ORS 737.505
Insured entitled to rate information

  • remedies of aggrieved persons

(1)

Every rating organization and every insurer which makes its own rates, within a reasonable time after receiving written request therefor and upon payment of such reasonable charge as it may make, shall furnish to any insured affected by a rate made by it, or to the authorized representative of such insured, all pertinent information as to such rate.

(2)

Every rating organization and every insurer which makes its own rates shall provide within this state reasonable means whereby any person aggrieved by the application of its rating system may be heard, in person or by the authorized representative, on written request by the person or authorized representative to review the manner in which such rating system has been applied in connection with the insurance afforded the person. If the rating organization or insurer fails to grant or reject such request within 30 days after it is made, the applicant may proceed in the same manner as if the application had been rejected.

(3)

Any party affected by the action of such rating organization or such insurer on such request, within 30 days after written notice of such action, may appeal to the Director of the Department of Consumer and Business Services, who, after a hearing held at a place designated by the director upon not less than 10 days’ written notice to the appellant and to such rating organization or insurer, shall affirm or reverse such action.

(4)

Appeals to the director pursuant to ORS 737.318 (Premium audit program for workers’ compensation insurance) with regard to a final premium audit billing must be made within 60 days after receipt of the billing.

(5)

The director may, upon a showing of good cause, stay any workers’ compensation insurer’s collection effort on a final premium audit billing during the pendency of an appeal authorized by subsection (4) of this section. [Amended by 1967 c.359 §327; 1987 c.884 §6]

Source: Section 737.505 — Insured entitled to rate information; remedies of aggrieved persons, https://www.­oregonlegislature.­gov/bills_laws/ors/ors737.­html.

Notes of Decisions

In absence of contrary expression, legislature appears to have intended that merely mailing request for appeal does not constitute making appeal under this section. Cobra Construction v. National Council on Comp. Ins., 107 Or App 321, 812 P2d 19 (1991)

Department of Insurance and Finance could not by rule extend period for appeal related to final premium audit billing. Kilham Stationery v. National Council on Comp. Ins., 109 Or App 545, 820 P2d 842 (1991)

Whether or not 60-day limit for appealing final premium audit billing is jurisdictional, where appeal was filed more than 60 days after receipt of billing, division properly dismissed appeal as untimely. Pease v. National Council on Comp. Ins., 113 Or App 26, 830 P2d 605 (1992), Sup Ct review denied

Department of Insurance and Finance properly dismissed employer’s appeal of premium audit billing for lack of jurisdiction, because employer did not file appeal within “60 days after receipt of the billing” and continuing discussions between insurer and employer did not prevent 60-day period from running. Marcott Timber v. Natl. Council on Comp. Ins., 115 Or App 165, 837 P2d 543 (1992)

Employer challenging Department of Insurance and Finance order has burden of proof to show premium determinations are incorrect. Milwaukie Convalescent and Residential Care Center v. Natl. Council on Comp. Ins., 126 Or App 6, 867 P2d 513 (1994)

737.007
“Rating organization” defined
737.012
“Advisory organization” defined
737.017
“Member,” “subscriber” defined
737.025
Purpose, intent of chapter
737.035
Application of chapter
737.045
Remedies of director for violations of chapter
737.205
Filing rates, plans with director
737.207
Commercial liability insurance rate filings
737.209
Hearing on rate filings under ORS 737.207
737.215
Effect of noncompliance with rating regulation
737.225
Records requirements
737.230
Data must include certain information
737.235
Examining rating systems of insurers
737.245
Collusive ratings prohibited
737.255
Authority for cooperative ratings and systems
737.265
Unauthorized adherence to rates, rating systems
737.270
Determination of workers’ compensation premiums for worker leasing company
737.275
Preparation of rates, rating systems and other administrative matters by insurers under common ownership
737.310
Method of rate making
737.312
Agreements among insurers for assignment of risks
737.316
Combining employers for workers’ compensation insurance
737.318
Premium audit program for workers’ compensation insurance
737.320
Review of certain filings
737.322
Rating plan approval
737.325
Suspension or modification of filing requirement
737.330
Contracts to comply with effective filings
737.336
Disapproval of filings by director
737.340
Initiation of proceedings by aggrieved person to determine lawfulness of filings
737.342
Hearing and order procedure
737.350
Application for license by rating organization
737.355
Licensing rating organizations generally
737.360
Rating organization to accept insurers as subscribers
737.365
Cooperative activities among rating organizations and insurers
737.390
Regulation of joint underwriting and joint reinsurance
737.505
Insured entitled to rate information
737.510
Advisory organizations
737.515
Examination of rating, advisory and other organizations
737.526
Interchange of data
737.535
Withholding or giving false information prohibited
737.545
Procedure for suspension of rating organization license
737.560
Rating organization membership
737.600
Fictitious grouping for rate purposes prohibited
737.602
Authorization for insurance for certain projects
737.604
Rules
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