Chapter 731

 

      Chapter 731

 

ATTY. GEN. OPINIONS: Vehicle service contracts sold to purchasers by motorcycle and motor vehicle dealers as constituting sale of insurance, (1978) Vol 38, p 2218

 

 

      731.102

 

NOTES OF DECISIONS

 

      Employer’s disability income plan was not “insurance” as defined in this section. McHorse v. Portland Gen. Elec. Co., 268 Or 323, 521 P2d 315 (1974)

 

      731.126

 

NOTES OF DECISIONS

 

      “Reinsurer” includes both first-level and second-level reinsurers. State ex rel Neidig v. Superior National Insurance Co., 343 Or 434, 173 P3d 123 (2007)

 

      731.170

 

NOTES OF DECISIONS

 

      Definition of “life insurance” in this section does not apply to ORS 743.333. Sanders v. Oregon Pacific States Ins. Co., 314 Or 521, 840 P2d 87 (1992).

 

      731.174

 

NOTES OF DECISIONS

 

      Insurance tailored to coverage of liabilities created by Federal Water Pollution Control Act was more like statutory definition of general marine insurance than that of wet marine insurance. Port of Portland v. Water Quality Insurance Syndicate, 796 F2d 1188 (1986)

 

      731.194

 

NOTES OF DECISIONS

 

      Insurance tailored to coverage of liabilities created by Federal Water Pollution Control Act was more like statutory definition of general marine insurance than that of wet marine insurance. Port of Portland v. Water Quality Insurance Syndicate, 796 F2d 1188 (1986)

 

      731.216

 

ATTY. GEN. OPINIONS: Appointing authority of Director of Commerce, (1975) Vol 37, p 494

 

      731.240

 

NOTES OF DECISIONS

 

      Petitioner policyholder was not entitled to request hearing regarding purchase of insurance company by third party. Williams v. Dept. of Insurance and Finance, 106 Or App 196, 806 P2d 1161 (1991)

 

      731.354

 

NOTES OF DECISIONS

 

      Because association with employees, employers and independent contractors as members failed commonality-of-interest test, association’s welfare and benefits plan exceeded federal limitations and Oregon insurance law applied to association’s plan. Derby Assn. Trust v. Dept of Ins. and Finance, 114 Or App 389, 835 P2d 149 (1992)

 

      Statute ([former] ORS 646.267) requiring that reimbursement insurance be issued by authorized insurer violates federal law by discriminating against risk retention groups. National Warranty Insurance Company RRG v. Greenfield, 214 F3d 1073 (9th Cir. 2000)

 

ATTY. GEN. OPINIONS: Certificate of authority not required for federal bank debt cancellation contracts, (1999) Vol 49, p 200

 

      731.418

 

LAW REVIEW CITATIONS: 8 WLJ 83 (1972)

 

      731.554 to 731.574

 

ATTY. GEN. OPINIONS: State is not liable for losses incurred by Oregon Medical Insurance Pool and pools’ policy holders bear ultimate risk of pools’ insolvency, in that there would be no source of funds to pay benefits under their policies, (1989) Vol 46, p 155

 

      731.608

 

NOTES OF DECISIONS

 

      “Reinsurer” includes both first-level and second-level reinsurers. State ex rel Neidig v. Superior National Insurance Co., 343 Or 434, 173 P3d 123 (2007)

 

      731.628

 

NOTES OF DECISIONS

 

      “Reinsurer” includes both first-level and second-level reinsurers. State ex rel Neidig v. Superior National Insurance Co., 343 Or 434, 173 P3d 123 (2007)

 

      731.642

 

ATTY. GEN. OPINIONS: Safekeeping relationship between Insurance Commissioner and qualified bank where State Treasurer elects to contract safekeeping duties for Insurance Commissioner, (1979) Vol 39, p 636

 

      731.840

 

ATTY. GEN. OPINIONS: Application of “Green River ordinances” to door-to-door insurance salesmen, (1977) Vol 38, p 731

 

      731.854

 

NOTES OF DECISIONS

 

      Where California exempted insurance companies from payment of personal property taxes, California insurance company was not entitled to credit against Oregon Retaliatory Tax for personal property taxes paid by it to political subdivisions in Oregon. Transamerica Title Insurance Co. v. Insurance Div., 45 Or App 943, 609 P2d 884 (1980), Sup Ct review denied

 

      731.988

 

NOTES OF DECISIONS

 

      Where insurer made bad faith denial of liability coverage, insureds were not entitled to punitive damages because legislative intent is to provide exclusive civil penalties under this section for such conduct by insurance company. Farris v. U.S. Fid. and Guar. Co., 284 Or 453, 587 P2d 1015 (1978)

 

      Where action was brought in tort for outrageous conduct, this section did not prohibit award of punitive damages. Green v. State Farm Fire and Cas. Co., 667 F2d 22 (1982)