742.021
Standard provisions in general.
(1) Insurance policies shall contain such standard or uniform provisions as are
required by the applicable provisions of the Insurance Code. However, the
insurer may at its option substitute for one or more of such provisions
corresponding provisions of different wording approved by the Director of the
Department of Consumer and Business Services which are in each instance not
less favorable in any respect to the insured or the beneficiary.
(2) If any
standard or uniform provision is in whole or in part inapplicable to or
inconsistent with the coverage provided by a particular form of policy the
insurer, with the approval of the director, shall omit from such policy any
inapplicable provision or part of a provision, and shall modify any
inconsistent provision or part of a provision in such manner as to make the
provision as contained in the policy consistent with the coverage provided by
the policy.
(3) Except as
provided in subsection (2) of this section, no policy shall contain any
provision inconsistent with or contradictory to any standard or uniform
provision used or required to be used. [Formerly 743.051]
Notes of Decisions
Raynor v. United of Omaha Life Ins. Co., 858 F.3d 1268 (9th Cir. 2017).
· cites it 4× “Or. Rev. Stat. § 742.021 . Under the standard provisions, insureds who suffer from continuing loss have three years and ninety days “after the termination of the period for which the insurer is liable” to file suit.”
Cavanaugh Ex Rel. Cavanaugh v. Providence Health Plan, 699 F. Supp. 2d 1209 (D. Or. 2010).
· cites it 10× “Plaintiff also sought a declaration that to the extent Defendant’s Plan contains the following provision, it is void and unenforceable under Oregon Revised Statute § 742.021 as “less favorable to the insured” than the applicable provisions of the Oregon Insurance Code:…”
West Am. Ins. v. Hernandez, 669 F. Supp. 2d 1211 (D. Or. 2009).
· cites it 5× “Or.Rev.Stat. § 742.021. The Insurance Code provides a broad exclusionary provision, which all fire insurance policies must contain unless a different provision is substituted: A fire insurance policy shall contain a provision as follows: Unless otherwise *1216 provided in…”
Mid-Century Ins.. v. Turner, 182 P.3d 855 (Or. Ct. App. 2008).
· cites it 3× “ORS 742.021. The pertinent policy language provides, again, as follows: “In the event of any payment under this policy we are entitled to all the rights of recovery of the person to whom payment was made against another.”
Providence Health Plan v. Winchester, 288 P.3d 13 (Or. Ct. App. 2012).
· cites it 4× “Defendant also asserts that ORS 742.021 applies to Providence and requires that “insurance policies must contain such standard or uniform provisions as are required by the Oregon Insurance Code.”
Cook v. Nationwide Gen. Ins. Co. (D. Or. 2025).
· cites it 2× “802 (2017) (interpreting ORS 742.021). “The Oregon legislature has instructed courts to liberally construe the Insurance Code, which ‘is for the protection of the insurance-buying public,’ in favor of insureds.”
Or. Rev. Stat. § 742.021(1): 3 cases
Mid-Century Ins.. v. Turner, 182 P.3d 855 (Or. Ct. App. 2008).
“ORS 742.021. The pertinent policy language provides, again, as follows: “In the event of any payment under this policy we are entitled to all the rights of recovery of the person to whom payment was made against another.”
Providence Health Plan v. Winchester, 288 P.3d 13 (Or. Ct. App. 2012).
“Defendant also asserts that ORS 742.021 applies to Providence and requires that “insurance policies must contain such standard or uniform provisions as are required by the Oregon Insurance Code.”
Cook v. Nationwide Gen. Ins. Co. (D. Or. 2025).
“802 (2017) (interpreting ORS 742.021). “The Oregon legislature has instructed courts to liberally construe the Insurance Code, which ‘is for the protection of the insurance-buying public,’ in favor of insureds.”
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