Or. Admin. Code § 836-071-0267 - Incidental Charges for Customer Services; Personal, Commercial Lines
(1) This rule
establishes incidental charges that an insurance producer may impose for
customer services in connection with the transaction of insurance. For the
purpose of this rule, personal lines insurance is property and casualty
insurance coverage sold to individuals and families for primarily noncommercial
purposes.
(2) An insurance producer
may impose an incidental charge established in this rule on a customer only if
the insurance producer has given written notice to the customer that the
insurance producer may impose incidental charges authorized by this rule. The
notice must disclose all incidental charges that the insurance producer may
impose and the service provided for each incidental charge. The insurance
producer must give the notice to a customer before providing any service for
which an incidental charge may be imposed, but not later than at the time of
application or the renewal before the insurance producer commences imposing the
incidental charges. The written notice requirement does not apply to the
binding or issuance of a policy. At the time an insurance producer charges an
incidental charge under this rule, the insurance producer must clearly disclose
to the customer the amount of the incidental charge and the service for which
the incidental charge is imposed.
(3) An insurance producer may impose an
incidental charge for rewriting or reinstating a policy that was cancelled by
the insurer because of an action or inaction of the customer, such as
nonpayment of premium or failure to renew according to policy terms, as
provided in this section. An insurance producer may not impose the incidental
charge for the first rewriting or reinstatement of the policy. The incidental
charges are as follows:
(a) A charge not to
exceed $25 for personal lines insurance.
(b) A charge not to exceed $100 for
commercial insurance.
(4) An insurance producer may impose an
incidental charge for taking a payment of premium in cash, in an amount not to
exceed $10.
(5) An insurance
producer may impose an incidental charge as authorized by ORS
30.701 for handling and
collecting on a check from a customer that is returned for insufficient
funds.
(6) An insurance producer
may impose an incidental charge for the actual cost of providing photographic
or inspection services to a customer in connection with issuing or amending
insurance coverage, but the incidental charge may not exceed:
(a) $7.50 for the services in connection with
issuing or amending personal insurance coverage.
(b) $45 for the services in connection with
issuing or amending commercial insurance coverage.
(7) An insurance producer may impose an
incidental charge for the actual cost of obtaining a motor vehicle report from
the Motor Vehicle Division of the Oregon Department of Transportation or from
the comparable agency in another state, but the charge may not exceed
$4.
(8) An insurance producer may
impose an incidental charge not to exceed $5 for preparing a duplicate
insurance identification card at the request of a customer, when the customer
requests the preparation of the card instead of waiting for the insurance
identification card prepared by the insurer.
(9) An insurance producer may impose an
incidental charge not to exceed $10 for each endorsement to a personal lines
insurance policy that is in addition to the first six other endorsements by the
insurance producer to the policy within a six-month period.
(10) An insurance producer may impose an
incidental charge not to exceed $5 for obtaining a duplicate SR22 filing on
behalf of a customer when the customer has lost or misplaced the original SR22
filing.
(11) An insurance producer
may impose an incidental charge not to exceed $5 for each certificate of
commercial insurance coverage issued by the insurance producer that is in
addition to the first 20 certificates requested by the customer for the
commercial insurance policy during a policy period.
Notes
Stat. Auth.: ORS 731.244 and 744.077
Stats. Implemented: ORS 744.077
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