742.216
Conditions suspending insurance.
A fire insurance policy shall contain a provision as follows: “Unless otherwise
provided in writing added hereto this company shall not be liable for loss
occurring:
“(1) While the
hazard is increased by any means within the control or knowledge of the
insured; or
“(2) While a
described building, whether intended for occupancy by owner or tenant, is
vacated or unoccupied beyond a period of 60 consecutive days; or
“(3) As a result
of explosion or riot, unless fire ensues, and in that event for loss by fire
only.” [Formerly 743.624]
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1990–2022 · leading case:
Farmers Ins. v. Trutanich, 858 P.2d 1332 (Or. Ct. App. 1993).
Farmers Ins. v. Trutanich, 858 P.2d 1332 (Or. Ct. App. 1993).
· cites it 4× “Farmers’ other arguments concern the applicability of ORS 742.216, which provides, in part: “A fire insurance policy shall contain a provision as follows: ‘Unless otherwise provided in writing added hereto this company shall not be liable for loss occurring: “(1) ‘While the…”
West Am. Ins. v. Hernandez, 669 F. Supp. 2d 1211 (D. Or. 2009).
· cites it 5× “Or.Rev.Stat. § 742.216 (internal quotation marks omitted).”
Schmidt v. Underwriters at Lloyds of London, 82 P.3d 649 (Or. Ct. App. 2004).
· cites it 4× “” However the language in the policy contains the current statutory language required by ORS 742.216. That statute provides, in relevant part: “A fire insurance policy shall contain a provision as follows: ‘Unless otherwise provided in writing added hereto this company shall not…”
Kabban v. MacKin, 801 P.2d 883 (Or. Ct. App. 1990).
“3 1 ORS 742.216 provides, in pertinent part: “A fire insurance policy shall contain a provision as follows: ‘Unless otherwise provided in writing added hereto this company shall not be liable for loss occurring: “ ‘(1) While the hazard is increased by any means within the…”
Or. Rev. Stat. § 742.216(1): 2 cases
Farmers Ins. v. Trutanich, 858 P.2d 1332 (Or. Ct. App. 1993).
“Farmers’ other arguments concern the applicability of ORS 742.216, which provides, in part: “A fire insurance policy shall contain a provision as follows: ‘Unless otherwise provided in writing added hereto this company shall not be liable for loss occurring: “(1) ‘While the…”
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