OAR 836-080-0180
Duties of Insurers and of Insurance Producers


(1)

As used in this rule, “FINRA” means the Financial Industry Regulatory Authority or a succeeding agency.

(2)

In addition to the disclosure requirements of OAR 836-051-0900 (Purpose; Authority) to 836-051-0925 (Trade Practice Regulation), in recommending to a consumer the purchase of an annuity or the exchange of an annuity that results in another insurance transaction or series of insurance transactions, the insurance producer, or the insurer where no insurance producer is involved, shall have reasonable grounds for believing that the recommendation is suitable for the consumer on the basis of the facts disclosed by the consumer as to his or her investments and other insurance products and as to his or her financial situation and needs, including the consumer’s suitability information, and that there is a reasonable basis to believe all of the following:

(a)

The consumer has been reasonably informed of various features of the annuity, such as the potential surrender period and surrender charge, potential tax penalty if the consumer sells, exchanges, surrenders or annuitizes the annuity, mortality and expense fees, investment advisory fees, potential charges for and features of riders, limitations on interest returns, insurance and investment components and market risk;

(b)

The consumer would benefit from certain features of the annuity, such as tax deferred growth, annuitization or death or living benefit;

(c)

The particular annuity as a whole, the underlying subaccounts to which funds are allocated at the time of purchase or exchange of the annuity, and riders and similar product enhancements, if any, are suitable (and in the case of an exchange or replacement, the transaction as a whole is suitable) for the particular consumer based on his or her suitability information; and

(d)

In the case of an exchange or replacement of an annuity, the exchange or replacement is suitable including taking into consideration whether:

(A)

The consumer will incur a surrender charge, be subject to the commencement of a new surrender period, lose existing benefits (such as death, living or other contractual benefits), or be subject to increased fees, investment advisory fees or charges for riders and similar product enhancements;

(B)

The consumer would benefit from product enhancements and improvements; and

(C)

The consumer has had another annuity exchange or replacement and, in particular, an exchange or replacement within the preceding 36 months.

(3)

Prior to the execution of a purchase, exchange or replacement of an annuity resulting from a recommendation, an insurance producer, or an insurer where no insurance producer is involved, shall make reasonable efforts to obtain the consumer’s suitability information

(4)

Except as permitted under section (3) of this rule, an insurer shall not issue an annuity recommended to a consumer unless there is a reasonable basis to believe the annuity is suitable based on the consumer’s suitability information.

(5)

Intentionally left blank —Ed.

(a)

Except as provided under subsection (b) of this section, neither an insurance producer, nor an insurer, shall have any obligation to a consumer under subsection A or C related to any annuity transaction if:

(A)

No recommendation is made;

(B)

A recommendation was made and was later found to have been prepared based on materially inaccurate information provided by the consumer;

(C)

A consumer refuses to provide relevant suitability information and the annuity transaction is not recommended; or

(D)

A consumer decides to enter into an annuity transaction that is not based on a recommendation of the insurer or the insurance producer.

(b)

An insurer’s issuance of an annuity subject to subsection (a) of this section shall be reasonable under all the circumstances actually known to the insurer at the time the annuity is issued.

(6)

An insurance producer or, where no insurance producer is involved, the responsible insurer representative, shall at the time of sale:

(a)

Make a record of any recommendation subject to section (2) of this rule;

(b)

Obtain a customer signed statement documenting a customer’s refusal to provide suitability information, if any; and

(c)

Obtain a customer signed statement acknowledging that an annuity transaction is not recommended if a customer decides to enter into an annuity transaction that is not based on the insurance producer’s or insurer’s recommendation.

(7)

Intentionally left blank —Ed.

