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Oregon Revised Statutes

Or. Rev. Stat. § 742.216 (2026)

Conditions suspending insurance

✓ current as of May 2026
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      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).
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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…”
JPaulJones, L.P. v. Zurich Gen. Ins. Co. (China) Ltd. (D. Or. 2021). “§ 742.216; O.R.S. § 742.230; cf. Brockway v.”
State Farm Fire & Cas. Co. v. Jensen (D. Or. 2022). “” ORS 742.216(1). This is likewise inconsistent with the argument that ORS 742.”
— 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…”
State Farm Fire & Cas. Co. v. Jensen (D. Or. 2022). “” ORS 742.216(1). This is likewise inconsistent with the argument that ORS 742.”
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