ORS 731.174
“Marine and transportation insurance.”

“Marine and transportation insurance” includes:

(1)

Insurance against any and all kinds of loss of or damage to:

(a)

Vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any and all risks or perils of navigation, transit or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders’ risks, and all personal property floater risks including bailees’ customers risks;

(b)

Person or to property in connection with or appertaining to a marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance or use of the subject matter of such insurance (but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance or use of automobiles);

(c)

Precious stones, jewels, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise and whether the same is in course of transportation or otherwise; and

(d)

Bridges, tunnels and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion, or any of them, are the only hazards to be covered; piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion or any of them; other aids to navigation and transportation, including dry docks and marine railways, against all risks.

(2)

Marine protection and indemnity insurance meaning insurance against, or against legal liability of the insured for, loss, damage or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair or construction of any vessel, craft or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness or death or for loss of or damage to the property of another person. [Formerly 745.005]

Source: Section 731.174 — “Marine and transportation insurance.”, https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html.

Notes of Decisions

Insurance tailored to coverage of liabilities created by Federal Water Pollution Control Act was more like statutory definition of general marine insurance than that of wet marine insurance. Port of Portland v. Water Quality Insurance Syndicate, 796 F2d 1188 (1986)

731.004
Short title 731.008
Purpose of Insurance Code 731.012
Effect of federal law 731.016
Construction of Insurance Code 731.022
Compliance with Insurance Code required 731.026
Application of Insurance Code to particular insurers 731.028
Applicability of certain Insurance Code provisions to State Accident Insurance Fund Corporation 731.036
Persons completely exempt from application of Insurance Code 731.038
Application of Insurance Code to charitable organizations that issue charitable gift annuities 731.039
Requirements for certain educational institutions or nonprofit corporations issuing charitable gift annuities 731.042
Certificate of exemption 731.046
Exemption of policies from Securities Law 731.052
Insurance Code definitions 731.056
“Action.” 731.066
“Authorized,” “unauthorized” insurer 731.069
“Certificate,” “certificate holder.” 731.072
“Certificate of authority,” “license.” 731.074
“Commercial liability insurance.” 731.075
“Covered life.” 731.076
“Department,” “director.” 731.082
“Domestic,” “foreign,” “alien” insurer 731.086
“Domestic risk.” 731.092
“Domicile.” 731.096
“Domicile of alien insurer.” 731.097
“Essential health benefits.” 731.098
“Group health insurance.” 731.099
“Independently procured insurance.” 731.102
“Insurance.” 731.104
“Insurance producer.” 731.106
“Insurer.” 731.112
“Judgment.” 731.114
“Limited benefit coverage.” 731.116
“Person.” 731.122
“Policy.” 731.126
“Reinsurance.” 731.132
“Required capitalization.” 731.136
“State.” 731.142
“Stock,” “mutual” and “reciprocal” insurer 731.144
“Surplus lines insurance.” 731.146
“Transact insurance.” 731.150
Definitions of classes of insurance not mutually exclusive 731.154
“Annuity.” 731.156
“Variable life insurance” 731.158
“Casualty insurance.” 731.162
“Health insurance.” 731.164
“Home protection insurance,” “home protection insurer.” 731.166
“Industrial life insurance.” 731.170
“Life insurance” 731.174
“Marine and transportation insurance.” 731.178
“Mortgage insurance.” 731.182
“Property insurance.” 731.186
“Surety insurance.” 731.190
“Title insurance.” 731.194
“Wet marine and transportation insurance.” 731.216
Administrative power of director 731.228
Prohibited interests and rewards 731.232
Subpoena power 731.236
General powers and duties 731.240
Hearings in general 731.244
Rules 731.248
Orders 731.252
Cease and desist orders 731.256
Enforcement generally 731.258
Enforcement of orders and decisions by Attorney General 731.259
Requirement for written notice to insured 731.260
False or misleading filings 731.264
Complaints and investigations confidential 731.268
Use of reproductions and certified copies as evidence 731.272
Director’s annual reports 731.276
Recommendations for changes in Insurance Code 731.280
Publications authorized 731.282
Authority to sell publications 731.284
Distribution of insurance laws 731.288
Recording complaints 731.292
Disposition of fees, charges, taxes, penalties and other moneys 731.296
Director’s inquiries 731.300
Examination of insurers 731.302
Appointment of examiners 731.304
Investigation of persons transacting insurance 731.308
Procedure at examination or investigation 731.312
Report of examination 731.314
Immunity for director, examiner and others 731.316
Expenses of examination of insurer 731.324
Service of process on Secretary of State 731.328
Deposits by unauthorized insurers in actions or proceedings 731.354
Certificate of authority required 731.356
Unauthorized insurance transaction enforcement 731.358
Requirements of domestic insurers generally 731.362
Requirements of foreign or alien insurers generally 731.363
Authorized foreign insurer becoming domestic insurer 731.364
Domestic insurer transferring domicile to another state 731.365
Effect of transfer of domicile by domestic or foreign insurer 731.367
Transfer of domicile by unincorporated authorized foreign insurer 731.369
Requirements of reciprocal insurers generally 731.370
Reciprocal insurer’s financial statement 731.371
Powers of reciprocal insurer regarding real estate 731.374
Exemptions to certificate of authority requirement 731.378
