742.016 Policy
constitutes entire contract; oral representations by insured. (1) Except as provided in ORS
742.043, every contract of insurance shall be construed according to the terms
and conditions of the policy. When the contract is made pursuant to a written
application therefor, if the insurer delivers a copy of such application with
the policy to the insured, thereupon such application shall become a part of
the insurance policy. Any application that is not so delivered to the insured
shall not be a part of the insurance policy and the insurer shall be precluded
from introducing such application as evidence in any action based upon or
involving the policy. Any oral representations by the insured that are not
included in an application shall not be a part of the insurance policy and the
insurer shall be precluded from introducing such representations as evidence in
any action based upon or involving the policy.
(2) If any life
or health insurance policy is reinstated or renewed, and the insured or
assignee or beneficiary with a vested interest under such policy shall make
written request to the insurer for a copy of the application, if any, for such
reinstatement or renewal, the insurer shall, within 30 days after the receipt
at its home or branch office of such request and of satisfactory evidence of
such requesting beneficiary’s vested interest, deliver or mail to the person
making such request a copy of such application. If such copy shall not be so
delivered or mailed, the insurer shall be precluded from introducing such
application as evidence in any action based upon or involving such policy or
its reinstatement or renewal.
(3) This section
does not apply to surety insurance. [Formerly 736.305 and then 743.045]
Notes of Decisions
DeJonge v. Mut. of Enumclaw, 843 P.2d 914 (Or. 1992).
· cites it 16× “) In 1917, the legislature first enacted the substantial equivalent of ORS 742.016 (formerly ORS 736.305 and then ORS 743.”
QBE Ins. v. Creston Court Condo., Inc., 58 F. Supp. 3d 1137 (D. Or. 2014).
· cites it 24× “1992); see also Or.Rev.Stat. § 742.016. If the contract’s provisions are defined within the contract, the contractual definitions are applied.”
Allianz Global Risks v. ACE Prop. & Cas. Ins. Co., 483 P.3d 1124 (Or. 2021).
· cites it 3× “” ORS 742.016(1). And “policy” is defined as “the written contract or written agreement for effecting insur- ance * * * and includes all clauses, riders, indorsements and papers which are a part thereof.”
Collver v. Salem Ins. Agency, Inc., 887 P.2d 836 (Or. Ct. App. 1994).
· cites it 5× “043, that the application for insurance was not part of the oral binder, and that regardless, ORS 742.016 prohibits the introduction of the application for insurance into evidence because it was not attached to any policy that was issued.”
Bennett v. Farmers Ins. Co., 26 P.3d 785 (Or. 2001).
“This court’s rationale for that holding, in addition to other policy considerations concerning insurance coverage, was the legislative rule established in ORS 742.016(1), the statutory parol evidence rule applying to written contracts of insurance.”
Factory Mut. Ins. Co. v. Peri Formworks Sys., Inc., 223 F. Supp. 3d 1133 (D. Or. 2016).
· cites it 2× “2d 703 ; see also Or. Rev. Stat. § 742.016 (providing that “every contract of insurance shall be construed according to the terms and conditions of the policy”).”
North Pac. Ins. v. Hamilton, 22 P.3d 739 (Or. 2001).
“ORS 742.016; Hoffman, 313 Or at 469 . The policy “must be viewed by its four corners and considered as a whole.”
Hunters Ridge Condo. Ass'n v. Sherwood Crossing, LLC, 395 P.3d 892 (Or. Ct. App. 2017).
“Hoffman, 313 Or at 469 ; ORS 742.016(1) (providing that, with some exceptions, “every contract of insurance shall be construed according to the terms and conditions of the policy”); see also Leach v.”
Colony Ins. Co. v. Victory Constr. LLC, 239 F. Supp. 3d 1279 (D. Or. 2017).
· cites it 2× “) § 742.016). Courts begin with the wording of the policy, “applying any definitions that are supplied by the policy itself and otherwise presuming that words have their plain, ordinary meanings.”
— Or. Rev. Stat. § 742.016(1) — 14 cases
DeJonge v. Mut. of Enumclaw, 843 P.2d 914 (Or. 1992).
“) In 1917, the legislature first enacted the substantial equivalent of ORS 742.016 (formerly ORS 736.305 and then ORS 743.”
Allianz Global Risks v. ACE Prop. & Cas. Ins. Co., 483 P.3d 1124 (Or. 2021).
“” ORS 742.016(1). And “policy” is defined as “the written contract or written agreement for effecting insur- ance * * * and includes all clauses, riders, indorsements and papers which are a part thereof.”
Bennett v. Farmers Ins. Co., 26 P.3d 785 (Or. 2001).
“This court’s rationale for that holding, in addition to other policy considerations concerning insurance coverage, was the legislative rule established in ORS 742.016(1), the statutory parol evidence rule applying to written contracts of insurance.”
Hunters Ridge Condo. Ass'n v. Sherwood Crossing, LLC, 395 P.3d 892 (Or. Ct. App. 2017).
“Hoffman, 313 Or at 469 ; ORS 742.016(1) (providing that, with some exceptions, “every contract of insurance shall be construed according to the terms and conditions of the policy”); see also Leach v.”
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