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Oregon Revised Statutes

Or. Rev. Stat. § 742.043 (2026)

Binders

✓ current as of May 2026
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      742.043 Binders. (1) Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable indorsements as are designated in the binder, except as superseded by the clear and express terms of the binder.

      (2) Except as provided in subsection (3) of this section and ORS 746.195, within 90 days after issue of a binder a policy shall be issued in lieu thereof, including within its terms the identical insurance bound under the binder and the premium therefor.

      (3) If the policy has not been issued a binder may be extended or renewed beyond such 90 days with the written approval of the Director of the Department of Consumer and Business Services, or in accordance with such rules relative thereto as the director may promulgate.

      (4) This section does not apply to life or health insurance. [Formerly 743.075]

 

      742.045 [1953 c.605 §3; 1965 c.611 §7; repealed by 1967 c.359 §704]

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1992–2022 · leading case: Stuart v. Pittman, 255 P.3d 482 (Or. 2011).
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Stuart v. Pittman, 255 P.3d 482 (Or. 2011). · cites it 12× “043 provides, in part: “(1) Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable indorse-ments as are designated in the…”
Summit Real Est. Mgmt., LLC v. Mid-Century Ins. Co., 445 P.3d 905 (Or. Ct. App. 2019). · cites it 4× “) The representations by Nielsen, viewed in the light most favorable to Summit, create no more than inferences or implications about when loss must be discovered or how coverage carries over from policy period to policy period.”
Collver v. Salem Ins. Agency, Inc., 887 P.2d 836 (Or. Ct. App. 1994). · cites it 4× “016(1), which provides: “Except as provided in ORS 742.043, every contract of insurance shall be construed according to the terms and conditions of the policy.”
Hoffman Constr. Co. of Alaska v. Fred S. James & Co., 836 P.2d 703 (Or. 1992). “The insurance policy in the present case does not define the crucial term, “amount recoverable.”
Stuart v. Pittman, 230 P.3d 958 (Or. Ct. App. 2010). · cites it 5× “In Oregon, an oral binder for insurance is enforceable under ORS 742.043(1), which provides: “Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given…”
Alterra Am. Ins. Co. v. James W. Fowler Co., 347 F. Supp. 3d 604 (D. Or. 2018). · cites it 3× “Or. Rev. Stat. § 742.043 provides that : (1) Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are…”
DeJonge v. Mut. of Enumclaw, 843 P.2d 914 (Or. 1992). · cites it 2× “016(1) provides: "Except as provided in ORS 742.043 [concerning binders of insurance], every contract of insurance shall be construed according to the terms and conditions of the policy.”
Brock v. State Farm Mut. Auto. Ins., 98 P.3d 759 (Or. Ct. App. 2004). “, 273 Or 283, 289-90 , 541 P2d 448 (1975); see also Black’s Law Dictionary 161 (7th ed 1999) (defining “binder” as “[a]n insurer’s memorandum giving the insured temporary coverage while the application for an insurance policy is being processed or while the formal policy is…”
QBE Ins. v. Creston Court Condo., Inc., 58 F. Supp. 3d 1137 (D. Or. 2014). “016 provides, in relevant part: Except as provided in ORS 742.043, every contract of insurance shall be construed according to the terms and conditions of the policy.”
Smith v. State Farm Ins., 927 P.2d 111 (Or. Ct. App. 1996). “, 298 Or 765, 770-71 , 696 P2d 1082 (1985); see also ORS 742.043. We interpret those terms and conditions according to what we perceive would be the understanding of the ordinary insurance purchaser.”
Baylor v. Cont'l Cas. Co., 78 P.3d 108 (Or. Ct. App. 2003). “6 In 1989, that statute was renumbered as ORS 742.043(1). 7 This case presents an entirely different issue than cases in which delivery of the policy is a condition of coverage.”
Baumann v. North Pac. Ins., 952 P.2d 1052 (Or. Ct. App. 1998). “016(1) provides, in part: “Except as provided in ORS 742.043 [relating to oral binders], every contract of insurance shall be construed according to the terms and conditions of the policy.”
Show all 17 citing cases →
— Or. Rev. Stat. § 742.043(1) — 8 cases
Stuart v. Pittman, 255 P.3d 482 (Or. 2011). “043 provides, in part: “(1) Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable indorse-ments as are designated in the…”
Stuart v. Pittman, 230 P.3d 958 (Or. Ct. App. 2010). “In Oregon, an oral binder for insurance is enforceable under ORS 742.043(1), which provides: “Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given…”
Summit Real Est. Mgmt., LLC v. Mid-Century Ins. Co., 445 P.3d 905 (Or. Ct. App. 2019). “) The representations by Nielsen, viewed in the light most favorable to Summit, create no more than inferences or implications about when loss must be discovered or how coverage carries over from policy period to policy period.”
Baylor v. Cont'l Cas. Co., 78 P.3d 108 (Or. Ct. App. 2003). “6 In 1989, that statute was renumbered as ORS 742.043(1). 7 This case presents an entirely different issue than cases in which delivery of the policy is a condition of coverage.”
Rediger v. Country Mut. Ins. Co. (D. Or. 2021).
— Or. Rev. Stat. § 742.043(2) — 6 cases
Summit Real Est. Mgmt., LLC v. Mid-Century Ins. Co., 445 P.3d 905 (Or. Ct. App. 2019). “) The representations by Nielsen, viewed in the light most favorable to Summit, create no more than inferences or implications about when loss must be discovered or how coverage carries over from policy period to policy period.”
Stuart v. Pittman, 230 P.3d 958 (Or. Ct. App. 2010). “In Oregon, an oral binder for insurance is enforceable under ORS 742.043(1), which provides: “Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given…”
Collver v. Salem Ins. Agency, Inc., 887 P.2d 836 (Or. Ct. App. 1994). “016(1), which provides: “Except as provided in ORS 742.043, every contract of insurance shall be construed according to the terms and conditions of the policy.”
Stuart v. Pittman, 255 P.3d 482 (Or. 2011). “043 provides, in part: “(1) Binders or other contracts for temporary insurance may be made orally or in writing, and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable indorse-ments as are designated in the…”
Rediger v. Country Mut. Ins. Co. (D. Or. 2021).
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