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Oregon Revised Statutes

Or. Rev. Stat. § 742.208 (2026)

Concealment; fraud; representations by insured

✓ current as of May 2026
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      742.208 Concealment; fraud; representations by insured. A fire insurance policy shall contain the following provisions:

      (1) Subject to subsections (2) and (3) of this section, this entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof, or the interest of the insured therein, or in case of any fraud or false swearing by the insured relating thereto.

      (2) All statements made by or on behalf of the insured, in the absence of fraud, shall be deemed representations and not warranties. No such statements that arise from an error in the application shall be used in defense of a claim under the policy unless:

      (a) The statements are contained in a written application; and

      (b) A copy of the application is indorsed upon or attached to the policy when issued.

      (3) In order to use any representation by or on behalf of the insured in defense of a claim under the policy, the insurer must show that the representations are material and that the insurer relied on them. [Formerly 743.612]

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1995–2022 · leading case: Eslamizar v. Am. States Ins., 894 P.2d 1195 (Or. Ct. App. 1995).
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Eslamizar v. Am. States Ins., 894 P.2d 1195 (Or. Ct. App. 1995). · cites it 8× “” That language is based on, and essentially repeats, ORS 742.208(3), which requires all fire insurance policies to contain a provision that: “In order to use any representation by or on behalf of the insured in defense of a claim under the policy, the insurer must show that the…”
Masood v. Safeco Ins., 365 P.3d 540 (Or. Ct. App. 2015). · cites it 6× “As relevant on appeal, the trial court concluded (1) that enforcement of the EDC Settlement was not in the public interest and “ [t]he jury award of damages for breach of the EDC settlement contract is voided by their finding of misrepresentation by [plaintiff]” and (2) based on…”
Valdez v. Nationwide Ins. Co. of Am. (D. Or. 2022). · cites it 19× “§ 742.208, provides: (1) Subject to subsections (2) and (3) of this section, this entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject…”
Traders & Gen. Ins. v. Freeman, 81 F. Supp. 2d 1070 (D. Or. 2000). “ORS 742.208 (emphasis added). Clow argues that because the concealment and fraud condition in the instant policy uses the phrase “any insured” rather than “the insured” as mandated by the Code, and because “the insured” has been interpreted, as noted above, to establish the…”
Kelly v. State Farm Fire & Cas. Co., 494 P.3d 1009 (Or. Ct. App. 2021). · cites it 12× “The insurance policy contained a provision, as required by ORS 742.208, that the entire policy would be void if, whether before or after a loss, the insured willfully concealed or misrepresented any material fact or cir- cumstance concerning the insurance or the subject of it,…”
Jerry Greer v. State Farm Fire & Cas. Com, 546 F. App'x 695 (9th Cir. 2013). · cites it 2× “State Farm was entitled to the amount paid in reliance on the misrepresentation, Or. Rev. Stat. § 742.208 , and therefore properly received judgment on its counterclaim.”
Or. Rev. Stat. § 742.208(1): 1 case
Valdez v. Nationwide Ins. Co. of Am. (D. Or. 2022). “§ 742.208, provides: (1) Subject to subsections (2) and (3) of this section, this entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject…”
Or. Rev. Stat. § 742.208(2): 1 case
Valdez v. Nationwide Ins. Co. of Am. (D. Or. 2022). “§ 742.208, provides: (1) Subject to subsections (2) and (3) of this section, this entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject…”
Or. Rev. Stat. § 742.208(3): 3 cases
Eslamizar v. Am. States Ins., 894 P.2d 1195 (Or. Ct. App. 1995). “” That language is based on, and essentially repeats, ORS 742.208(3), which requires all fire insurance policies to contain a provision that: “In order to use any representation by or on behalf of the insured in defense of a claim under the policy, the insurer must show that the…”
Valdez v. Nationwide Ins. Co. of Am. (D. Or. 2022). “§ 742.208, provides: (1) Subject to subsections (2) and (3) of this section, this entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject…”
Kelly v. State Farm Fire & Cas. Co., 494 P.3d 1009 (Or. Ct. App. 2021). “The insurance policy contained a provision, as required by ORS 742.208, that the entire policy would be void if, whether before or after a loss, the insured willfully concealed or misrepresented any material fact or cir- cumstance concerning the insurance or the subject of it,…”
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