742.003 Filing
and approval of policy forms; rules.
(1) Except where otherwise provided by law, no basic policy form, or
application form where written application is required and is to be made a part
of the policy, or rider, indorsement or renewal certificate form shall be
delivered or issued for delivery in this state until the form has been filed
with and approved by the Director of the Department of Consumer and Business
Services. This section does not apply to:
(a) Forms of
unique character which are designed for and used with respect to insurance upon
a particular risk or subject;
(b) Forms issued
at the request of a particular life or health insurance policy owner or
certificate holder and which relate to the manner of distribution of benefits
or to the reservation of rights and benefits thereunder;
(c) Forms of
group life or health insurance policies, or both, that have been agreed upon as
a result of negotiations between the policyholder and the insurer; or
(d) Forms
complying with specific requirements regarding delivery or issuance for
delivery in this state established by the director by rule.
(2) Except as
provided in ORS 743.019, the director shall within 30 days after the filing of
any such form approve or disapprove the form. The director shall give written
notice of such action to the insurer proposing to deliver such form and when a
form is disapproved the notice shall show wherein such form does not comply
with the law.
(3) The 30-day
period referred to in subsection (2) of this section may be extended by the
director for an additional period not to exceed 30 days if the director gives
written notice within the first 30-day period to the insurer proposing to
deliver the form that the director needs such additional time for the
consideration of such form.
(4) The director
may at any time request an insurer to furnish the director a copy of any form
exempted under subsection (1) of this section. [Formerly 736.300 and then
743.006; 2001 c.943 §7; 2015 c.88 §4]
Notes of Decisions
Cited in
7
cases (
4 in the last 5 years), 1989–2025 · leading case:
Baylor v. Cont'l Cas. Co., 78 P.3d 108 (Or. Ct. App. 2003).
Baylor v. Cont'l Cas. Co., 78 P.3d 108 (Or. Ct. App. 2003).
· cites it 2× “006(1) (1985), renumbered as ORS 742.003(1) (1989). After the issuance of the binder, and before the plaintiff received a copy of the policy, the plaintiffs plane crashed in Alaska.”
Bellshaw v. Farmers Ins. Co., 373 Or. 307 (Or. 2025).
“According to the summary judgment record, Farmers submitted its notice form, using the same language that it had provided to plaintiff and used since 1994. DCBS approved that notice in 2016.”
Viking Ins. v. Perotti, 784 P.2d 1081 (Or. 1989).
“003(1), provided: “Except where otherwise provided by law, no basic policy form, or application form where written application is required and is to be made a part of the policy, or rider, indorsement or renewal certificate form shall he delivered or issued for delivery in this…”
Fleming v. United Servs. Auto. Ass'n, 996 P.2d 501 (Or. 2000).
“See ORS 742.003 (requiring approval of insurance forms by Director of Department of Consumer and Business Services).”
Bellshaw v. Farmers Ins. Co., 373 Or. 307 (Or. 2025).
“According to the summary judgment record, Farmers submitted its notice form, using the same language that it had provided to plaintiff and used since 1994. DCBS approved that notice in 2016.”
— Or. Rev. Stat. § 742.003(1) — 4 cases
Baylor v. Cont'l Cas. Co., 78 P.3d 108 (Or. Ct. App. 2003).
“006(1) (1985), renumbered as ORS 742.003(1) (1989). After the issuance of the binder, and before the plaintiff received a copy of the policy, the plaintiffs plane crashed in Alaska.”
Viking Ins. v. Perotti, 784 P.2d 1081 (Or. 1989).
“003(1), provided: “Except where otherwise provided by law, no basic policy form, or application form where written application is required and is to be made a part of the policy, or rider, indorsement or renewal certificate form shall he delivered or issued for delivery in this…”
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