(2) If, prior to January 1, 2004, an insurer has assigned a consumer to a less favorable rating category for a policy of personal insurance based in whole or in part on the consumer’s credit history or insurance score, the consumer may request, no more than once annually, that the insurer rerate the consumer according to the standards that the insurer would apply to the consumer if the consumer were initially applying for the same personal insurance on or after January 1, 2004.
(3) An insurer that receives a request under subsection (2) of this section may not consider that the consumer was assigned to a less favorable rate category when the insurer rerates the consumer.
(4) If an insurer uses disputed credit history to determine eligibility for coverage of personal insurance and places a consumer with an affiliate that charges higher premiums or offers less favorable policy terms:
(a) The insurer shall rerate the policy retroactive to the effective date of the current policy term; and
(b) The policy, as reissued or rerated, shall provide the premiums and policy terms for which the consumer would have been eligible if accurate credit history had been used to determine eligibility.
(5) If an insurer charges higher premiums due to disputed credit history, the insurer shall rerate the policy retroactive to the effective date of the current policy term. As rerated, the insurer shall charge the consumer the same premiums the consumer would have been charged if accurate credit history had been used to calculate an insurance score.
(6) Subsections (4) and (5) of this section apply only if the consumer resolves the credit dispute under the process set forth in the federal Fair Credit Reporting Act (15 U.S.C. 1681) and notifies the insurer in writing that the dispute has been resolved.
(7) Except as provided in subsections (2), (4) and (5) of this section, an insurer may only use rating factors other than credit history or insurance score to rerate the policy at renewal. [2003 c.788 §7]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Section 746.005 - Trade practices exempted from prohibitions.
Section 746.015 - Discrimination; noncompliance; hearing.
Section 746.021 - Discrimination under health benefit plans.
Section 746.045 - Prohibition on rebates; exceptions; rules.
Section 746.065 - Personal or controlled insurance.
Section 746.075 - Misrepresentation generally.
Section 746.115 - Advertisements in languages other than English.
Section 746.125 - Limitation on coverage of eye care services.
Section 746.135 - Genetic tests and information; rules.
Section 746.147 - Workers’ compensation insurance; quoting premiums.
Section 746.160 - Practices injurious to free competition.
Section 746.213 - Definitions for ORS 746.213 to 746.219.
Section 746.217 - Disclosures to customers.
Section 746.219 - Investigatory powers.
Section 746.230 - Unfair claim settlement practices.
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 746.285 - 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 746.300 - Liability of insurers and motor vehicle repair shops for damages; attorney fees.
Section 746.308 - Violation of provisions regarding totaled vehicles as violation of Insurance Code.
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 746.495 - Delinquency charges regulated.
Section 746.515 - Return of unearned premiums on cancellation.
Section 746.600 - Definitions for ORS 746.600 to 746.690.
Section 746.606 - Information privacy standards for health insurers.
Section 746.607 - Use and disclosure of personal information.
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 746.665 - Limitations and conditions on disclosure of certain information.
Section 746.670 - Investigatory powers.
Section 746.687 - Cancellation of homeowner insurance policy.
Section 746.688 - Use of loss history reports; notice to consumer.