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Oregon Revised Statutes

Or. Rev. Stat. § 742.240 (2026)

Suit on policy

✓ current as of May 2026
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      742.240 Suit on policy. A fire insurance policy shall contain a provision as follows:

      “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within 24 months next after inception of the loss.” [Formerly 743.660; 1991 c.437 §1]

Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1990–2024 · leading case: Moore v. Mut. of Enumclaw Ins., 855 P.2d 626 (Or. 1993).
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Moore v. Mut. of Enumclaw Ins., 855 P.2d 626 (Or. 1993). · cites it 8× “’ ” *238 Another such provision is the “limitations” clause of ORS 742.240. Before 1991, that statute provided: “A fire insurance policy shall contain a provision as follows: ‘No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law…”
Herman v. Valley Ins., 928 P.2d 985 (Or. Ct. App. 1996). · cites it 9× “ORS 742.240 requires such policies 1 to contain the following suit limitation provision or its substantial equivalent: 2 “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy…”
Brockway v. Allstate Prop. & Cas. Ins. Co., 391 P.3d 871 (Or. Ct. App. 2017). · cites it 3× “As Allstate points out, loss as a result of theft falls within Section I of the policies, and “Section I—Conditions” applies to such losses.”
Rice v. Rabb, 320 P.3d 554 (Or. 2014). · cites it 3× “, 317 Or 235 , 855 P2d 626 (1993), for example, this court reasoned that a discovery rule did not apply to a claim for breach of an insurance contract that, by law, incorporated the statute of limitations provision contained in ORS 742.240. That provision barred claims that were…”
Romero v. Amburn, 523 P.3d 1135 (Or. Ct. App. 2022). · cites it 3× “at 238 (quoting ORS 742.240 (1991)). The primary issue on review was whether the defendant had waived the statute of limitations; the Supreme Court concluded that there was no evidence of waiver.”
Wright v. State Farm Mut. Auto. Ins., 196 P.3d 1000 (Or. Ct. App. 2008). · cites it 3× “504(12)(a), ORS 742.240, which requires that a fire insurance policy contain the following provision: *370 “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have…”
Ass'n of Unit Owners of Nestani v. State Farm Fire & Cas. Co., 670 F. Supp. 2d 1156 (D. Or. 2009). · cites it 2× “1 at 16; see Or.Rev.Stat. § 742.240; see also Or.Rev.Stat.”
Ailes v. Portland Meadows, Inc., 799 P.2d 203 (Or. Ct. App. 1990). · cites it 4× “155, because the insurers had made advance payments without notification of the date when the Statute of Limitations would expire.”
Malbco Holdings, LLC v. Amco Ins., 629 F. Supp. 2d 1185 (D. Or. 2009). “ORS 742.240; see also ORS 742.202. Actions brought more than two years after the occurrence of the direct physical loss or damage are barred.”
Red Lion Hotels, Inc. v. Commonwealth Ins. Co. of Am., 33 P.3d 358 (Or. Ct. App. 2001). · cites it 3× “” Second, in all events, plaintiffs claim under the policy was time-barred under either the policy’s 18-month limitations period 5 or, if that limitation was somehow unenforceable, the two-year limitation of claims under “fire insurance” policies prescribed by ORS 742.240. 6…”
Lindsey v. Farmers Ins., 12 P.3d 571 (Or. Ct. App. 2000). · cites it 3× “In contrast, the legislature did not use the word “file” in ORS 742.240, which is the fire insurance suit limitation counterpart to ORS 742.”
Olson v. Nat'l Indem. Co., 829 P.2d 716 (Or. Ct. App. 1992). · cites it 3× “” ORS 742.240 provided, at the relevant times: “A fire insurance policy shall contain a provision as follows: “ ‘No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall…”
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