Or. Admin. R. 836-085-0045
Current through Register Vol. 63, No. 8, August 1, 2024
Section 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) Midterm premium increase or a policy coverage reduction attempted or executed in nonconformance with ORS 737.330 or 743.006 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 of such termination, solely to achieve block cancellation or nonrenewal of entire lines of insurance or other such instant reunderwriting of an insurance producer book of business shall be presumed to constitute an unfair trade practice under ORS 746.240 an unfair trade practice detrimental to free competition under 746.160.(5) Any nonrenewal will be expected to be for justifiable cause; and:(a) Inability to substantiate justifiable cause for nonrenewal will be subject to Insurance Division review; and(b) Unjustified nonrenewals of such frequency as to indicate a general business practice shall be presumed to constitute an unfair trade practice under ORS 746.240.Or. Admin. R. 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. 8-1-05Stat. Auth.: ORS 731
Stats. Implemented: ORS 746.045, 746.055, 746.160(3) & 746.240