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Oregon Revised Statutes

Or. Rev. Stat. § 746.045 (2026)

Prohibition on rebates; exceptions; rules

✓ current as of May 2026
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      746.045 Prohibition on rebates; exceptions; rules. (1) A person may not personally or otherwise offer, promise, allow, give, set off, pay or receive, directly or indirectly, any rebate of or rebate of part of the premium payable on an insurance policy or the insurance producer’s commission on an insurance policy, or earnings, profit, dividends or other benefit founded, arising, accruing or to accrue on or from the policy, or any other valuable consideration or inducement to or for insurance on any domestic risk, which is not specified in the policy.

      (2) A premium discount or rebate is not prohibited by this section if the discount or rebate is:

      (a) Offered in connection with a program of health promotion or disease prevention, as described in 42 U.S.C. 300gg-4;

      (b) Paid for participation in a program to promote healthy behaviors under ORS 743.824; or

      (c) Offered in connection with a wellness program defined by the Department of Consumer and Business Services by rule.

      (3) This section does not prohibit giving, as a form of advertising, as a promotional program or as promotional material, a prize, goods, wares, merchandise, articles or property with an aggregate value of not more than $100 in a calendar year to a person other than a person to whom an insurer issues health insurance, as defined in ORS 731.162, or a health benefit plan, as defined in ORS 743B.005. [1967 c.359 §571; 2003 c.364 §135; 2013 c.681 §35a; 2017 c.327 §1]

 

      746.050 [Amended by 1961 c.256 §4; repealed by 1967 c.359 §704]

Notes of Decisions
Cited in 2 cases, 1983–1984 · leading case: Mountain Fir Lumber Co. v. Emp. Benefits Ins. Co., 667 P.2d 567 (Or. Ct. App. 1983).
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Mountain Fir Lumber Co. v. Emp. Benefits Ins. Co., 667 P.2d 567 (Or. Ct. App. 1983). · cites it 12× “035 and ORS 746.045, and that there can be no fraud action, because there is no right to rely on an illegal promise.”
Mountain Fir Lumber Co. v. Emp. Benefits Ins., 679 P.2d 296 (Or. 1984). · cites it 3× “035 and ORS 746.045: ORS 746.035: “Except as otherwise expressly provided by the Insurance Code, no person shall permit, offer to make or make any contract of insurance, or agreement as to such contract, unless all agreements or understandings by way of inducement are plainly…”
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