2021 Oregon Revised Statutes
Chapter 744 - Insurance Producers; Life Settlement Providers, Brokers and Contracts; Adjusters; Consultants; Third Party Administrators; Reinsurance Intermediaries; Limited Licenses
Section 744.341 - Terms of contract.


(2) A life settlement provider shall not use a life settlement contract form or provide to an owner a disclosure statement form in this state unless the life settlement provider has filed the form with the Director of the Department of Consumer and Business Services and the director has approved the form. The director shall disapprove a life settlement contract form if, in the director’s opinion, the contract or any provision of the contract is unreasonable, contrary to the interests of the public, otherwise misleading or unfair to the policyholder or certificate holder or in violation of any of the requirements of ORS 744.318 to 744.384, 744.991 and 744.992.
(3) Each life settlement contract entered into in this state must contain a provision enabling the policyholder or certificate holder to rescind the contract not later than the 60th day after the date on which the contract is executed by all parties or not later than the 30th day after the policyholder or certificate holder receives the life settlement proceeds, whichever is the lesser period. In order to rescind such a contract, a policyholder or certificate holder who has received the proceeds must return them to the life settlement provider. [1995 c.342 §11; 2009 c.711 §8]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 18 - Financial Institutions, Insurance

Chapter 744 - Insurance Producers; Life Settlement Providers, Brokers and Contracts; Adjusters; Consultants; Third Party Administrators; Reinsurance Intermediaries; Limited Licenses

Section 744.052 - Definitions for ORS 744.052 to 744.089.

Section 744.056 - Exemptions from insurance producer licensing requirements.

Section 744.058 - Written examination; fees; rules.

Section 744.059 - Qualifications for license; use of uniform application.

Section 744.061 - Banking institution as insurance producer.

Section 744.062 - Issuance of insurance producer license; rules.

Section 744.063 - Nonresident insurance producer license; fee.

Section 744.064 - Persons licensed elsewhere.

Section 744.067 - Exemptions from prelicensing education or examination requirement.

Section 744.068 - Required notifications; maintenance of usual and customary records; rules.

Section 744.072 - Renewal or reinstatement of insurance producer license; continuing education; rules.

Section 744.073 - Temporary insurance producer license.

Section 744.074 - Authority of director to place licensee on probation or to suspend, revoke or refuse to issue or renew license.

Section 744.076 - Payment of commission, service fee or brokerage.

Section 744.077 - Conditions under which person licensed as insurance producer and consultant may accept commission or fee; rules.

Section 744.078 - Appointment of insurance producers; rules.

Section 744.079 - Termination of relationship with insurance producer.

Section 744.081 - Termination of appointment.

Section 744.083 - Trust account for premium funds; commingling; exceptions; rules.

Section 744.084 - Certificate of deposit in lieu of trust account; rules.

Section 744.088 - Training requirements to be licensed as insurance producer for long term care insurance.

Section 744.089 - Report of administrative action taken against insurance producer.

Section 744.091 - Additional conditions under which person licensed as insurer or insurance producer may charge commission or service fee; rules.

Section 744.093 - Solicitation or sale of insurance policy by retail insurance producer or wholesale insurance producer; rules.

Section 744.101 - Definitions.

Section 744.104 - Travel insurance through travel retailers; direction by limited travel insurance producers; requirements and restrictions; designated employees.

Section 744.107 - Violations; revocation of authorization.

Section 744.111 - Rules.

Section 744.300 - License and indorsement; managing general agent described.

Section 744.301 - Exemptions from license requirement.

Section 744.303 - Certificate of errors and omissions insurance; rules.

Section 744.306 - Contract between insurer and managing general agent.

Section 744.308 - Limitations on authority of insurer and managing general agent.

Section 744.313 - Financial examination; loss reserves; notification of appointment and termination; acts of managing general agent attributed to insurer.

Section 744.318 - Definitions for ORS 744.318 to 744.384.

Section 744.321 - Life settlement providers.

Section 744.323 - Life settlement brokers.

Section 744.326 - License application; fee.

Section 744.328 - Issuance of license.

Section 744.331 - Expiration of license; rules for renewal.

Section 744.333 - Individual acting as provider under license of firm or corporation.

Section 744.338 - Suspension, revocation, refusal to issue or renew license.

Section 744.341 - Terms of contract.

Section 744.343 - Annual report and statement by provider; restrictions on disclosure of information; rules.

Section 744.346 - Examination of business and practices of licensee or applicant; records.

Section 744.354 - Disclosure by life settlement provider, broker or investment agent to policy owner.

Section 744.362 - Disclosure by insurance company to policy owner; rules.

Section 744.364 - Life settlement contract requirements.

Section 744.367 - Limitations on ability to enter life settlement contract; exceptions.

Section 744.369 - Unlawful life settlement contract actions.

Section 744.372 - Advertising of life settlement contracts; rules.

Section 744.374 - Enforcement of life settlement contract provisions; reporting of violations; required antifraud initiatives.

