendments to 731.146 by section 6, chapter 752, Oregon Laws 2007, become operative January 2, 2014. See section 13, chapter 752, Oregon Laws 2007, as amended by section 4, chapter 81, Oregon Laws 2010, and section 10, chapter 500, Oregon Laws 2011. The text that is operative on and after January 2, 2014, is set forth for the user s convenience.
- 731.146. (1) Transact insurance means one or more of the following acts effected by mail or otherwise: (a) Making or proposing to make an insurance contract. (b) Taking or receiving any application for insurance. (c) Receiving or collecting any premium, commission, membership fee, assessment, due or other consideration for any insurance or any part thereof. (d) Issuing or delivering policies of insurance. (e) Directly or indirectly acting as an insurance producer for, or otherwise representing or aiding on behalf of another, any person in the solicitation, negotiation, procurement or effectuation of insurance or renewals thereof, the dissemination of information as to coverage or rates, the forwarding of applications, the delivering of policies, the inspection of risks, the fixing of rates, the investigation or adjustment of claims or losses, the transaction of matters subsequent to effectuation of the policy and arising out of it, or in any other manner representing or assisting a person with respect to insurance. (f) Advertising locally or circularizing therein without regard for the source of such circularization, whenever such advertising or circularization is for the purpose of solicitation of insurance business. (g) Doing any other kind of business specifically recognized as constituting the doing of an insurance business within the meaning of the Insurance Code. (h) Doing or proposing to do any insurance business in substance equivalent to any of paragraphs (a) to (g) of this subsection in a manner designed to evade the provisions of the Insurance Code. (2) Subsection (1) of this section does not include, apply to or affect the following: (a) Making investments within a state by an insurer not admitted or authorized to do business within such state. (b) Except as provided in ORS 743.015, doing or proposing to do any insurance business arising out of a policy of group life insurance or group health insurance, or both, or a policy of blanket health insurance, if the master policy was validly issued to cover a group organized primarily for purposes other than the procurement of insurance and was delivered in and pursuant to the laws of another state in which: (A) The insurer was authorized to do an insurance business; (B) The policyholder is domiciled or otherwise has a bona fide situs; and (C) With respect to a policy of blanket health insurance, the policy was approved by the director of such state. (c) Investigating, settling, or litigating claims under policies lawfully written within a state, or liquidating assets and liabilities, all resulting from the insurer s former authorized operations within such state. (d) Transactions within a state under a policy subsequent to its issuance if the policy was lawfully solicited, written and delivered outside the state and did not cover a subject of insurance resident, located or to be performed in the state when issued. (e) The continuation and servicing of life or health insurance policies remaining in force on residents of a state if the insurer has withdrawn from such state and is not transacting new insurance therein. (3) If mail is used, an act shall be deemed to take place at the point where the matter transmitted by mail is delivered and takes effect. CLASSES OF INSURANCE DEFINED
- 731.150 Definitions of classes of insurance not mutually exclusive.
- 731.154 Annuity.
- 731.156 Variable life insurance ; variable annuity.
- 731.158 Casualty insurance.
- 731.162 Health insurance.
- 731.164 Home protection insurance, home protection insurer.
- 731.166 Industrial life insurance.
- 731.170 Life insurance ; includes annuities.
- 731.174 Marine and transportation insurance.
- 731.178 Mortgage insurance.
- 731.182 Property insurance.
- 731.186 Surety insurance.
- 731.190 Title insurance.
- 731.194 Wet marine and transportation insurance.
- 731.204 [Formerly 736.495; repealed by 1987 c.373 85]
- 731.208 [Formerly 736.500; repealed by 1987 c.373 85]
- 731.212 [1967 c.359 46; repealed by 1987 c.373 85] INSURANCE ADMINISTRATION
- 731.216 Administrative power of director.
- 731.220 [Formerly 736.507; repealed by 1987 c.373 85]
- 731.224 [1967 c.359 49; repealed by 1987 c.373 85]
- 731.228 Prohibited interests and rewards.
- 731.232 Subpoena power.
- 731.236 General powers and duties.
- 731.240 Hearings in general.
- 731.244 Rules.
- 731.248 Orders.
- 731.252 Cease and desist orders.
- 731.256 Enforcement generally.
- 731.258 Enforcement of orders and decisions by Attorney General; filing, enforcement and effect of foreign decrees.
- 731.260 False or misleading filings.
- 731.264 Complaints and investigations confidential; permitted disclosures; rules.
- 731.268 Use of reproductions and certified copies as evidence; fee.
