ORS § 742.046

Current through 2024 Regular Session legislation effective April 4, 2024
Section 742.046 - Delivery of policy; website posting as alternative to delivery
(1) Subject to the insurer's requirements for paying premiums, the insurer shall mail or deliver every policy to the insured or to the person entitled to the policy within a reasonable period of time after the insurer issues the policy, unless the insured has not met a condition required by the insurer.
(2) If the insurer delivers or deposits, or must deliver or deposit, the original policy to or with any vendor, mortgagee or pledgee of any motor vehicle, and the original policy insures the vendee's, mortgagor's or pledgor's interest in or with reference to the motor vehicle, the vendor, mortgagee or pledgee shall deliver a duplicate or memorandum of the policy that sets forth the name and address of the insurer, the insurance classification of the vehicle, the type of coverage, the limits of liability, premiums for the respective coverages and the duration of the policy to each vendee, mortgagor or pledgor that is named in the policy or that is within the group of persons the policy specifies must be included. If the policy does not cover legal liability for injury to persons or damage to the property of third parties, the face of the duplicate policy or memorandum must conspicuously state, in writing, in print or with a stamp, that the policy does not provide such coverage. This subsection does not apply to inland marine floater policies.
(3) Notwithstanding the requirements set forth in subsections (1) and (2) of this section and the consent and notice requirements set forth in ORS 84.070(2), an insurer may post on the insurer's website a standard property and casualty insurance policy and endorsements that do not have personally identifiable information. If the insurer posts an insurance policy and endorsements on the insurer's website in lieu of mailing or delivering the insurance policy and endorsements to the insured, the insurer shall:
(a) Ensure that the insurance policy and endorsements are easily accessible for as long as the insurance policy is in force;
(b) Archive expired policies and endorsements for five years after the policies expire and make archived policies available upon request;
(c) Post the policy and endorsements in a manner that enables the insured to use software that is free of charge and widely available on the Internet to save and print the policy and endorsements;
(d) Provide in, or simultaneously with, each declarations page that the insurer provides at the time the insurer issues or renews the policy:
(A) A description of the exact policy and endorsements that the insurer purchased;
(B) A statement that advises the insured of the right to request and obtain, without charge, a printed copy of the insured's policy and endorsements and instructions for making the request; and
(C) The Internet address at which the insurer posted the insured's policy and endorsements; and
(e) Notify the insured, in the manner in which the insurer customarily communicates with the insured, of any changes to the policy or endorsements.

ORS 742.046

Amended by 2015 Ch. 612,§ 1, eff. 1/1/2016.
Formerly 743.078