2021 Oregon Revised Statutes
Chapter 746 - Trade Practices
Section 746.065 - Personal or controlled insurance.


(a) The spouse of the insurance producer, the employer of the insurance producer or the employer’s spouse, or any group of employees under a group policy issued to the employer of the insurance producer;
(b) Any person related to the insurance producer, to the spouse of the insurance producer, to the employer of the insurance producer or to the employer’s spouse within the second degree by blood or marriage;
(c) If the employer of the insurance producer is a corporation, any person directly or indirectly owning or controlling a majority of the voting stock or controlling interest in such corporation;
(d) If the employer of the insurance producer is a partnership or association, any person owning any interest in such partnership or association;
(e) If the insurance producer is a corporation, any person directly or indirectly owning or controlling a majority of the voting stock or controlling interest in the insurance producer, and any corporation which is likewise directly or indirectly controlled by the person who so directly or indirectly controls the insurance producer; or
(f) If the insurance producer is a corporation, any corporation making consolidated returns for United States income tax purposes with any corporation described in paragraph (e) of this subsection.
(2) If premiums on personal or controlled insurance transacted by an insurance producer payable in one calendar year exceed the premiums or with respect to life and health insurance twice the premiums, on other insurance transacted by the insurance producer payable in the same year, the receipt of commissions upon the excess is an unlawful rebate.
(3) This section shall not apply to an individual licensee who:
(a) Is licensed during all of such calendar year individually as an insurance producer;
(b) During such calendar year conducts an individual insurance producer business, not being designated to exercise the powers conferred by an insurance producer’s license issued to any firm or corporation nor owning any interest in any firm or corporation transacting an insurance producer business;
(c) Has been continuously licensed in some manner as an insurance producer, and has been active as such, for at least 25 years; and
(d) Is at least 65 years of age at the beginning of such calendar year.
(4) This section does not apply to the writing, issuing or soliciting by a seller of personal property of insurance covering the personal property sold by the seller on an installment contract whereunder the title to the property is reserved by the seller.
(5) This section shall not apply to an insurance producer, whether an individual, firm or corporation, if:
(a) The insurance producer is controlled or owned by a nonprofit professional association and offers professional liability and related business and personal umbrella or excess liability insurance exclusively to members of the association; and
(b) The primary function of the association is other than marketing insurance. [1967 c.359 §573; 1987 c.774 §147; 1989 c.701 §73; 2003 c.364 §136]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 18 - Financial Institutions, Insurance

Chapter 746 - Trade Practices

Section 746.005 - Trade practices exempted from prohibitions.

Section 746.015 - Discrimination; noncompliance; hearing.

Section 746.018 - Discrimination in issuance of burglary, theft, robbery or casualty policies prohibited.

Section 746.021 - Discrimination under health benefit plans.

Section 746.023 - Discrimination against living donors or body part donors with respect to life insurance, health insurance or long term care insurance.

Section 746.045 - Prohibition on rebates; exceptions; rules.

Section 746.065 - Personal or controlled insurance.

Section 746.075 - Misrepresentation generally.

Section 746.085 - Regulating replacement of life insurance; compensation of insurance producers; rules.

Section 746.115 - Advertisements in languages other than English.

Section 746.125 - Limitation on coverage of eye care services.

Section 746.130 - Insurance connected to sale or rental of property; prohibition; exceptions; charges.

Section 746.135 - Genetic tests and information; rules.

Section 746.137 - Reimbursement of private emergency responder’s actual expenses in emergency response.

Section 746.140 - Sale of life insurance with securities; written proposal; application of securities law.

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

Section 746.147 - Workers’ compensation insurance; quoting premiums.

Section 746.150 - Other insurance; combination of experience of group of persons or risks; purpose; rules; conditions.

Section 746.160 - Practices injurious to free competition.

Section 746.195 - Insurance on property securing loan or credit; certain practices by depository institutions prohibited.

Section 746.201 - Depository institution to obtain required property insurance when borrower does not; notice required.

