OAR 836-071-0277
Service Fees Allowed on Commercial Lines; Conditions
(1)
Service fees may be charged with respect to the transaction of insurance that covers other than an individual’s person, property, or liability.(2)
Except as authorized in ORS 744.091 (Additional conditions under which person licensed as insurer or insurance producer may charge commission or service fee) and 744.093 (Solicitation or sale of insurance policy by retail insurance producer or wholesale insurance producer), a service fee may be charged only in those instances where the insurance producer has provided service additional to what is the usual and customary practice of insurance producers under similar circumstances. The insurance producer must give a written explanation of the charge and the reason for it to the person charged. If OAR 836-071-0260 (Fees Charged by Insurance Producers) or 836-071-0263 (Fees Charged by Insurance Consultants or Insurance Producers) applies to the transaction in which a service fee is charged under this rule, the insurance producer may include the written explanation with the disclosure required by 836-071-0260 (Fees Charged by Insurance Producers) or 836-071-0263 (Fees Charged by Insurance Consultants or Insurance Producers) or provide the written explanation separately.(3)
A service fee may not be charged with respect to arranging the financing of premium payments. This does not preclude finance charges by insurance producers on their own accounts, or service charges by premium finance companies, which conform to the provisions of ORS 746.405 (Definitions for ORS 746.405 to 746.530) to 746.530 (Attorney fees).
Source:
Rule 836-071-0277 — Service Fees Allowed on Commercial Lines; Conditions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=836-071-0277
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