OAR 836-080-0001
Statutory Authority; Purpose; Applicability

(1)

OAR 836-080-0001 (Statutory Authority; Purpose; Applicability) to 836-080-0043 (Violations and Penalties) are adopted pursuant to the general rulemaking authority of the Director of the Department of Consumer and Business Services in ORS 731.244 (Rules) and the specific authority in 746.085 (Regulating replacement of life insurance)(1), for the purpose of implementing 746.085 (Regulating replacement of life insurance) and 746.240 (Undefined trade practices injurious to public prohibited).

(2)

The purpose of OAR 836-080-0001 (Statutory Authority; Purpose; Applicability) to 836-080-0043 (Violations and Penalties) is to protect the insurance-buying public in insurance transactions involving the replacement of life insurance or annuities by:

(a)

Regulating the activities of insurers and insurance producers with respect to the replacement of existing life insurance and annuities.

(b)

Protecting the interests of life insurance and annuity purchasers by establishing minimum standards of conduct to be observed in replacement or financed purchase transactions. OAR 836-080-0001 (Statutory Authority; Purpose; Applicability) to 836-080-0043 (Violations and Penalties) are intended to:

(A)

Assure that a purchaser receives information with which a decision can be made in the purchaser’s own best interest;

(B)

Reduce the opportunity for misrepresentation and incomplete disclosure; and

(C)

Establish penalties for failure to comply with requirements of OAR 836-080-0001 (Statutory Authority; Purpose; Applicability) to 836-080-0043 (Violations and Penalties).

(3)

In OAR 836-080-0001 (Statutory Authority; Purpose; Applicability) to 836-080-0043 (Violations and Penalties) and the appendices thereto, for purposes of consistency with the Life Insurance and Annuities Replacement Model Regulation of the National Association of Insurance Commissioners dated July 2000, an annuity is referred to as a contract and a life insurance policy is referred to as a policy, and they are subject to 836-080-0001 (Statutory Authority; Purpose; Applicability) to 836-080-0043 (Violations and Penalties) on the basis of that terminology.

(4)

Unless otherwise specifically included, OAR 836-080-0001 (Statutory Authority; Purpose; Applicability) to 836-080-0043 (Violations and Penalties) do not apply to transactions involving:

(a)

Credit life insurance;

(b)

Group life insurance or group annuities, when there is no direct solicitation of individuals by an insurance producer. Direct solicitation does not include any group meeting held by an insurance producer solely for the purpose of educating or enrolling individuals or, when initiated by an individual member of the group, assisting with the selection of investment options offered by a single insurer in connection with enrolling that individual. Group life insurance or group annuity certificates marketed through direct response solicitation are subject to the provisions of OAR 836-080-0039 (Duties of Insurers with Respect to Direct Response Solicitations);

(c)

An application to the existing insurer that issued the existing policy or contract when a contractual change or a conversion privilege is being exercised; or, when the existing policy or contract is being replaced by the same insurer pursuant to a program filed with and approved by the Director; or when a term conversion privilege is exercised among corporate affiliates;

(d)

Proposed life insurance that is to replace life insurance under a binding or conditional receipt issued by the same insurer;

(e)

Intentionally left blank —Ed.

(A)

Policies or contracts used to fund any of the following:
(i)
An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);
(ii)
A plan described by Section 401(a), 401(k) or 403(b) of the Internal Revenue Code, when the plan, for purposes of ERISA, is established or maintained by an employer;
(iii)
A governmental or church plan defined in Section 414 of the Internal Revenue Code, a governmental or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under Section 457 of the Internal Revenue Code; or
(iv)
A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor.

(B)

Notwithstanding paragraph (A) of this subsection, OAR 836-080-0001 (Statutory Authority; Purpose; Applicability) to 836-080-0043 (Violations and Penalties) apply to policies or contracts used to fund any plan or arrangement that is funded solely by contributions an employee elects to make, whether on a pre-tax or after-tax basis, and when the insurer has been notified that plan participants may choose from among two or more insurers and there is a direct solicitation of an individual employee by an insurance producer for the purchase of a contract or policy. As used in this subsection, direct solicitation does not include any group meeting held by an insurance producer solely for the purpose of educating individuals about the plan or arrangement or enrolling individuals in the plan or arrangement or, when initiated by an individual employee, assisting with the selection of investment options offered by a single insurer in connection with enrolling that individual employee;

(f)

When new coverage is provided under a life insurance policy or contract and the cost is borne wholly by the insured’s employer or by an association of which the insured is a member;

(g)

Existing life insurance that is a non-convertible term life insurance policy that will expire in five years or less and cannot be renewed;

(h)

Immediate annuities that are purchased with proceeds from an existing contract. Immediate annuities purchased with proceeds from an existing policy are not exempted from the requirements of OAR 836-080-0001 (Statutory Authority; Purpose; Applicability) to 836-080-0043 (Violations and Penalties); or

(i)

Structured settlements.

(5)

Registered contracts are exempt from the requirements of OAR 836-080-0029 (Duties of Replacing Insurers that Use Agents)(1)(b) and 836-080-0034 (Duties of the Existing Insurer)(2) with respect to the provision of illustrations or policy summaries, but premium or contract contribution amounts and identification of the appropriate prospectus or offering circular shall be required instead.

Source: Rule 836-080-0001 — Statutory Authority; Purpose; Applicability, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-080-0001.

