ORS 742.208
Concealment

  • fraud
  • representations by insured
A fire insurance policy shall contain the following provisions:

(1)

Subject to subsections (2) and (3) of this section, this entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof, or the interest of the insured therein, or in case of any fraud or false swearing by the insured relating thereto.

(2)

All statements made by or on behalf of the insured, in the absence of fraud, shall be deemed representations and not warranties. No such statements that arise from an error in the application shall be used in defense of a claim under the policy unless:

(a)

The statements are contained in a written application; and

(b)

A copy of the application is indorsed upon or attached to the policy when issued.

(3)

In order to use any representation by or on behalf of the insured in defense of a claim under the policy, the insurer must show that the representations are material and that the insurer relied on them. [Formerly 743.612]

Source: Section 742.208 — Concealment; fraud; representations by insured, https://www.­oregonlegislature.­gov/bills_laws/ors/ors742.­html.

See also annotations under ORS 743.612 in permanent edition.

Notes of Decisions

In action for insurance fraud or false swearing brought under this section, standard of proof is preponderance of evidence. Mutual of Enumclaw Ins. v. McBride, 295 Or 398, 667 P2d 494 (1983)

“Reliance” means ordinary reliance requiring evidence of detrimental action or change in position. Eslamizar v. American States Ins. Co., 134 Or App 138, 894 P2d 1195 (1995), Sup Ct review denied

Restriction of fraud and concealment exclusion to actions by “the insured” does not mandate similar restriction of nonconflicting contractual exclusions. Traders and General Insurance Co. v. Freeman, 81 F. Supp. 2d 1070 (D. Or. 2000)

