OAR 836-071-0269: Purpose and Authority

(1) OAR 836-071-0269 to 836-071-0277 regulate the charging of service fees by insurance producers. (2) ORS 737.025 states, in part, that the purpose of Insurance Code Chapter 737 (Rates and Rating Organization) is "to promote the public welfare by regulating insurance rates to the end they shall not be excessive, inadequate, or unfairly discriminatory." ORS 737.205 requires every insurer to file its rates with the Director of the Department of Consumer and Business Services. ORS 746.015 prohibits unfair discrimination "between risks of essentially the same hazard in the application of rates for insurance policies or in any other terms or conditions thereof." The Director finds that, with respect to personal lines of insurance, it is reasonable and customary for the public to consider all of the charges made by the insurer or its insurance producer to be either an insurance premium charge or a premium financing charge. (3) OAR 836-071-0269 to 836-071-0277 are issued under the general rulemaking authority of ORS 731.244: (a) With respect to personal lines insurance coverages to give effect to the rate regulatory provisions of ORS Chapter 737 and the anti-discrimination provisions of ORS 746.015; and (b) With respect to commercial lines insurance coverage to give effect to the provisions of ORS 746.015 (Discriminations), 746.405 to 746.530 (Premium Financing) and 742.009 (relating to necessary information for insureds). Formerly: OAR 836-030-0050