(a)

An insurer shall establish a supervision system that is reasonably designed to achieve the insurer’s and its insurance producers’ compliance with OAR 836-080-0170 (Statutory Authority; Purpose) to 836-080-0190 (Annuity Sales; Disclosure Not a Defense). The supervision system must include but need not be limited to, the following:

(A)

The insurer shall maintain reasonable procedures to inform its insurance producers of the requirements of OAR 836-080-0170 (Statutory Authority; Purpose) to 836-080-0190 (Annuity Sales; Disclosure Not a Defense) and shall incorporate the requirements of OAR 836-080-0170 (Statutory Authority; Purpose) to 836-080-0190 (Annuity Sales; Disclosure Not a Defense) into relevant insurance producer training manuals;

(B)

The insurer shall establish standards for insurance producer product training and shall maintain reasonable procedures to require its insurance producers to comply with the requirements of OAR 836-080-0185 (Compliance Mitigation; Penalties);

(C)

The insurer shall provide product-specific training and training materials that explain all material features of its annuity products to its insurance producers;

(D)

The insurer shall maintain procedures to review each recommendation prior to issuance of an annuity that are designed to ensure that there is a reasonable basis to determine that a recommendation is suitable. The review procedures may apply a screening system for the purpose of identifying selected transactions for additional review and may be accomplished electronically or through other means including, but not limited to, physical review. An electronic or other system may be designed to require additional review only of those transactions identified for additional review by the selection criteria;

(E)

The insurer shall maintain a reasonable procedure to detect recommendations that are not suitable. The procedure may include, but need not be limited to, confirmation of consumer suitability information, systematic customer surveys, interviews, confirmation letters and programs of internal monitoring. Nothing in this paragraph prevents an insurer from complying with this paragraph by applying sampling procedures, or by confirming suitability information after issuance or delivery of the annuity; and

(F)

The insurer annually shall provide a report to senior management, including to the senior manager responsible for audit functions, which details a review, with appropriate testing, reasonably designed to determine the effectiveness of the supervision system, the exceptions found, and corrective action taken or recommended, if any.

(b)

Intentionally left blank —Ed.

(A)

Nothing in this section restricts an insurer from contracting for performance of a function (including maintenance of procedures) required under subsection (a) of this section. An insurer is responsible for taking appropriate corrective action and may be subject to sanctions and penalties under OAR 836-080-0185 (Compliance Mitigation; Penalties) regardless of whether the insurer contracts for performance of a function and regardless of the insurer’s compliance with subparagraph (B) of this paragraph.

(B)

An insurer’s supervision system under subsection (a) of this section shall include supervision of contractual performance under this subsection. The supervision must include, but is not limited to, the following:
(i)
Monitoring and, as appropriate, conducting audits to assure that the contracted function is properly performed; and
(ii)
Annually obtaining a certification from a senior manager who has responsibility for the contracted function that the manager has a reasonable basis to represent, and does represent, that the function is properly performed.

(C)

An insurer is not required to include in its system of supervision an insurance producer’s recommendations to consumers of products other than the annuities offered by the insurer.

(8)

An insurance producer shall not dissuade, or attempt to dissuade, a consumer from:

(a)

Truthfully responding to an insurer’s request for confirmation of suitability information;

(b)

Filing a complaint; or

(c)

Cooperating with the investigation of a complaint.

(9)

Intentionally left blank —Ed.

(a)

Sales made in compliance with FINRA requirements pertaining to suitability and supervision of annuity transactions shall satisfy the requirements under OAR 836-080-0170 (Statutory Authority; Purpose) to 836-080-0190 (Annuity Sales; Disclosure Not a Defense). This subsection applies to FINRA broker-dealer sales of variable annuities and fixed annuities if the suitability and supervision is similar to those applied to variable annuity sales. However, nothing in this subsection shall limit the director’s ability to investigate and enforce the provisions of 836-080-0170 (Statutory Authority; Purpose) to 836-080-0190 (Annuity Sales; Disclosure Not a Defense).

(b)

In order for subsection (b) to apply, an insurer shall:

(A)

Monitor the FINRA member broker-dealer using information collected in the normal course of an insurer’s business; and

(B)

Provide to the FINRA member broker-dealer information and reports that are reasonably appropriate to assist the FINRA member broker-dealer to maintain its supervision system.

Source: Rule 836-080-0180 — Duties of Insurers and of Insurance Producers, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=836-080-0180.

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 836-080-0180’s source at or​.us