836–080–0001
Statutory Authority 836–080–0005
Definitions 836–080–0014
Duties of Agent 836–080–0022
Duties of Insurers that Use Agents Insurance Producers 836–080–0029
Duties of Replacing Insurers that Use Agents 836–080–0034
Duties of the Existing Insurer 836–080–0039
Duties of Insurers with Respect to Direct Response Solicitations 836–080–0043
Violations and Penalties 836–080–0050
Authority 836–080–0055
Unfair Discrimination Identified 836–080–0080
Definition, Claims Handling Services 836–080–0085
Annual Report 836–080–0090
Suitability in the Sale of Life Insurance 836–080–0105
Statutory Authority 836–080–0110
Applicability 836–080–0115
Definitions 836–080–0120
Statement as to Participation Required Upon Request Before Delivery of Policy 836–080–0125
Prohibited Representations Regarding Participation Rights 836–080–0130
Dividend Statement Permitted 836–080–0135
Dividend Rights Accrue Upon Declaration of Dividends 836–080–0140
Unfair Discrimination in Allocation of Dividends Prohibited 836–080–0145
Unfair Forfeiture of Dividend for Failure to Renew Prohibited 836–080–0150
Policyholder Dividend Rights of Group Members and Dividend Group Policyholders 836–080–0155
False or Deceptive Publications by Insurer Prohibited 836–080–0160
Use of Special Certifications and Professional Designations by Insurance Producers 836–080–0165
Notice of Insurance Division Assistance 836–080–0170
Statutory Authority 836–080–0172
Applicability 836–080–0175
Exemptions 836–080–0178
Definitions 836–080–0180
Duties of Insurers and of Insurance Producers 836–080–0183
Insurance Producer Training 836–080–0185
Compliance Mitigation 836–080–0188
Recordkeeping 836–080–0190
Annuity Sales 836–080–0193
Effective Date and Operative Date 836–080–0200
Electronic Payment of Claims 836–080–0205
Statutory Authority, Purpose, and Applicability 836–080–0210
Definitions 836–080–0215
Claim Files 836–080–0220
Misrepresentation and Other Prohibited Claim Practices 836–080–0225
Required Claim Communication Practices 836–080–0230
Standard for Prompt Claim Investigation 836–080–0235
Standards for Prompt and Fair Settlements — Generally 836–080–0240
Standards for Prompt and Fair Total Loss Settlements — Automobile Insurance 836–080–0250
Workers’ Compensation Insurance Unfair Claim Settlement Practices Standards 836–080–0305
Statutory Authority 836–080–0310
Definitions 836–080–0315
Providing Things of Value to Intermediaries Generally Prohibited 836–080–0320
Miscellaneous Things of Value 836–080–0325
Business Development Activities 836–080–0335
Gifts 836–080–0337
Real Property Information 836–080–0340
Assistance in Qualifying a Subdivision 836–080–0345
Automatic Change in Monetary Limits 836–080–0355
Title Insurer Responsible for Violations by Agent 836–080–0360
Use by Title Company of an Intermediary’s Office 836–080–0365
Filing Escrow Rates Required 836–080–0370
Instruction of Title Company Employees About Rules Required 836–080–0425
Applicability 836–080–0430
Disclosure of Use of Credit History or Insurance Scores 836–080–0435
Policies Governing Credit Histories and Insurance Scores 836–080–0436
Absence of or Inability to Determine Credit History 836–080–0438
Definition of Adverse Underwriting Decision 836–080–0440
Unfair Insurance Trade Practice 836–080–0501
Authority 836–080–0506
Definitions and Examples 836–080–0511
Application of Notice Requirements 836–080–0516
Initial Notice to Consumers 836–080–0519
Information to be Included in Initial Privacy Notice 836–080–0523
Annual Notice 836–080–0526
Information to be Included in Annual Notice 836–080–0531
Revised Privacy Notices 836–080–0536
Delivery 836–080–0541
Opt in Notice 836–080–0546
Limits on Sharing Account Number Information for Marketing Purposes 836–080–0551
Authorization Request Delivery 836–080–0600
Authority 836–080–0610
Definitions and Examples 836–080–0615
Personal Information Notice 836–080–0620
Notice of Personal Financial Information Practices 836–080–0625
Alternative Procedures 836–080–0630
Application of Notice Requirements 836–080–0635
Initial Notice to Consumers 836–080–0640
Information to Be Included in Initial Privacy Notice 836–080–0645
Annual Notice 836–080–0650
Information to Be Included in Annual Notice 836–080–0655
Revised Privacy Notices 836–080–0660
Delivery 836–080–0665
Authorization 836–080–0670
Authorization Exemptions 836–080–0675
Disclosure Without Authorization 836–080–0680
Opt in Notice 836–080–0685
Limits on Sharing Account Number Information for Marketing Purposes 836–080–0690
Authorization Request Delivery 836–080–0695
Access to Recorded Personal Information 836–080–0700
Correction, Amendment or Deletion of Recorded Personal Information 836–080–0750
Purpose 836–080–0755
Application of OAR 836-080-0750 to 836-080-0775 836–080–0760
Definitions for OAR 836-080-0750 to 836-080-0775 836–080–0765
Practices Declared False, Misleading, Deceptive or Unfair on a Military Installation 836–080–0770
Practices Declared False, Misleading, Deceptive or Unfair, Regardless of Location 836–080–0775
Severability 836–080–0800
Definitions 836–080–0805
Statutory Authority, Purpose, and Applicability 836–080–0810
Provision of Commercial Loss Runs
Last Updated

Jun. 8, 2021

Rule 836-080-0001’s source at or​.us