Section 744.382 - Prohibitions on finder’s fee, solicitations, discrimination.

Section 744.384 - Rules; standards.

Section 744.502 - Definitions.

Section 744.515 - Exemptions from adjuster licensing requirement.

Section 744.518 - License application; business entity as applicant; fees.

Section 744.521 - Powers of director to issue, renew, amend, suspend and reinstate licenses; license expiration; fees.

Section 744.523 - Conditions for licensing, renewing license for or amending license of business entity.

Section 744.525 - Resident adjuster qualifications; rules.

Section 744.528 - Nonresident adjuster qualifications; rules.

Section 744.531 - Classes of insurance for adjusters.

Section 744.538 - Change of circumstance of nonresident adjuster.

Section 744.555 - Temporary adjuster permit; rules.

Section 744.578 - Licensee’s place of business.

Section 744.581 - Notices required; rules.

Section 744.584 - Prohibited conduct; penalties and disciplinary action; hearings.

Section 744.602 - Definitions.

Section 744.605 - Insurance consultant’s license required.

Section 744.609 - Exemptions.

Section 744.611 - License application; business entity as applicant; fees.

Section 744.614 - Powers of director to issue, renew, amend, suspend and reinstate licenses; license expiration; fees.

Section 744.617 - Conditions for licensing, renewing license for or amending license of business entity.

Section 744.619 - Qualifications for resident insurance consultant’s license; rules.

Section 744.621 - Qualifications for nonresident insurance consultant’s license; rules.

Section 744.626 - Classes of insurance for consultants.

Section 744.631 - Change of circumstance of nonresident insurance consultant.

Section 744.635 - Errors and omissions insurance; rules.

Section 744.638 - Licensee’s place of business.

Section 744.641 - Notices required; rules.

Section 744.644 - Prohibited conduct; penalties and disciplinary action; hearings.

Section 744.650 - Disclosure by insurance consultants; rules.

Section 744.700 - Definitions for ORS 744.700 to 744.740.

Section 744.702 - Third party administrator license; description of transacting business as third party administrator.

Section 744.704 - Exemptions from license requirement; rules.

Section 744.706 - Application for license.

Section 744.710 - Issuance or denial of license.

Section 744.712 - Expiration and renewal of license; rules for renewal.

Section 744.718 - Suspension, revocation or refusal of issuance or renewal of license.

Section 744.720 - Agreement between insurer and third party administrator.

Section 744.722 - Relationship of insurer and third party administrator regarding payments.

Section 744.724 - Books and records.

Section 744.726 - Errors and omissions insurance; rules.

Section 744.730 - Disposition of charges and premiums.

Section 744.732 - Contingent fee agreements.

Section 744.734 - Notice to insureds regarding third party administrator.

Section 744.738 - Annual report.

Section 744.740 - Responsibility of insurer using third party administrator.

Section 744.800 - Qualifications for reinsurance intermediary brokers and managers.

Section 744.802 - Exemptions from application of requirements for reinsurance intermediary brokers and managers.

Section 744.804 - Conditions under which reinsurance intermediary broker and insurer may enter into transactions.

Section 744.806 - Records required to be kept by reinsurance intermediary brokers.

Section 744.808 - Prohibition on use of unlicensed reinsurance intermediary broker; requirement that insurer obtain financial statement of reinsurance intermediary broker.

Section 744.810 - Conditions under which reinsurance intermediary manager and reinsurer may enter into transactions.

Section 744.812 - Prohibitions on actions of reinsurance intermediary managers.

Section 744.814 - Prohibition on use of unlicensed reinsurance intermediary manager; requirement that reinsurer obtain financial statement of reinsurance intermediary manager and opinion of actuary.

Section 744.816 - Director access to books, accounts and records.

Section 744.818 - Errors and omissions insurance for reinsurance intermediary manager; rules.

Section 744.850 - Definitions for ORS 744.850 to 744.858.

Section 744.852 - Limited license for rental companies; application; rules.

Section 744.854 - Kinds of insurance authorized by limited license.

Section 744.856 - Conditions for offer or sale of insurance; training; filing officer.

Section 744.858 - Revocation or suspension of limited license; other penalties; application of Insurance Code; rules.

Section 744.860 - Definitions for ORS 744.860 to 744.870.

Section 744.862 - Limited license to sell insurance; exemption; application; disclosures required; conditions on license.

Section 744.864 - Permissible sales; required notices and disclosures; evidence of coverage; prohibition on representing owner as insurer.

Section 744.866 - Training program; approval of training materials; certification of training; auditing.

Section 744.868 - License suspension and revocation or other penalty; rules.

Section 744.870 - Compensation, bonuses and incentives.

Section 744.991 - Criminal penalties; restitution.

Section 744.992 - Civil penalties; civil actions; rescission of life settlement contracts.

Section 744.994 - Effect of license expiration or surrender on director’s investigation or disciplinary proceedings.