Or. Admin. Code § 836-085-0045 - Unfair Trade Practices

(1) Failure of an insurer to comply with OAR 836-085-0010 to 836-085-0050 constitutes an unfair trade practice under ORS 746.240.

(2) A midterm premium increase or a policy coverage reduction attempted or executed in nonconformance with ORS 737.330 or 742.003 constitutes an unfair trade practice under 746.240.

(3) Block Cancellations or Nonrenewals of entire lines of insurance or withdrawal of classes of business are presumed to be unfairly discriminatory and constitute an unfair trade practice under ORS 746.240, unless prior authorization is received.

(4) Termination of an appointed insurance producer, or an attempt to terminate an appointed insurance producer solely to achieve block cancellation or nonrenewal of entire lines of insurance or other such instant reunderwriting of an insurance producer book of business is presumed to constitute an unfair trade practice under ORS 746.240 and an unfair trade practice detrimental to free competition under 746.160.

(5) Any nonrenewal must be for justifiable cause.

(6) Inability to substantiate justifiable cause for nonrenewal will be subject to Division of Financial Regulation review.

(7) Unjustified nonrenewals of such frequency as to indicate a general business practice are presumed to constitute an unfair trade practice under ORS 746.240.

Notes

Or. Admin. Code § 836-085-0045

IC 2-1985(Temp), f. 5-31-85, ef. 6-15-85; IC 4-1985, f. & ef. 9-19-85; ID 8-1987, f. & ef. 12-14-87; ID 8-2005, f. 5-18-05, cert. ef. 8-1-05; ID 12-2013, f. 12-31-13, cert. ef. 1-1-14; ID 31-2024, minor correction filed 08/20/2024, effective 8/20/2024

Statutory/Other Authority: ORS 731.244 & ORS 746.240

Statutes/Other Implemented: ORS 746.240, ORS 746.045, 746.055 & 746.160(3)