OAR 836-071-0269
Purpose and Authority
(1)
OAR 836-071-0269 (Purpose and Authority) to 836-071-0277 (Service Fees Allowed on Commercial Lines; Conditions) regulate the charging of service fees by insurance producers.(2)
ORS 737.025 (Purpose, intent of chapter) states, in part, that the purpose of Insurance Code Chapter 737 (Rates and Rating Organization) is “to promote the public welfare by regulating insurance rates to the end they shall not be excessive, inadequate, or unfairly discriminatory.” ORS 737.205 (Filing rates, plans with director) requires every insurer to file its rates with the Director of the Department of Consumer and Business Services. ORS 746.015 (Discrimination) prohibits unfair discrimination “between risks of essentially the same hazard in the application of rates for insurance policies or in any other terms or conditions thereof.” The Director finds that, with respect to personal lines of insurance, it is reasonable and customary for the public to consider all of the charges made by the insurer or its insurance producer to be either an insurance premium charge or a premium financing charge.(3)
OAR 836-071-0269 (Purpose and Authority) to 836-071-0277 (Service Fees Allowed on Commercial Lines; Conditions) are issued under the general rulemaking authority of ORS 731.244 (Rules):(a)
With respect to personal lines insurance coverages to give effect to the rate regulatory provisions of ORS Chapter 737 (Rates and Rating Organizations) and the anti-discrimination provisions of ORS 746.015 (Discrimination); and(b)
With respect to commercial lines insurance coverage to give effect to the provisions of ORS 746.015 (Discrimination) (Discriminations), 746.405 (Definitions for ORS 746.405 to 746.530) to 746.530 (Attorney fees) (Premium Financing) and 742.009 (Regulation of sales material) (relating to necessary information for insureds). Formerly: OAR 836-030-0050
Source:
Rule 836-071-0269 — Purpose and Authority, https://secure.sos.state.or.us/oard/view.action?ruleNumber=836-071-0269
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