Application of Insurance Code
(1)The following provisions of the Insurance Code apply to legal expense organizations to the extent not inconsistent with the express provisions of ORS 750.505 (Definitions for ORS 750.505 to 750.715) to 750.715 (Rules):
(a)ORS 731.004 (Short title) to 731.026 (Application of Insurance Code to particular insurers), 731.036 (Persons completely exempt from application of Insurance Code) to 731.150 (Definitions of classes of insurance not mutually exclusive), 731.158 (“Casualty insurance”), 731.216 (Administrative power of director) to 731.362 (Requirements of foreign or alien insurers generally), 731.385 (Standards for determining whether continued operation of insurer is hazardous), 731.386 (Management of insurers), 731.398 (Amendment of certificate of authority) to 731.430 (Name of insurer), 731.450 (Unrelated business prohibited), 731.454 (Domestic insurers not to transact business in jurisdiction where not authorized), 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), 731.640 (Eligible deposits) to 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), 731.804 (Assessments) and 731.844 (No personal liability for paying invalid tax) to 731.992 (Criminal penalty).
(b)ORS 732.230 (Order to cure impairment), 732.245 (Home office), 732.250 (Continuity of management in event of national emergency), 732.320 (Supporting documents for expenditures), 732.325 (Certain transactions and compensation between insurers and directors, trustees, officers, agents or employees prohibited) and 732.517 (Purpose of ORS 732.517 to 732.546) to 732.546 (Severability).
(c)ORS 733.010 (Assets allowed) to 733.050 (Increase of inadequate reserves), 733.140 (Disallowance of “wash” transactions) to 733.170 (Accounts and records), 733.210 (Director’s determinations), 733.510 (Investments of insurers) to 733.680 (Acquisition and retention of personal property generally) and 733.710 (Investments authorized by prior law) to 733.780 (Prohibited investments).
(d)ORS 737.205 (Filing rates, plans with director), 737.215 (Effect of noncompliance with rating regulation), 737.225 (Records requirements), 737.235 (Examining rating systems of insurers) to 737.340 (Initiation of proceedings by aggrieved person to determine lawfulness of filings) and 737.505 (Insured entitled to rate information).
(e)ORS 742.001 (Scope of ORS chapters 742, 743, 743A and 743B) to 742.009 (Regulation of sales material), 742.013 (Representations in applications) to 742.056 (Certain conduct not deemed waiver) and 742.061 (Recovery of attorney fees in action on policy or contractor’s bond).
(f)ORS 746.005 (Trade practices exempted from prohibitions) to 746.045 (Prohibition on rebates), 746.065 (Personal or controlled insurance), 746.075 (Misrepresentation generally), 746.100 (Misrepresentation in insurance applications or transactions) to 746.130 (Insurance connected to sale or rental of property), 746.160 (Practices injurious to free competition) and 746.230 (Unfair claim settlement practices) to 746.370 (Records of insureds).
(2)For the purposes of this section only, legal expense organizations shall be considered insurers. [Formerly 750.340; 1993 c.447 §119; 1995 c.79 §366; 2003 c.802 §178; 2005 c.22 §503]
Notes of Decisions
These sections, covering health care contractors, made applicable to defendant, nonprofit provider of health care services, regulation by state law, as required by McCarran-Ferguson Act, 15 U.S.C. 1011 et seq. Klamath Lake Pharm. Assn. v. Klamath Medical Service Bureau, 507 F Supp 980 (1981)