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Oregon Revised Statutes

Or. Rev. Stat. § 737.265 (2026)

Unauthorized adherence to rates, rating systems; workers’ compensation insurance policy forms

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      737.265 Unauthorized adherence to rates, rating systems; workers’ compensation insurance policy forms. (1) Members and subscribers of rating or advisory organizations may use the rates, rating systems, underwriting rules or policy or bond forms of such organizations, either consistently or intermittently, but, except as provided in ORS 737.275, 737.312, 737.365, 737.390, 737.526 and subsection (2) of this section, shall not agree with each other or rating organizations or others to adhere thereto. The fact that two or more authorized insurers, whether or not members or subscribers of a rating or advisory organization, use, either consistently or intermittently, the rates or rating systems made or adopted by a rating organization, or the underwriting rules or policy or bond forms prepared by a rating or advisory organization, shall not be sufficient in itself to support a finding that an agreement to so adhere exists, and may be used only for the purpose of supplementing or explaining any competent evidence of the existence of any such agreement.

      (2) Each insurer transacting workers’ compensation insurance shall adhere to the policy forms filed by the licensed workers’ compensation rating organization of which the insurer is a member and approved by the Director of the Department of Consumer and Business Services. [1969 c.690 §19; 1971 c.385 §4; 1977 c.333 §1; 1981 c.535 §18; 1999 c.235 §3]

Notes of Decisions
Cited in 2 cases, 1984–2001 · leading case: Mountain Fir Lumber Co. v. Emp. Benefits Ins., 679 P.2d 296 (Or. 1984).
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Mountain Fir Lumber Co. v. Emp. Benefits Ins., 679 P.2d 296 (Or. 1984). · cites it 3× “We note, *645 however, that ORS 737.265(2), 4 as it was at the time of this contract, required all insurers to adhere to rates, rating systems and policy forms of the rating organization.”
Sandwich Chef of Texas, Inc. v. Reliance Nat'l Indem. Ins., 202 F.R.D. 484 (S.D. Tex. 2001). “36, § 3610 (West 1999); OrRevStat. § 737.265 (1995); 40 PaCons.StatAnn § 477b (West 1999); R.”
Or. Rev. Stat. § 737.265(2): 1 case
Mountain Fir Lumber Co. v. Emp. Benefits Ins., 679 P.2d 296 (Or. 1984). “We note, *645 however, that ORS 737.265(2), 4 as it was at the time of this contract, required all insurers to adhere to rates, rating systems and policy forms of the rating organization.”
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