- 731.272 Director s annual reports; notice of publication of report.
- 731.276 Recommendations for changes in Insurance Code.
- 731.280 Publications authorized.
- 731.282 Authority to sell publications.
- 731.284 Distribution of insurance laws.
- 731.288 Recording complaints; director to consider complaints before issuing licenses.
- 731.292 Disposition of fees, charges, taxes, penalties and other moneys.
- 731.296 Director s inquiries.
- 731.300 Examination of insurers; when required.
- 731.302 Appointment of examiners; retaining of appraisers, actuaries and others; evidentiary status of facts and conclusions.
- 731.304 Investigation of persons transacting insurance.
- 731.308 Procedure at examination or investigation; production of books and other records.
- 731.312 Report of examination; review by person examined; hearing; confidentiality of certain information and documents; permitted disclosures.
- 731.314 Immunity for director, examiner and others.
- 731.316 Expenses of examination of insurer.
- 731.324 Service of process on Secretary of State; notice to unauthorized insurer.
- 731.328 Deposits by unauthorized insurers in actions or proceedings.
- 731.354 Certificate of authority required.
- 731.356 Unauthorized insurance transaction enforcement.
- 731.358 Requirements of domestic insurers generally.
- 731.362 Requirements of foreign or alien insurers generally.
- 731.363 Authorized foreign insurer becoming domestic insurer.
- 731.364 Domestic insurer transferring domicile to another state.
- 731.365 Effect of transfer of domicile by domestic or foreign insurer; notice to director by transferring insurer.
- 731.366 [Formerly 749.040; 1971 c.231 42; 1977 c.651 1; 1993 c.709 4; renumbered 731.369 in 1995]
- 731.367 Transfer of domicile by unincorporated authorized foreign insurer.
- 731.369 Requirements of reciprocal insurers generally.
- 731.370 Reciprocal insurer s financial statement; service of process.
- 731.371 Powers of reciprocal insurer regarding real estate.
- Note: 731.371 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
- 731.374 Exemptions to certificate of authority requirement.
- 731.378 Foreign and alien insurers exempt from laws governing admission of foreign and alien corporations.
- 731.380 Authority of foreign and alien insurers to take, acquire, hold and enforce notes secured by mortgages; statement; fees.
- 731.381 Exemption from taxes for foreign and alien insurers engaging in activities authorized by ORS 731.380.
- 731.382 General eligibility for certificate of authority.
- 731.385 Standards for determining whether continued operation of insurer is hazardous; rules; order; hearing.
- 731.386 Management of insurers.
- 731.390 Government insurers not to be authorized.
- 731.394 Combinations of insuring powers in one insurer.
- 731.396 Certificate of authority and good financial condition required to issue variable life insurance or variable annuity policies.
- 731.398 Amendment of certificate of authority.
- 731.402 Issuance or refusal of certificate of authority.
- 731.406 What certificate evidences; ownership of certificate.
- 731.410 Continuance, expiration or reinstatement of certificate of authority.
- 731.414 Suspension or revocation of certificate of authority; mandatory grounds.
- 731.418 Grounds for suspension or revocation of certificate of authority.
- 731.422 Order of suspension, revocation or refusal; effect upon insurance producers authority.
- 731.426 Duration of suspension; insurer s obligations during suspension period; reinstatement.
- 731.428 Written consent to engage or participate in business of insurance; rules.
- Note: 731.428 was added to and made a part of ORS chapter 731 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 731.430 Name of insurer.
- 731.434 Registered office and agent.
- 731.438 Title plant requirement for title insurers; posting of indexes; plant ownership and maintenance.
- 731.439 Satisfaction of requirements of ORS 731.438 (1) by certain title plants.
- 731.442 Prohibition on transacting life insurance business on mutual assessment plan.
- 731.446 Policyholder deposits.
- 731.450 Unrelated business prohibited; exceptions; title insurer as escrow agent.
- 731.454 Domestic insurers not to transact business in jurisdiction where not authorized.
- 731.458 Exchange of reciprocal or interinsurance contracts.
- 731.462 Nonassessable policies of reciprocal insurer.
- 731.466 Power of attorney for reciprocal insurer.
- 731.470 Attorney for reciprocal insurer.
- 731.475 Records storage required of workers compensation insurers; examination and audit of records.
- 731.480 Workers compensation policies; conditions for issuing.
- 731.482 Withdrawal from, failure to renew or cancellation of line by commercial liability insurer.
- 731.484 Prohibition on certain sales related to group health and group life insurance.