742.001
Scope of ORS chapters 742, 743, 743A and 743B 742.003
Filing and approval of policy forms 742.004
Exemptions from requirement to file rates and policy forms 742.005
Grounds for disapproval of policy forms 742.007
Director’s withdrawal of approval 742.008
Health savings account exemption from prohibition on deductible 742.009
Regulation of sales material 742.011
Insurable interest in property 742.013
Representations in applications 742.016
Policy constitutes entire contract 742.018
Provision for construction according to foreign law prohibited 742.021
Standard provisions in general 742.023
Contents of policies in general 742.026
Underwriters’ and combination policies 742.028
Additional policy contents 742.031
Bankruptcy clause required in certain liability policies 742.033
Charter and bylaw provisions 742.036
Assessment policies, special contents 742.038
Validity and construction of noncomplying forms 742.041
Permissible classes of insurance in one policy 742.043
Binders 742.046
Delivery of policy 742.048
Effective date and time of coverage 742.051
Renewal by certificate 742.053
Forms for proof of loss 742.056
Certain conduct not deemed waiver 742.058
Return of premium on destruction of property 742.061
Recovery of attorney fees in action on policy or contractor’s bond 742.063
Filing and approval of liability form that includes cost of defense within limits of liability 742.065
Insurance against risk of loss assumed under less than fully insured employee health benefit plan 742.150
Approval by director 742.152
Limitations on applicability of ORS 742.150 742.154
Factors to be considered by director in determining whether to approve assumption reinsurance agreement 742.156
Notice of transfer under assumption reinsurance agreement 742.158
Rejection of transfer by policyholder 742.160
Effect of novation of policy under assumption reinsurance agreement 742.162
Transfer and novation of policy effected by director 742.200
Fire insurance not to exceed value of property insured 742.202
Standard fire insurance policy 742.204
Exceptions to standard fire insurance policy requirements 742.206
Insuring agreement 742.208
Concealment 742.210
Uninsurable and excepted property 742.212
Perils not included 742.214
Other insurance 742.216
Conditions suspending insurance 742.218
Additional perils insured 742.220
Added provisions 742.222
Waiver provisions 742.224
Cancellation 742.226
Mortgagee interest and obligation of mortgagee 742.228
Pro rata liability of insurer 742.230
Requirements in case loss occurs 742.232
Appraisal 742.234
Insurer’s options 742.236
Abandonment 742.238
When loss payable 742.240
Suit on policy 742.242
Subrogation 742.244
Coverage for loss from nuclear reaction or radiation 742.246
Other fire insurance policy provisions permitted 742.248
Mutual fire insurers policyholders’ liability 742.250
Mutual fire insurer’s action to recover assessment 742.252
Mutual fire insurers 742.254
Mutual fire insurance policy cancellation 742.260
Cancellation of homeowner or fire policy 742.270
Repair, rebuilding or replacement of property under homeowner insurance policy 742.273
Property losses in locations subject to declarations of emergency 742.276
Estimates of cost to rebuild or replace covered property 742.280
Home protection insurance 742.282
Limitations on issuance of mortgage insurance 742.284
Insured obligations as legal investments and securities for deposit 742.286
Mortgage insurance 742.350
Bonds, undertakings and other obligations required by law may be executed by surety insurers 742.352
Reimbursement of private persons required to give bond, letter of credit or other obligation 742.354
Reimbursement of public officials required to give bond or letter of credit 742.356
Surety insurer may take measures to reduce risk of loss 742.358
Release of surety on official bonds by action of obligee 742.360
Release of surety on bond of public official by action of surety 742.362
Release of surety on depository bond 742.364
Fixing amount of new bond after release from original 742.366
Cancellation of bond by surety 742.368
Surety insurer may not deny power to execute bond 742.370
Bond construed as including omitted statutory provisions 742.372
Guaranteed arrest bond certificate 742.374
Surety may issue guaranteed arrest bond certificate not to exceed $1,000 742.376
Requirements to issue guaranteed arrest bond certificate 742.390
Reimbursement insurance policy 742.392
Termination of reimbursement insurance policy 742.400
Duty to report claim of professional negligence to licensing board 742.405
Conditions for issuance of medical malpractice insurance 742.407
Prohibition against refusing defense or indemnification of health practitioner or health care facility based on disclosure of adverse event or participation in discussion or mediation 742.420
Definitions for ORS 742.420 to 742.440 742.422
License requirement for conducting business as discount medical plan organization 742.424
Requirement for contract with provider 742.426
License application 742.428
Duties of licensee 742.430
License term 742.432
Duties of discount medical plan organization 742.434
Prohibited activities 742.436
Investigative powers of director 742.438
License suspension, revocation or failure to renew 742.440
Injunction 742.447
Proof of insurance 742.449
Prohibition on assignment to high risk category on certain grounds 742.450
Contents of motor vehicle liability policy 742.454
Liabilities that need not be covered 742.456
When insurer’s liability accrues 742.458
General provisions governing liability policies 742.460
Insurer’s right to provide for reimbursement and proration 742.462
Insurer’s right to settle claims 742.464
Excess coverage permitted 742.466
Disputes over coverage for physical damage 742.468
Certain policies not considered motor vehicle liability policies 742.480
Appropriate premium charge reduction for certain motorcycle insurance policies 742.483
Effective period for premium reduction 742.486
Issuance and presentation of certificates for motorcycle rider education course 742.490
Premium reduction 742.492
Duration of reduction 742.494
Certification of completion of course 742.496
Limitation on qualification for discount 742.500
Definitions for ORS 742.500 to 742.506 742.502
Uninsured motorist coverage 742.504
Required provisions of uninsured motorist coverage 742.505
Arbitration procedures under ORS 742.504 742.506
Allocation of responsibility among insurers 742.508
Definitions for ORS 742.508 and 742.510 742.510
Property damage coverage for damage to vehicle caused by uninsured vehicle 742.518
Definitions for ORS 742.518 to 742.542 742.520
Personal injury protection benefits for motor vehicle liability policies 742.521
Conditions applicable to arbitration proceedings 742.522
Binding arbitration under ORS 742.520 742.524
Contents of personal injury protection benefits 742.525
Provider charges 742.526
Primary nature of benefits 742.528
Notice of denial of payment of benefits 742.529
Payment based on incorrect determination of responsibility 742.530
Exclusions from coverage 742.532
Benefits may be more favorable than those required by ORS 742.520, 742.524 and 742.530 742.534
Reimbursement of other insurers paying benefits 742.536
Notice of claim or legal action to insurer 742.538
Subrogation rights of insurers to certain amounts received by injured person 742.540
Rules 742.542
Effect of personal injury protection benefits paid 742.544
Reimbursement for benefits paid 742.546
Required disclosure in release for bodily injuries related to personal injury protection benefits 742.548
Required language in disclosure 742.554
Disclosures required by insurer to motor vehicle owner when insurer declares vehicle total loss 742.558
Dispute resolution process for total loss vehicles 742.560
Definitions for ORS 742.560 to 742.572 742.562
Grounds for cancellation of policies 742.564
Manner of giving cancellation notice 742.566
Renewal of policies 742.568
Proof of cancellation, replacement or nonrenewal notice 742.570
Notifying insured under canceled or unrenewed policy of eligibility for participation in insurance pool 742.572
Immunity from liability of persons furnishing information regarding cancellation or nonrenewal of policies 742.580
Report of cancellation, nonrenewal or issuance of motor vehicle liability policy 742.585
Definitions for ORS 742.585 to 742.600 742.590
Personal vehicle sharing program requirements 742.595
Assumption of liability 742.600
Limitation on insurance policy reclassification for personal vehicle sharing program vehicle 742.690
Limitations on cancellation 742.700
Definitions for ORS 742.700 to 742.710 742.702
Grounds for cancellation 742.704
Hearing 742.706
Renewal 742.708
Proof of receipt of notice 742.710
Exemptions from provisions of ORS 742.700 to 742.708
Green check means up to date. Up to date

Current through early 2024

§ 742.208’s source at oregon​.gov