731.988 Civil
penalties. (1) A
person that violates any provision of the Insurance Code, any lawful rule or
final order of the Director of the Department of Consumer and Business Services
or any judgment that a court makes in response to the director’s application,
shall forfeit and pay to the General Fund of the State Treasury a civil penalty
in an amount determined by the director that does not exceed $10,000 for each
offense. The civil penalty for individual insurance producers, adjusters or
insurance consultants may not exceed $1,000 for each offense. Each violation is
a separate offense.
(2) In addition
to the civil penalty specified in subsection (1) of this section, a person that
violates any provision of the Insurance Code, any lawful rule or final order of
the director or any judgment that a court makes in response to the director’s
application, may be required to forfeit and pay to the General Fund of the
State Treasury a civil penalty in an amount determined by the director that
does not exceed the amount by which the person profited in any transaction that
violates the provision, rule, order or judgment.
(3) In addition
to the civil penalties specified in subsections (1) and (2) of this section, an
insurer that must submit a report under ORS 742.400 and that fails to do so
within the specified time may be required to pay to the General Fund of the
State Treasury a civil penalty in an amount determined by the director that
does not exceed $10,000.
(4) In addition
to the penalties specified in subsection (1), (2), (5) and (6) of this section,
a director or officer of an insurance holding company system who engages in a transaction
or makes an investment that has not been properly reported under, or does not
otherwise comply with, ORS 732.517 to 732.596, who knowingly participates in or
assents to the transaction or investment, or who permits another officer or an
agent of the insurance holding company system to engage in the transaction or
make the investment, shall pay, in the director or officer’s individual
capacity, a civil penalty in an amount determined by the director that does not
exceed $10,000.
(5) In addition
to the penalties specified in subsections (1), (2), (4) and (6) of this
section, an insurer or other person that fails to make a required filing or
demonstrate a good faith effort to comply with a filing requirement under ORS
732.527, 732.537, 732.539, 732.542 or 732.544 shall pay a civil penalty in an
amount determined by the director that does not exceed $50,000.
(6) In addition
to the penalties specified in subsections (1), (2), (4) and (5) of this
section, an insurer or other person that violates a cease and desist order the
director has issued under ORS 731.252 in connection with a violation of a
provision of ORS 732.517 to 732.596 may be subject to a civil penalty in an
amount determined by the director that does not exceed $10,000 for each day of
the violation.
(7) A civil
penalty imposed under this section may be recovered either as provided in
subsection (8) of this section or in an action brought in the name of the State
of Oregon in any court of appropriate jurisdiction.
(8) Civil
penalties under this section must be imposed and enforced in accordance with
ORS 183.745.
(9) The
provisions of this section are in addition to and not in lieu of any other
enforcement provisions specified in the Insurance Code. [1967 c.359 §144; 1971
c.231 §16; 1987 c.774 §65; 1989 c.701 §70; 1991 c.401 §2; 1991 c.734 §120; 1993
c.265 §6; 1997 c.131 §5; 2003 c.364 §81; 2003 c.576 §220; 2013 c.370 §15]
731.990 [Repealed by 1965 c.241 §3]
Notes of Decisions
Farris v. United States Fid. & Guar. Co., 587 P.2d 1015 (Or. 1978).
· cites it 10× “) The legislature has undertaken, by ORS 731.988, to provide civil penalties for violations of unfair trade practices: "(1) Any person who violates any provision of the Insurance Code, any lawful rule or final order of the commissioner or any final judgment or decree made by any…”
Mountain Fir Lumber Co. v. Emp. Benefits Ins. Co., 667 P.2d 567 (Or. Ct. App. 1983).
· cites it 10× “418), civil penalties, civil forfeitures and fines (ORS 731.988). [6] The statutory design is that the contract should remain enforceable, while the parties become subject to appropriate sanctions imposed by the commissioner.”
Goddard v. Farmers Ins., 179 P.3d 645 (Or. 2008).
· cites it 3× “ORS 731.988(1). 10 Furthermore, the violator may also be required to disgorge the profits that resulted from the *272 violation.”
Strawn v. Farmers Ins., 209 P.3d 357 (Or. Ct. App. 2009).
· cites it 2× “ORS 731.988. In light of the number of class members and violations at issue (more than 7,000), plaintiffs assert that the “[aggregate penalties for Farmers’ conduct could reach as much as $70 million, nine times what the jury awarded here.”
Goddard v. Farmers Ins. Co. of Oregon, 120 P.3d 1260 (Or. Ct. App. 2005).
· cites it 3× “29 ORS 731.988 provides, in part: “(1) Any person who violates any provision of the Insurance Code, any lawful rule or final order of the Director of the Department of Consumer and Business Services or any judgment made by any court upon application of the director, shall…”
Bonneville Auto. Ins. v. Ins. Div., 632 P.2d 796 (Or. Ct. App. 1981).
