ORS Chapter 746

Chapter 746 — TradePractices

2009 EDITION

TRADEPRACTICES

INSURANCE

GENERALPROVISIONS

746.005 Tradepractices exempted from prohibitions

746.015 Discrimination;noncompliance; hearing

746.018 Discriminationin issuance of burglary, theft, robbery or casualty policies prohibited

746.025 Securitiesor other contracts as inducement to insurance

746.035 Inducementsnot specified in policy

746.045 Rebates

746.055 Titleinsurance commissions, rebates and discounts

746.065 Personalor controlled insurance

746.075 Misrepresentationgenerally

746.085 Regulatingreplacement of life insurance; compensation of insurance producers; rules

746.100 Misrepresentationin insurance applications or transactions

746.110 False,deceptive or misleading statements

746.115 Advertisementsin languages other than English

746.120 Illegaldealing in premiums

746.125 Limitationon coverage of eye care services

746.130 Insuranceconnected to sale or rental of property; prohibition; exceptions; charges

746.135 Genetictests and information; rules

746.140 Saleof life insurance with securities; written proposal; application of securitieslaw

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

746.147 Workers’compensation insurance; quoting premiums

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

746.155 Applicabilityof ORS 746.145 and 746.150

746.160 Practicesinjurious to free competition

746.195 Insuranceon property securing loan or credit; certain practices by depositoryinstitutions prohibited

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

746.213 Definitionsfor ORS 746.213 to 746.219

746.215 Regulationof depository institutions with regard to insurance sales or solicitations

746.217 Disclosuresto customers

746.219 Investigatorypowers

746.220 Debtor’soption in furnishing credit life or credit health insurance

746.222 Prohibitionon referral of individual to Medical Insurance Pool

746.230 Unfairclaim settlement practices

746.240 Undefinedtrade practices injurious to public prohibited

746.260 Drivingrecord not to be considered in issuance of motor vehicle insurance

746.265 Purposesfor which abstract of nonemployment driving record may be considered

746.270 Useof past investment or predicted future investment experience in sale ofvariable life insurance policies

746.275 Definitionsfor ORS 746.275 to 746.300

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

746.285 Noticeof prohibition in motor vehicle repair shops; size; location

746.287 Insurerrequirement of installation of aftermarket crash part in vehicle

746.289 Insureroffer of crash part warranty

746.290 Noticeof prohibition in policies and by adjusters

746.292 Motorvehicle repair shops; invoices; estimates; warranties; prohibited practices

746.295 Proofand amount of loss under motor vehicle liability policies; determination byinsurer

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

746.305 Rules

746.308 Violationof provisions regarding totaled vehicles as violation of Insurance Code

UNAUTHORIZEDINSURANCE

746.310 Representingor aiding unauthorized insurer prohibited; insurance producer liable to insured

746.320 Serviceof process equivalent to personal service on unauthorized foreign or alieninsurer

746.330 Judgmentby default after service of process under ORS 746.320

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

746.350 Attorneyfee allowable to prevailing party

746.360 Exceptionsto application of unauthorized insurer service of process law

746.370 Recordsof insureds

PREMIUMFINANCING

746.405 Definitionsfor ORS 746.405 to 746.530

746.422 Inquiriesfrom director to premium finance company

746.425 Applicabilityof ORS 746.405 to 746.530

746.465 Recordsrequired of premium finance companies; form; inspection

746.470 Prohibitionagainst interfering with premium financing recommendation

746.475 Premiumfinance agreements; contents; form; delivery; notice to insurer

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

746.495 Delinquencycharges regulated

746.505 Cancellationof policy by premium finance company; notice required; effective date ofcancellation

746.515 Returnof unearned premiums on cancellation

746.525 Agreementeffective as security interest

746.530 Attorneyfees

USEAND DISCLOSURE OF INSURANCE INFORMATION

746.600 Definitionsfor ORS 746.600 to 746.690

746.605 Purpose

746.606 Informationprivacy standards for health insurers

746.607 Useand disclosure of personal information

746.608 Rules

746.609 Exemptionsfor health insurers

746.610 Applicationof ORS 746.600 to 746.690

746.611 Personalrepresentative of deceased person

746.612 Noright of action

746.615 Pretextinterviews prohibited

746.620 Noticeof insurance information practices; rules

746.625 Marketingand research surveys

746.630 Authorizationfor disclosure of certain information; forms; revocation

746.632 Geneticinformation used for treatment; authorization; disclosure

746.635 Investigativeconsumer reports

746.640 Accessto recorded personal information

746.645 Correction,amendment or deletion of recorded personal information

746.650 Reasonsfor adverse underwriting decisions

746.655 Informationconcerning previous adverse underwriting decisions

746.660 Basingadverse underwriting decision on previous adverse decision

746.661 Useof credit history or insurance score

746.662 Filingof insurance scoring models

746.663 Cancellationor nonrenewal of personal insurance policies based on credit history or insurancescore

746.665 Limitationsand conditions on disclosure of certain information

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

746.670 Investigatorypowers

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

746.680 Remedies