Oregon Administrative Rules
Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION
Division 81 - TRADE PRACTICES - GENERAL PROVISIONS
Section 836-081-0010 - Unfair Discrimination - Insurance Other than Life or Health Insurance

Universal Citation: OR Admin Rules 836-081-0010

Current through Register Vol. 63, No. 9, September 1, 2024

(1) An insurer decision on the availability of insurance for an individual, other than life or health insurance, that is based on any of the following characteristics is considered to be unfair discrimination:

(a) Age of individuals;

(b) Sex;

(c) Marital status (i.e., single, married, separated, divorced);

(d) Race or color;

(e) Creed;

(f) National origin;

(g) Ancestry;

(h) Occupation, if lawful, unless the occupation significantly increase the degree of hazard. This paragraph does not apply in the case of an insurer that limits its market to one occupation or several related occupations;

(i) Change of occupation, unless the frequency of change is significant;

(j) Change of domicile, unless the frequency of change is significant or the change significantly increases the degree of hazard or the expense of administering policy benefits;

(k) Previous rejection, cancellation or nonrenewal of insurance by another insurer;

(l) Change of insurer;

(m) Lack of previous insurance, unless the lack is in violation of law.

(2) An insurer may use a combination of the characteristics described in paragraphs (h) to (j) of section (1) of this rule as a basis for a decision under section (1) of this rule only if the combination significantly increases the degree of hazard.

Stat. Auth.: ORS 731 & 746

Stats. Implemented: ORS 746.015(1)

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