OAR 836-080-0205: Statutory Authority, Purpose, and Applicability

(1) OAR 836-080-0205 to 836-080-0250 are adopted by the Director of the Department of Consumer and Business Services pursuant to the director’s general rulemaking authority in ORS 731.244, to aid in the proper effectuation of 746.230. (2) The purpose of OAR 836-080-0205 to 836-080-0250 is to define certain minimum standards the violation of which will be considered to constitute unfair claims settlement practices within the purview of ORS 746.230. (3) OAR 836-080-0205 to 836-080-0250: (a) Apply with respect to all insurance except fidelity and surety bonds; (b) Apply to workers' compensation insurance only as provided in OAR 836-080-0250; and (c) Are not exclusive, and the Director may also consider other acts not herein specified to be violations of ORS 746.230. (4) OAR 836-080-0205 to 836-080-0250 do not in any way expand or limit or otherwise change the procedural or substantive rights, or both, of claimants as provided in the Oregon Revised Statutes. (5) The amendments to OAR 836-080-0210 and 836-080-0235 apply only to claims submitted to a title insurer on or after August 17, 2010.