Section 746.213 - Definitions for ORS 746.213 to 746.219.

Section 746.215 - Regulation of depository institutions with regard to insurance sales or solicitations.

Section 746.217 - Disclosures to customers.

Section 746.219 - Investigatory powers.

Section 746.230 - Unfair claim settlement practices.

Section 746.233 - Unfair claim settlement practices with respect to prior authorizations of health care items or services.

Section 746.260 - Driving record not to be considered in issuance of motor vehicle insurance.

Section 746.265 - Purposes for which abstract of nonemployment driving record may be considered.

Section 746.275 - Definitions for ORS 746.275 to 746.300.

Section 746.280 - Designation of particular motor vehicle repair shop by insurer prohibited; notice; limitation of costs.

Section 746.285 - Notice of prohibition in motor vehicle repair shops; size; location.

Section 746.287 - Insurer requirement of installation of aftermarket crash part in vehicle.

Section 746.289 - Insurer offer of crash part warranty.

Section 746.290 - Notice of prohibition in policies and by adjusters.

Section 746.292 - Motor vehicle repair shops; invoices; estimates; warranties; prohibited practices.

Section 746.295 - Proof and amount of loss under motor vehicle liability policies; determination by insurer.

Section 746.300 - Liability of insurers and motor vehicle repair shops for damages; attorney fees.

Section 746.305 - Rules.

Section 746.308 - Violation of provisions regarding totaled vehicles as violation of Insurance Code.

Section 746.310 - Representing or aiding unauthorized insurer prohibited; insurance producer liable to insured.

Section 746.320 - Service of process equivalent to personal service on unauthorized foreign or alien insurer.

Section 746.340 - Conditions to be met by defendant unauthorized insurer before filing motions or pleadings.

Section 746.360 - Exceptions to application of unauthorized insurer service of process law.

Section 746.405 - Definitions for ORS 746.405 to 746.530.

Section 746.425 - Applicability of ORS 746.405 to 746.530.

Section 746.465 - Records required of premium finance companies; form; inspection.

Section 746.475 - Premium finance agreements; contents; form; delivery; notice to insurer.

Section 746.485 - Regulation of service charge for premium financing; method of computation; prepayment.

Section 746.495 - Delinquency charges regulated.

Section 746.505 - Cancellation of policy by premium finance company; notice required; effective date of cancellation.

Section 746.515 - Return of unearned premiums on cancellation.

Section 746.600 - Definitions for ORS 746.600 to 746.690.

Section 746.605 - Purpose.

Section 746.606 - Information privacy standards for health insurers.

Section 746.607 - Use and disclosure of personal information.

Section 746.608 - Rules.

Section 746.610 - Application of ORS 746.600 to 746.690.

Section 746.611 - Personal representative of deceased person.

Section 746.620 - Notice of insurance information practices; exceptions; rules.

Section 746.630 - Authorization for disclosure of certain information; forms; revocation.

Section 746.632 - Genetic information used for treatment; authorization; disclosure.

Section 746.635 - Investigative consumer reports.

Section 746.640 - Access to recorded personal information.

Section 746.645 - Correction, amendment or deletion of recorded personal information.

Section 746.650 - Reasons for adverse underwriting decisions.

Section 746.660 - Basing adverse underwriting decision on previous adverse decision.

Section 746.661 - Use of credit history or insurance score.

Section 746.662 - Filing of insurance scoring models.

Section 746.663 - Cancellation or nonrenewal of personal insurance policies based on credit history or insurance score.

Section 746.665 - Limitations and conditions on disclosure of certain information.

Section 746.670 - Investigatory powers.

Section 746.680 - Remedies.

Section 746.686 - Use of prior claim or inquiry in determination to issue or renew homeowner insurance policy; rules.

Section 746.687 - Cancellation of homeowner insurance policy.

Section 746.688 - Use of loss history reports; notice to consumer.

Section 746.991 - Penalties.