OAR 836-085-0045
Unfair Trade Practices
(1)
Failure of an insurer to comply with OAR 836-085-0010 (Midterm Cancellation) to 836-085-0050 (Proof of Notice) constitutes an unfair trade practice under ORS 746.240 (Undefined trade practices injurious to public prohibited).(2)
A midterm premium increase or a policy coverage reduction attempted or executed in nonconformance with ORS 737.330 (Contracts to comply with effective filings) or 742.003 (Filing and approval of policy forms) constitutes an unfair trade practice under 746.240 (Undefined trade practices injurious to public prohibited).(3)
Block Cancellations or Nonrenewals of entire lines of insurance or withdrawal of classes of business are presumed to be unfairly discriminatory and constitute an unfair trade practice under ORS 746.240 (Undefined trade practices injurious to public prohibited), unless prior authorization is received.(4)
Termination of an appointed insurance producer, or an attempt to terminate an appointed insurance producer solely to achieve block cancellation or nonrenewal of entire lines of insurance or other such instant reunderwriting of an insurance producer book of business is presumed to constitute an unfair trade practice under ORS 746.240 (Undefined trade practices injurious to public prohibited) and an unfair trade practice detrimental to free competition under 746.160 (Practices injurious to free competition).(5)
Any nonrenewal must be for justifiable cause.(6)
Inability to substantiate justifiable cause for nonrenewal will be subject to Insurance Division review.(7)
Unjustified nonrenewals of such frequency as to indicate a general business practice are presumed to constitute an unfair trade practice under ORS 746.240 (Undefined trade practices injurious to public prohibited).
Source:
Rule 836-085-0045 — Unfair Trade Practices, https://secure.sos.state.or.us/oard/view.action?ruleNumber=836-085-0045.