1. (1) OAR 836-081-0005 and 836-081-0010 are adopted by the Director of the Department of Consumer and Business Services pursuant to the general rulemaking authority in ORS 731.244.
2. (2) OAR 836-081-0005 and 836-081-0010 identify particular practices that make an unfair discrimination in the availability of insurance in violation of ORS 746.015. OAR 836-081-0005 and 836-081-0010 do not limit the director's authority to determine that other practices relating to insurance availability are unfairly discriminatory.
3. (3) OAR 836-081-0005 and 836-081-0010 do not concern the making and use of insurance rates. Under ORS 737.310, which applies to most lines of property and casualty insurance, the making and use of rates that are unfairly discriminatory is prohibited. Under ORS 746.015 unfair discrimination in the application of rates is prohibited.
4. (4) OAR 836-081-0005 and 836-081-0010 do not prohibit the use of other risk selection criteria that reasonably can be related to the rates and policy forms used by the insurer.

5. (5) For the purpose of OAR 836-081-0005 and 836-081-0010:

   1. (a) "Availability of insurance" includes all terms, conditions, and types of coverage under insurance policies.
   2. (b) "Insurer", when used in connection with several insurers in a group under common ownership or control, refers to the group of insurers collectively rather than individually.

Statutory/Other Authority

ORS 731.244 & 746.240

Statutes/Other Implemented

ORS 746.015(1)

History

ID 12-2013, f. 12-31-13, cert. ef. 1-1-14
ID 19-2006, f. & cert. ef. 9-26-06
IC 2-1978, f. 5-22-78, ef. 6-1-78