2011 ORS § 748.603¹
Relationship to other insurance laws
(1) Societies are governed by this chapter and are exempt from all other provisions of the insurance laws of this state unless expressly designated therein, or unless specifically made applicable by this chapter.
(2) ORS 705.137 (Information that is confidential or not subject to disclosure), 705.139 (Agreements with other agencies regarding sharing and use of confidential information), 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 731.136 (State), 731.146 (Transact insurance) to 731.156 (Variable life insurance), 731.162 (Health insurance), 731.166 (Industrial life insurance), 731.170 (Life insurance), 731.216 (Administrative power of director) to 731.268 (Use of reproductions and certified copies as evidence), 731.296 (Directors inquiries), 731.324 (Service of process on Secretary of State), 731.328 (Deposits by unauthorized insurers in actions or proceedings), 731.354 (Certificate of authority required), 731.356 (Unauthorized insurance transaction enforcement), 731.358 (Requirements of domestic insurers generally), 731.378 (Foreign and alien insurers exempt from laws governing admission of foreign and alien corporations), 731.380 (Authority of foreign and alien insurers to take, acquire, hold and enforce notes secured by mortgages), 731.381 (Exemption from taxes for foreign and alien insurers engaging in activities authorized by ORS 731.380), 731.382 (General eligibility for certificate of authority), 731.385 (Standards for determining whether continued operation of insurer is hazardous), 731.386 (Management of insurers), 731.390 (Government insurers not to be authorized), 731.394 (Combinations of insuring powers in one insurer), 731.396 (Certificate of authority and good financial condition required to issue variable life insurance or variable annuity policies), 731.398 (Amendment of certificate of authority), 731.402 (Issuance or refusal of certificate of authority), 731.406 (What certificate evidences), 731.410 (Continuance, expiration or reinstatement of certificate of authority), 731.422 (Order of suspension, revocation or refusal) to 731.434 (Registered office and agent), 731.446 (Policyholder deposits) to 731.454 (Domestic insurers not to transact business in jurisdiction where not authorized), 731.488 (Annual audit of insurer), 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), 731.592 (Reporting criminal conduct involving insurance), 731.594 (Immunity from civil liability), 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), 731.750 (Confidentiality of report of material acquisitions or dispositions of assets, material nonrenewals, cancellations and revisions of ceded reinsurance agreements), 731.804 (Assessments), 731.844 (No personal liability for paying invalid tax) to 731.992 (Criminal penalty), 731.870 (State of emergency), 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), 733.010 (Assets allowed) to 733.050 (Increase of inadequate reserves), 733.080 (Reserves for health insurance), 733.140 (Disallowance of wash transactions) to 733.210 (Directors determinations), 733.220 (Establishment and regulation of separate accounts to fund life insurance or annuities), 733.510 (Investments of insurers), 733.652 (Investment of funds of separate accounts) to 733.658 (Applicability of separate account investment limitations), 733.730 (Approval by board of directors of investments and deposits) to 733.750 (Disposal of investments on order of director), 735.600 (Legislative intent) to 735.650 (Application of provisions of Insurance Code), 742.001 (Scope of ORS chapters 742, 743 and 743A), 742.003 (Filing and approval of policy forms), 742.005 (Grounds for disapproval of policy forms), 742.007 (Directors withdrawal of approval), 742.009 (Regulation of sales material), 742.013 (Representations in applications) to 742.021 (Standard provisions in general), 742.028 (Additional policy contents), 742.038 (Validity and construction of noncomplying forms), 742.041 (Permissible classes of insurance in one policy), 742.046 (Delivery of policy), 742.051 (Renewal by certificate), 742.150 (Approval by director) to 742.162 (Transfer and novation of policy effected by director) and 744.700 (Definitions for ORS 744.700 to 744.740) to 744.740 (Responsibility of insurer using third party administrator) and ORS chapters 734, 743 and 743A apply to fraternal benefit societies to the extent not inconsistent with the express provisions of this chapter.
(3) For the purposes of this subsection and subsection (2) of this section, fraternal benefit societies shall be deemed insurers, and benefit certificates issued by fraternal benefit societies shall be deemed policies.
(4) Every society authorized to do business in this state shall be subject to the provisions of ORS chapter 746 relating to unfair trade practices. However, nothing in ORS chapter 746 shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership, or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society. [1987 c.490 §§25,35,45; 1987 c.739 §4a; 1987 c.838 §15a; 1989 c.255 §12; 1989 c.474 §3; 1989 c.1022 §10; 1991 c.182 §17; 1991 c.401 §32; 1991 c.673 §7; 1991 c.812 §23; 1993 c.447 §117; 1995 c.30 §12; 1995 c.638 §8; 1999 c.633 §6; 2001 c.377 §19; 2003 c.802 §177; 2007 c.71 §243; 2008 c.22 §4]