- Note: The amendments to 731.484 by section 7, chapter 752, Oregon Laws 2007, become operative January 2, 2014. See section 13, chapter 752, Oregon Laws 2007, as amended by section 4, chapter 81, Oregon Laws 2010, and section 10, chapter 500, Oregon Laws 2011. The text that is operative on and after January 2, 2014, is set forth for the user s convenience.
- 731.484. (1) No insurer or insurance producer selling a policy of group life insurance or group health insurance subject to the exemption in ORS 731.146 (2)(b) is authorized to sell membership in a group for the purpose of qualifying an applicant who is an individual for the insurance. (2) No insurer or insurance producer selling membership in a group is authorized to offer a policy of group life insurance or group health insurance subject to the exemption in ORS 731.146 (2)(b) for the purpose of selling membership in the group.
- 731.485 Conditions under which insurer may limit insured s choice of drug outlets and pharmacies.
- 731.486 Exemption from definition of transact insurance for group life policies; master group health insurance coverage; rules.
- Note: The amendments to 731.486 by section 8, chapter 752, Oregon Laws 2007, become operative January 2, 2014. See section 13, chapter 752, Oregon Laws 2007, as amended by section 4, chapter 81, Oregon Laws 2010, and section 10, chapter 500, Oregon Laws 2011. The text that is operative on and after January 2, 2014, is set forth for the user s convenience.
- 731.486. (1) The exemption in ORS 731.146 (2)(b) does not apply to an insurer that offers coverage under a group health insurance policy or a group life insurance policy in this state unless the Director of the Department of Consumer and Business Services determines that the exemption applies. (2) The insurer shall submit evidence to the director that the exemption applies. When a master policy is delivered or issued for delivery outside this state to trustees of a fund for two or more employers, for one or more labor unions, for one or more employers and one or more labor unions or for an association, the insurer shall also submit evidence showing compliance with: (a) ORS 743.526, for a policy of group health insurance; or (b) ORS 743.354, for a policy of group life insurance. (3) The director shall review the evidence submitted and may request additional evidence as needed. (4) An insurer shall submit to the director any changes in the evidence submitted under subsection (2) of this section. (5) The director may order an insurer to cease offering a policy or coverage under a policy if the director determines that the exemption under ORS 731.146 (2)(b) is no longer satisfied. (6) Coverage under a master group life or health insurance policy delivered or issued for delivery outside this state that does not qualify for the exemption in ORS 731.146 (2)(b) may be offered in this state if the director determines that the state in which the policy was delivered or issued for delivery has requirements that are substantially similar to those established under ORS 743.360 or 743.522 (2) and that the policy satisfies those requirements. (7) This section does not apply to any master policy issued to a multistate employer or labor union. (8) The director may adopt rules to carry out this section.
- 731.488 Annual audit of insurer; rules.
- 731.490 [1987 c.774 52; repealed by 1997 c.131 1]
- 731.493 [1987 c.774 53; repealed by 1997 c.131 1]
- 731.496 [1987 c.774 54; repealed by 1997 c.131 1]
- 731.498 [1987 c.774 58; repealed by 1997 c.131 1]
- 731.500 [1987 c.774 59; repealed by 1997 c.131 1] LIMIT OF RISK; REINSURANCE
- 731.504 Limit of risk.
- 731.508 Approved reinsurance.
- 731.509 Legislative intent; criteria for allowing credit for reinsurance.
- 731.510 Criteria for allowing reduction from liability for reinsurance.
- 731.511 Criteria to be met by assuming insurer in order to be accredited as reinsurer.
- 731.512 Withdrawal of insurer; reinsurance.
- 731.516 Mortgage insurance limitation; waiver of limitation; rules; fees.
- 731.554 Capital and surplus requirements.
- 731.558 [1967 c.359 107; repealed by 1993 c.447 122]
- 731.562 Title insurer capital and surplus requirements.
- 731.566 Reciprocal insurer surplus requirements.
- 731.568 [1993 c.709 2; repealed by 2001 c.318 4]
- 731.570 Withdrawing advancements made to reciprocal insurer.
- 731.574 Annual financial statement.
- 731.590 Insurer defined for ORS 731.592 and 731.594.
- Note: 731.590 to 731.594 were added to and made a part of the Insurance Code by legislative action but were not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
- 731.592 Reporting criminal conduct involving insurance.
- Note: See note under 731.590.
- 731.594 Immunity from civil liability.
- Note: See note under 731.590. DEPOSITS
- 731.604 Acceptance of deposits of insurers.
- 731.608 Purpose of deposit.
