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Oregon Revised Statutes

Or. Rev. Stat. § 742.246 (2026)

Other fire insurance policy provisions permitted

✓ current as of May 2026
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      742.246 Other fire insurance policy provisions permitted. (1) A fire insurer may add to the provisions required by ORS 742.202 other conditions, provisions and agreements not in conflict with law or contrary to public policy.

      (2) Any provision restricting or abridging the rights of the insured under the policy must be preceded by a sufficiently explanatory title printed or written in type not smaller than eight-point capital letters.

      (3) This section applies only to standard fire insurance policies as described in ORS 742.202 and does not apply to any other insurance policies. [Formerly 744.130 and then 743.669; 2001 c.85 §2]

Notes of Decisions
Cited in 8 cases, 1996–2019 · leading case: Summit Real Est. Mgmt., LLC v. Mid-Century Ins. Co., 445 P.3d 905 (Or. Ct. App. 2019).
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Summit Real Est. Mgmt., LLC v. Mid-Century Ins. Co., 445 P.3d 905 (Or. Ct. App. 2019). · cites it 15× “We begin with Summit's contention that the coverage limitations, on which Mid-Century relied-including the limitation that Mid-Century will pay "only for loss or damage you sustain through acts committed or events occurring during the Policy Period"-are unenforceable as a matter…”
Fleming v. United Servs. Auto. Ass'n, 996 P.2d 501 (Or. 2000). · cites it 33× “) ORS 742.246 provides: “(1) A fire insurer may add, to the provisions required by ORS 742.”
Fleming v. United Servs. Auto. Assn., 988 P.2d 378 (Or. 1999). · cites it 20× “Plaintiff moved for judgment on the pleadings on the ground *455 that the policy violated ORS 742.246(2) 1 because the pollution exclusion clause did not appear under a title that identified it as an exclusion.”
Rick Franklin Corp. v. State, 140 P.3d 1136 (Or. Ct. App. 2006). · cites it 9× “ORS 742.246 (1999) provided, in part: “(1) A fire insurer may add to the provisions required by ORS 742.”
Robben & Sons Heating, Inc. v. Mid-Century Ins., 74 P.3d 1141 (Or. Ct. App. 2003). “Reversed and remanded for entry of judgment for plaintiff. 1 Eventually, Plumb was prosecuted for her misconduct and pled guilty to multiple counts of aggravated theft.”
Traders & Gen. Ins. v. Freeman, 81 F. Supp. 2d 1070 (D. Or. 2000). “ORS 742.246. That statute allows a fire insurer to add other conditions, provisions, and agreements to the provisions required by ORS 742.”
Fleming v. United Servs. Auto. Ass'n, 925 P.2d 140 (Or. Ct. App. 1996). · cites it 2× “” ORS 742.246 provides: “(1) A fire insurer may add, to the provisions required by ORS 742.”
Salvador v. Allstate Ins. Co., 235 F. Supp. 2d 1107 (D. Or. 2001). · cites it 4× “Each party has moved for partial summary judgment on the narrow issue of whether the exclusionary language in the policy violates ORS 742.246(2), which provides that: (2) Any provision restricting or abridging the rights of the insured under the policy must be preceded by a…”
— Or. Rev. Stat. § 742.246(1) — 2 cases
Fleming v. United Servs. Auto. Ass'n, 996 P.2d 501 (Or. 2000). “) ORS 742.246 provides: “(1) A fire insurer may add, to the provisions required by ORS 742.”
Rick Franklin Corp. v. State, 140 P.3d 1136 (Or. Ct. App. 2006). “ORS 742.246 (1999) provided, in part: “(1) A fire insurer may add to the provisions required by ORS 742.”
— Or. Rev. Stat. § 742.246(2) — 7 cases
Fleming v. United Servs. Auto. Assn., 988 P.2d 378 (Or. 1999). “Plaintiff moved for judgment on the pleadings on the ground *455 that the policy violated ORS 742.246(2) 1 because the pollution exclusion clause did not appear under a title that identified it as an exclusion.”
Fleming v. United Servs. Auto. Ass'n, 996 P.2d 501 (Or. 2000). “) ORS 742.246 provides: “(1) A fire insurer may add, to the provisions required by ORS 742.”
Summit Real Est. Mgmt., LLC v. Mid-Century Ins. Co., 445 P.3d 905 (Or. Ct. App. 2019). “We begin with Summit's contention that the coverage limitations, on which Mid-Century relied-including the limitation that Mid-Century will pay "only for loss or damage you sustain through acts committed or events occurring during the Policy Period"-are unenforceable as a matter…”
Rick Franklin Corp. v. State, 140 P.3d 1136 (Or. Ct. App. 2006). “ORS 742.246 (1999) provided, in part: “(1) A fire insurer may add to the provisions required by ORS 742.”
Robben & Sons Heating, Inc. v. Mid-Century Ins., 74 P.3d 1141 (Or. Ct. App. 2003). “Reversed and remanded for entry of judgment for plaintiff. 1 Eventually, Plumb was prosecuted for her misconduct and pled guilty to multiple counts of aggravated theft.”
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