Appointment of insurance producers
- rules
Source:
Section 744.078 — Appointment of insurance producers; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors744.html.
Notes of Decisions
Under former similar statute (ORS 744.165)
The rule in automobile insurance cases under which knowledge of an agent is imputed to his principal in cases involving third persons injured in automobile accidents, despite possible collusion between the insured and insurance agent, is consistent with this section. State Farm Fire and Cas. Co. v. Sevier, 272 Or 278, 537 P2d 88 (1975)
This section did not prohibit insurance agent from canceling policy on behalf of insured. Hiransomboon v. Unigard Mutual Ins. Co., 46 Or App 493, 612 P2d 306 (1980)
When an employer is the intermediary in marketing insurance to group of persons who are invited to subscribe to or reject coverage individually under master policy, statements made to such persons relating to application for insurance are to be regarded as those of an agent for insurer if it can be said that master policy holder solicits or procures individual’s application. Paulson v. Western Life Insurance Co., 292 Or 38, 636 P2d 935 (1981)
Where agents were contract employees of insured, agents were not intermediaries in sale of insurance and therefore could not be regarded as agents of insurer. Port of Portland v. Water Quality Insurance Syndicate, 549 F Supp 233 (1982)
Although this statute establishes agency relationship between insurers and sellers of their products, scope of agent’s authority is question of fact. J-P International, LTD. v. Thompson, 115 Or App 309, 838 P2d 616 (1992), Sup Ct review denied
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