ORS 742.016
Policy constitutes entire contract; oral representations by insured


(1)

Except as provided in ORS 742.043 (Binders), every contract of insurance shall be construed according to the terms and conditions of the policy. When the contract is made pursuant to a written application therefor, if the insurer delivers a copy of such application with the policy to the insured, thereupon such application shall become a part of the insurance policy. Any application that is not so delivered to the insured shall not be a part of the insurance policy and the insurer shall be precluded from introducing such application as evidence in any action based upon or involving the policy. Any oral representations by the insured that are not included in an application shall not be a part of the insurance policy and the insurer shall be precluded from introducing such representations as evidence in any action based upon or involving the policy.

(2)

If any life or health insurance policy is reinstated or renewed, and the insured or assignee or beneficiary with a vested interest under such policy shall make written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within 30 days after the receipt at its home or branch office of such request and of satisfactory evidence of such requesting beneficiary’s vested interest, deliver or mail to the person making such request a copy of such application. If such copy shall not be so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action based upon or involving such policy or its reinstatement or renewal.

(3)

This section does not apply to surety insurance. [Formerly 736.305 and then 743.045]

(formerly 743.045)

See also annotations under ORS 743.045 in permanent edition.

Notes of Decisions

Where application that plaintiff signed and which was part of insurance contract provided policy could be canceled if plaintiff omitted any material preexisting health condition and plaintiff failed to list breast condition, Pacific Hospital Association could cancel policy. Martin v. Pacific Hospital Assoc., 101 Or App 37, 788 P2d 1029 (1990)


Source
Last accessed
May. 15, 2020