- 731.612 Rights of insurer regarding deposits.
- 731.616 Valuation of deposits; deficiencies.
- 731.620 Assignment of deposited securities.
- 731.624 Special deposits; foreign and alien insurers.
- 731.628 Deposit required of workers compensation insurers.
- 731.632 Deposit required of domestic reciprocal insurers; exception.
- 731.636 Deposit or trusteed assets of alien insurer required.
- 731.640 Eligible deposits; rules.
- 731.642 Contracts for security deposits.
- 731.644 Payment of losses out of deposits, generally.
- 731.648 Duration and release of deposit.
- 731.652 Proofs for release of deposit to insurers; director s responsibility.
- 731.704 [Formerly 128.820; 1971 c.425 2; 1975 c.699 1; 1983 c.740 253; 1989 c.326 1; 1989 c.413 4; 1991 c.189 1; 1991 c.190 1; 1993 c.53 1; 1997 c.735 1; repealed by 2005 c.31 4]
- 731.708 [Formerly 128.830; 1995 c.639 2a; repealed by 2005 c.31 4]
- 731.712 [1967 c.359 127; 1971 c.425 3; 1989 c.784 15; repealed by 2005 c.31 4]
- 731.716 [Formerly 128.850; 1971 c.425 4; repealed by 2005 c.31 4]
- 731.720 [Formerly 128.860; 1971 c.425 5; 1993 c.377 2; 1995 c.639 2; 1997 c.131 2; repealed by 2005 c.31 4]
- 731.724 [Formerly 128.880; 1971 c.425 6; repealed by 2005 c.31 4] EXCHANGE OF INFORMATION BY REGULATORS
- 731.730 Insurer filings with National Association of Insurance Commissioners.
- 731.731 Immunity for certain persons dealing with information collected from filings under ORS 731.730.
- 731.735 Certain information confidential.
- 731.737 Immunity from liability for certain persons filing reports or furnishing information about specified activities to specified persons.
- 731.740 [1995 c.638 5a; repealed by 2001 c.377 59] CONFIDENTIALITY OF REPORTS
- 731.750 Confidentiality of report of material acquisitions or dispositions of assets, material nonrenewals, cancellations and revisions of ceded reinsurance agreements.
- 731.752 Confidentiality of report used for determination of required amount of capital or surplus; confidentiality of financial plan of action and report of examination connected with plan.
- 731.754 Permissible uses of reports and plans described in ORS 731.752.
- 731.760 Definitions for ORS 731.760 to 731.770.
- 731.761 Privileged information.
- 731.762 Authority of director.
- 731.764 Waiver of privilege; permitted disclosures.
- 731.766 Petition for in camera hearing; hearing; compelled disclosure.
- 731.768 Privilege; exceptions.
- 731.770 Other privileges or limitations pertaining to audit document.
- 731.804 Assessments; rules; fees; how determined.
- 731.808 Gross amount of premiums defined.
- 731.812 Foreign and alien insurer s report of Oregon business.
- 731.816 [1967 c.359 134; 1971 c.560 1; 1989 c.700 5; repealed by 1995 c.786 1]
- 731.820 Gross premium tax on fire insurance premiums.
- 731.822 Prepayment of tax due.
- 731.824 Tax on underwriting profits of wet marine and transportation insurers.
- 731.828 Computation of wet marine and transportation insurance tax.
- 731.832 [Formerly 736.175; 1987 c.373 82; repealed by 1995 c.786 4]
- 731.836 Limitation on enforcement of insurer s tax obligations.
- 731.840 Retaliatory or corporate excise tax in lieu of certain taxes; certain local taxes prohibited.
- 731.841 Conditions under which local authority to tax insurer is preempted.
- Note: 731.841 was added to and made a part of ORS chapter 731 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 731.842 Adjustment of amount to be prepaid for taxes; extension of time for payment; interest; penalty for late payment.
- 731.844 No personal liability for paying invalid tax.
- 731.854 Retaliatory tax.
- 731.858 [Formerly 736.245; repealed by 1969 c.158 2 (731.859 enacted in lieu of 731.858)]
- 731.859 Applicability of retaliatory provisions.
- 731.870 State of emergency; effect upon insurance policies; rules.
- Note: 731.870 was added to and made a part of the Insurance Code by legislative action but was not added to ORS chapter 731 or any series therein. See Preface to Oregon Revised Statutes for further explanation. PENALTIES
- 731.988 Civil penalties.
- 731.990 [Repealed by 1965 c.241 3]
- 731.992 Criminal penalty.
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