Oregon Revised Statutes
Or. Rev. Stat. § 742.013 (2026)
Representations in applications
✓ current as of May 2026
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742.013 Representations in applications. (1) All statements and descriptions in any application for an insurance policy by or in behalf of the insured, shall be deemed to be representations and not warranties. Misrepresentations, omissions, concealments of facts and incorrect statements shall not prevent a recovery under the policy unless the misrepresentations, omissions, concealments of fact and incorrect statements:
(a) Are contained in a written application for the insurance policy, and a copy of the application is indorsed upon or attached to the insurance policy when issued;
(b) Are shown by the insurer to be material, and the insurer also shows reliance thereon; and
(c) Are either:
(A) Fraudulent; or
(B) Material either to the acceptance of the risk or to the hazard assumed by the insurer.
(2) This section does not apply to surety insurance. [Formerly 743.042]
742.015 [1965 c.611 §3; 1967 c.359 §655; renumbered 750.015]
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1990–2022 · leading case: Brock v. State Farm Mut. Auto. Ins., 98 P.3d 759 (Or. Ct. App. 2004).
Brock v. State Farm Mut. Auto. Ins., 98 P.3d 759 (Or. Ct. App. 2004). “For the reasons set forth below, we conclude that the trial court erred in construing and applying ORS 742.013 and, thus, reverse and remand.”
Pierce v. Allstate Ins., 848 P.2d 1197 (Or. 1993). “Under ORS 742.013, the insured's statements in an application for an insurance policy are "deemed to be representations.”
Seidel v. Time Ins., 970 P.2d 255 (Or. Ct. App. 1998). “An insurer may rescind an insurance contract under the limited circumstances set out in ORS 742.013(1) which provides, in part: “Misrepresentations, omissions, concealments of facts and incorrect statements shall not prevent a recovery under the policy unless the…”
Story v. Safeco Life Ins. Co., 40 P.3d 1112 (Or. Ct. App. 2002). “*693 The legislature has specified in ORS 742.013 requirements that must be met for an insurer to rescind an insurance policy for misrepresentations made in an insurance application.”
Ives v. INA Life Ins., 790 P.2d 1206 (Or. Ct. App. 1990). “Misrepresentations, omissions, concealment of facts and incorrect statements shall not prevent a recovery under the policy unless the misrepresentations, omissions, concealment of fact and incorrect statements: “(a) Are contained in a written application for the insurance…”
Progressive Specialty Ins. v. Carter, 868 P.2d 32 (Or. Ct. App. 1994). “2 Without deciding whether Barry engaged in any misrepresentation, the trial court denied relief on the basis of ORS 742.013, 3 which it construed as precluding rescission of an insurance policy when the application containing the alleged misrepresentations had not been…”
Nichols v. Principal Life Ins. Co. (D. Or. 2020). “Plaintiff relies on Oregon Revised Statutes § 742.013, which provides: (1) All statements and descriptions in any application for an insurance policy by or in behalf of the insured, shall be deemed to be representations and not warranties.”
Valdez v. Nationwide Ins. Co. of Am. (D. Or. 2022). “However, defendant’s primary argument is that the policy issued to plaintiff was voidable (and legally void), which is a legally distinct principle from an argument that recovery is barred due to misrepresentations.”
Reisen v. Blue Cross Blue Shield, 839 P.2d 729 (Or. Ct. App. 1992). “” ORS 742.013(1). 2 The issue is whether decedent’s representations in his application for insurance were material, as a matter of law, to acceptance of the risk by defendant.”
Holman v. Pac. Health & Life Ins., 902 P.2d 106 (Or. Ct. App. 1995). “In short, the jury could find that the doctors were right, and that there was no clinically cognizable problem at the time of the 1992 tests and consultations or at the time that plaintiff completed the application.”
— Or. Rev. Stat. § 742.013(1) — 5 cases
Brock v. State Farm Mut. Auto. Ins., 98 P.3d 759 (Or. Ct. App. 2004). “For the reasons set forth below, we conclude that the trial court erred in construing and applying ORS 742.013 and, thus, reverse and remand.”
Seidel v. Time Ins., 970 P.2d 255 (Or. Ct. App. 1998). “An insurer may rescind an insurance contract under the limited circumstances set out in ORS 742.013(1) which provides, in part: “Misrepresentations, omissions, concealments of facts and incorrect statements shall not prevent a recovery under the policy unless the…”
Ives v. INA Life Ins., 790 P.2d 1206 (Or. Ct. App. 1990). “Misrepresentations, omissions, concealment of facts and incorrect statements shall not prevent a recovery under the policy unless the misrepresentations, omissions, concealment of fact and incorrect statements: “(a) Are contained in a written application for the insurance…”
Nichols v. Principal Life Ins. Co. (D. Or. 2020). “Plaintiff relies on Oregon Revised Statutes § 742.013, which provides: (1) All statements and descriptions in any application for an insurance policy by or in behalf of the insured, shall be deemed to be representations and not warranties.”
Reisen v. Blue Cross Blue Shield, 839 P.2d 729 (Or. Ct. App. 1992). “” ORS 742.013(1). 2 The issue is whether decedent’s representations in his application for insurance were material, as a matter of law, to acceptance of the risk by defendant.”
— Or. Rev. Stat. § 742.013(l)(a) — 1 case
Brock v. State Farm Mut. Auto. Ins., 98 P.3d 759 (Or. Ct. App. 2004). “For the reasons set forth below, we conclude that the trial court erred in construing and applying ORS 742.013 and, thus, reverse and remand.”
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