· cites it 3× “76, plus an additional civil penalty of $2,000 pursuant to ORS 731.988(1). 1 Petitioner assigns error to the hearing officer’s: 1) refusal to stay the administrative proceedings pending resolution of two consolidated lawsuits between petitioner and Berjac of Portland (Berjac), a…”
Johnson v. Kentner, 691 P.2d 499 (Or. Ct. App. 1984).
· cites it 2× “It is not intended “in any way [to] expand or limit or otherwise change the procedural or substantive rights, or both, of claimants as provided in Oregon Revised Statutes.”
Bonneville Auto. Ins. Co. v. INS. DIV., ETC., 632 P.2d 796 (Or. Ct. App. 1981).
· cites it 3× “76, plus an additional civil penalty of $2,000 pursuant to ORS 731.988(1). [1] Petitioner assigns error to the hearing officer's: 1) refusal to stay the administrative proceedings pending resolution of two consolidated lawsuits between petitioner and Berjac of Portland (Berjac),…”
Rice v. State Farm Mut. Auto. Ins. Co., 476 P.3d 983 (Or. Ct. App. 2020).
“See ORS 731.988 (providing for the imposition of civil penalties, payable to the General Fund of the State Treasury, when a person violates any provision of the Insurance Code); ORS 731.”
Pfeifer v. Copperstone Restaurant & Lounge, Inc., 693 P.2d 644 (Or. Ct. App. 1985).
“The court reasoned that the insurer’s bad faith refusal to defend its insured under a liability policy gave rise only to a breach of contract claim, for which punitive damages cannot be recovered.”
— Or. Rev. Stat. § 731.988(1) — 5 cases
Goddard v. Farmers Ins., 179 P.3d 645 (Or. 2008).
“ORS 731.988(1). 10 Furthermore, the violator may also be required to disgorge the profits that resulted from the *272 violation.”
Mountain Fir Lumber Co. v. Emp. Benefits Ins. Co., 667 P.2d 567 (Or. Ct. App. 1983).
“418), civil penalties, civil forfeitures and fines (ORS 731.988). [6] The statutory design is that the contract should remain enforceable, while the parties become subject to appropriate sanctions imposed by the commissioner.”
Goddard v. Farmers Ins. Co. of Oregon, 120 P.3d 1260 (Or. Ct. App. 2005).
“29 ORS 731.988 provides, in part: “(1) Any person who violates any provision of the Insurance Code, any lawful rule or final order of the Director of the Department of Consumer and Business Services or any judgment made by any court upon application of the director, shall…”
Bonneville Auto. Ins. v. Ins. Div., 632 P.2d 796 (Or. Ct. App. 1981).
“76, plus an additional civil penalty of $2,000 pursuant to ORS 731.988(1). 1 Petitioner assigns error to the hearing officer’s: 1) refusal to stay the administrative proceedings pending resolution of two consolidated lawsuits between petitioner and Berjac of Portland (Berjac), a…”
Bonneville Auto. Ins. Co. v. INS. DIV., ETC., 632 P.2d 796 (Or. Ct. App. 1981).
“76, plus an additional civil penalty of $2,000 pursuant to ORS 731.988(1). [1] Petitioner assigns error to the hearing officer's: 1) refusal to stay the administrative proceedings pending resolution of two consolidated lawsuits between petitioner and Berjac of Portland (Berjac),…”
— Or. Rev. Stat. § 731.988(2) — 4 cases
Goddard v. Farmers Ins., 179 P.3d 645 (Or. 2008).
“ORS 731.988(1). 10 Furthermore, the violator may also be required to disgorge the profits that resulted from the *272 violation.”
Mountain Fir Lumber Co. v. Emp. Benefits Ins. Co., 667 P.2d 567 (Or. Ct. App. 1983).
“418), civil penalties, civil forfeitures and fines (ORS 731.988). [6] The statutory design is that the contract should remain enforceable, while the parties become subject to appropriate sanctions imposed by the commissioner.”
Bonneville Auto. Ins. v. Ins. Div., 632 P.2d 796 (Or. Ct. App. 1981).
“76, plus an additional civil penalty of $2,000 pursuant to ORS 731.988(1). 1 Petitioner assigns error to the hearing officer’s: 1) refusal to stay the administrative proceedings pending resolution of two consolidated lawsuits between petitioner and Berjac of Portland (Berjac), a…”
Bonneville Auto. Ins. Co. v. INS. DIV., ETC., 632 P.2d 796 (Or. Ct. App. 1981).
“76, plus an additional civil penalty of $2,000 pursuant to ORS 731.988(1). [1] Petitioner assigns error to the hearing officer's: 1) refusal to stay the administrative proceedings pending resolution of two consolidated lawsuits between petitioner and Berjac of Portland (Berjac),…”
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