Foreign and alien insurers exempt from laws governing admission of foreign and alien corporations 731.380
Authority of foreign and alien insurers to take, acquire, hold and enforce notes secured by mortgages 731.381
Exemption from taxes for foreign and alien insurers engaging in activities authorized by ORS 731.380 731.382
General eligibility for certificate of authority 731.385
Standards for determining whether continued operation of insurer is hazardous 731.386
Management of insurers 731.390
Government insurers not to be authorized 731.394
Combinations of insuring powers in one insurer 731.396
Certificate of authority and good financial condition required to issue variable life insurance or variable annuity policies 731.398
Amendment of certificate of authority 731.402
Issuance or refusal of certificate of authority 731.406
What certificate evidences 731.410
Continuance, expiration or reinstatement of certificate of authority 731.414
Suspension or revocation of certificate of authority 731.418
Grounds for suspension or revocation of certificate of authority 731.422
Order of suspension, revocation or refusal 731.426
Duration of suspension 731.428
Written consent to engage or participate in business of insurance 731.430
Name of insurer 731.434
Registered office and agent 731.438
Title plant requirement for title insurers 731.439
Satisfaction of requirements of ORS 731.438 (1) by certain title plants 731.442
Prohibition on transacting life insurance business on mutual assessment plan 731.446
Policyholder deposits 731.450
Unrelated business prohibited 731.454
Domestic insurers not to transact business in jurisdiction where not authorized 731.458
Exchange of reciprocal or interinsurance contracts 731.462
Nonassessable policies of reciprocal insurer 731.466
Power of attorney for reciprocal insurer 731.470
Attorney for reciprocal insurer 731.475
Claims processing by workers’ compensation insurer 731.480
Workers’ compensation policies 731.482
Withdrawal from, failure to renew or cancellation of line by commercial liability insurer 731.484
Prohibition on certain sales related to group health and group life insurance 731.485
Conditions under which insurer may limit insured’s choice of drug outlets and pharmacies 731.486
Exemption from definition of “transact insurance” for group health and life policies 731.488
Annual audit of insurer 731.492
Required notification to claimant upon insurer’s payment to settle third-party liability claim 731.504
Limit of risk 731.508
Approved reinsurance 731.509
Legislative intent 731.510
Criteria for allowing reduction from liability for reinsurance 731.511
Criteria to be met by assuming insurer in order to be accredited as reinsurer 731.512
Withdrawal of insurer 731.514
Ceding insurer’s management of reinsurance recoverables 731.516
Mortgage insurance limitation 731.520
Conditions that insurers assuming ceded reinsurance must meet for allowance of credit 731.554
Capital and surplus requirements 731.562
Title insurer capital and surplus requirements 731.566
Reciprocal insurer surplus requirements 731.570
Withdrawing advancements made to reciprocal insurer 731.574
Annual financial statement 731.590
“Insurer” defined for ORS 731.592 and 731.594 731.592
Reporting criminal conduct involving insurance 731.594
Immunity from civil liability 731.604
Acceptance of deposits of insurers 731.608
Purpose of deposit 731.612
Rights of insurer regarding deposits 731.616
Valuation of deposits 731.620
Assignment of deposited securities 731.624
Special deposits 731.628
Deposit required of workers’ compensation insurers 731.632
Deposit required of domestic reciprocal insurers 731.636
Deposit or trusteed assets of alien insurer required 731.640
Eligible deposits 731.642
Contracts for security deposits 731.644
Payment of losses out of deposits, generally 731.648
Duration and release of deposit 731.652
Proofs for release of deposit to insurers 731.730
Insurer filings with National Association of Insurance Commissioners 731.731
Immunity for certain persons dealing with information collected from filings under ORS 731.730 731.735
Certain information confidential 731.737
Immunity from liability for certain persons filing reports or furnishing information about specified activities to specified persons 731.750
Confidentiality of report of material acquisitions or dispositions of assets, material nonrenewals, cancellations and revisions of ceded reinsurance agreements 731.752
Confidentiality of report used for determination of required amount of capital or surplus 731.754
Permissible uses of reports and plans described in ORS 731.752 731.760
Definitions for ORS 731.760 to 731.770 731.761
Privileged information 731.762
Authority of director 731.764
Waiver of privilege 731.766
Petition for in camera hearing 731.768
Privilege 731.770
Other privileges or limitations pertaining to audit document 731.804
Assessments 731.808
“Gross amount of premiums” defined 731.812
Foreign and alien insurer’s report of Oregon business 731.820
Gross premium tax on fire insurance premiums 731.822
Prepayment of tax due 731.824
Tax on underwriting profits of wet marine and transportation insurers 731.828
Computation of wet marine and transportation insurance tax 731.830
Premium tax on gross amount of premiums insurer receives for wet marine and transportation insurance 731.833
Record keeping requirements for wet marine and transportation insurance contracts 731.834
Insurance producer’s collection of taxes on wet marine and transportation insurance 731.836
Limitation on enforcement of insurer’s tax obligations 731.840
Retaliatory or corporate excise tax in lieu of certain taxes and assessments 731.841
Conditions under which local authority to tax insurer is preempted 731.842
Adjustment of amount to be prepaid for taxes 731.844
No personal liability for paying invalid tax 731.854
Retaliatory tax 731.859
Applicability of retaliatory provisions 731.870
State of emergency 731.988
Civil penalties 731.992
Criminal penalty
Green check means up to date. Up to date

Current through early 2024

§ 731.174’s source at oregon​.gov