(2) A licensee or insurance-support organization that discloses information in violation of ORS 746.665 or a health insurer that uses or discloses information in violation of ORS 746.607 (1) or (2) is liable for damages sustained by the individual about whom the information relates. However, an individual is not entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of the violation of ORS 746.607 (1) or (2) or 746.665.
(3) In any action brought pursuant to this section, the court may award the cost of the action and reasonable attorney fees to the prevailing party.
(4) An action under this section must be brought within two years from the date the alleged violation is or should have been discovered.
(5) Except as specifically provided in this section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of ORS 746.600 to 746.690. [1981 c.649 §18; 1987 c.490 §56; 1995 c.618 §131; 2001 c.377 §28a; 2003 c.87 §18; 2003 c.364 §165a]
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.