ORS 742.005: Grounds for disapproval of policy forms.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
The Director of the Department of Consumer and Business Services shall disapprove any form requiring the director’s approval: (1) If the director finds it does not comply with the law; (2) If the director finds it contains any provision, including statement of premium, or has any label, description of its contents, title, heading, backing or other indication of its provisions, which is unintelligible, uncertain, ambiguous or abstruse, or likely to mislead a person to whom the policy is offered, delivered or issued; (3) If, in the director’s judgment, its use would be prejudicial to the interests of the insurer’s policyholders; (4) If the director finds it contains provisions which are unjust, unfair or inequitable; (5) If the director finds sales presentation material disapproved by the director pursuant to ORS 742.009 is being used with respect to the form; or (6) If, with respect to any of the following forms, the director finds the benefits provided therein are not reasonable in relation to the premium charged: (a) Individual health insurance policy forms, including benefit certificates issued by fraternal benefit societies and individual policies issued by health care service contractors, but excluding policies referred to in ORS 743.402 as exempt from the application of ORS 743.405 to 743.498 and 743A.160; (b) Small employer group health benefit plan forms for small employers as that term is defined in ORS 743B.005, including small employer group policies issued by health care service contractors; or (c) Credit life and credit health insurance forms subject to ORS 743.371 to 743.380. [Formerly 743.009; 1991 c.182 §1; 1999 c.987 §4; 2017 c.206 §15]
Administrative rules citing this section
- OAR 836-050-0205: Authority — implements
- OAR 836-050-0207: Unfair Trade Practices — implements
- OAR 836-050-0210: General Exclusions — implements
- OAR 836-050-0215: Pre-existing Condition Exclusions; Health Insurance — implements
- OAR 836-052-0666: Loss Ratio — implements
- OAR 836-052-0676: Premium Rate Schedule Increases — implements
- OAR 836-053-0004: Compliance with Federal and State Law — implements
- OAR 836-053-0825: Rescission of a Group Health Benefit Plan — implements
- OAR 836-054-0210: Required Content of Large Deductible Provisions — implements
- OAR 836-060-0005: Definitions — implements
- OAR 836-060-0041: Experience Reports — implements
- OAR 836-060-0043: Use of Rates — Direct Business Only — implements
- OAR 836-062-0001: Statutory Authority; Effective Date — implements
- OAR 836-062-0005: Motor Vehicle Physical Damage Only Policies; Required Notice — implements
- OAR 836-062-0010: Vendor Single Interest Policies; Required Notice — implements
- OAR 836-080-0900: Definitions — authority
- OAR 836-080-0905: Language used for co-insureds on property and casualty personal lines policies — authority
- OAR 836-082-0050: Statutory Authority — implements
- OAR 836-082-0055: Continuance of Group Health Insurance Coverage in Situations Involving Replacement — implements
This rule cites
- ORS 742.009 — resolved
- ORS 743.402 — resolved
- ORS 743.405 — resolved
- 743.498 — resolved
- 743A.160 — target_record_not_published
- ORS 743.371 — resolved
- 743.380 — resolved
Cited by
- ORS 742.007: Director’s withdrawal of approval.
- ORS 742.063: Filing and approval of liability form that includes cost of defense within limits of liability.
- ORS 742.204: Exceptions to standard fire insurance policy requirements.
- ORS 743.010: Health insurance policy and health benefit plan forms; expenditures on primary care; rules.
- ORS 743.015: Filing and approval of credit life and credit health insurance forms; filing of rates.
- ORS 743.018: Filing of rates for life and health insurance; rules.
- ORS 748.603: Relationship to other insurance laws.
- OAR 836-052-0500: Statutory Authority; Applicability
- OAR 836-053-0474: Process For Rate Filing for Individual and Small Employer Health Benefit Plans
- OAR 836-053-0475: Approval, Disapproval or Modification of Premium Rates for Individual or Small Employer Health Benefit Plan
- OAR 836-060-0000: Statutory Authority; Purpose; Effective Date
- OAR 836-060-0021: Determination of Reasonableness of Benefits in Relation to Premium Charge
- OAR 836-082-0050: Statutory Authority
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors742.html