2017 ORS 646A.588¹
Restrictions on modification or termination of coverage
  • notice
  • consent to notice

(1) Except as provided in subsections (2) and (3) of this section, an insurer or a supervising entity that issued a policy of portable electronics insurance to a vendor policyholder may not modify or terminate the terms and conditions of the policy unless the insurer or the supervising entity:

(a) Provides the vendor policyholder and enrolled customers with notice of the modification or termination not less than 30 days before the effective date of the modification or termination; and

(b) In the event of a modification only, provides:

(A) The vendor policyholder with a revised policy or endorsement that is evidence of the modification; and

(B) Each enrolled customer with a revised certificate, endorsement or other evidence of a change in terms and conditions, updated written materials and a summary of the material changes to the terms and conditions of coverage.

(2)(a) An insurer or a supervising entity may terminate an enrolled customer’s portable electronics insurance coverage:

(A) Upon discovering fraud or a material misrepresentation the enrolled customer made in obtaining the coverage or in presenting a claim; or

(B) For nonpayment of a premium.

(b) The insurer or the supervising entity must notify the enrolled customer at least 15 days before a termination under this subsection.

(3) An insurer or a supervising entity may immediately terminate an enrolled customer’s portable electronics insurance coverage if:

(a) The enrolled customer ceases to have active wireless service with the vendor policyholder; or

(b) The enrolled customer exhausts the aggregate limit of liability, and the insurer or the supervising entity sends notice of termination to the enrolled customer within 30 days after the enrolled customer exhausts the limit. If the insurer or the supervising entity does not send a timely notice of termination to the enrolled customer, notwithstanding the enrolled customer’s exhaustion of the limit, coverage continues until the insurer or the supervising entity sends the enrolled customer a notice of termination.

(4) A vendor policyholder that has issued portable electronics insurance coverage to an enrolled customer may not terminate the coverage unless the vendor policyholder provides the enrolled customer with notice of the termination not less than 30 days before the effective date of the termination. The supervising entity may provide notice under this subsection on the vendor policyholder’s behalf.

(5)(a) Notice or correspondence to a vendor policyholder that is required under this section, or that is otherwise required by law, may be sent as an electronic record.

(b) Notice or correspondence that this section or another provision of law requires to be sent to an enrolled customer may be sent as an electronic record if the enrolled customer agrees to receive notice or correspondence with respect to portable electronics insurance coverage by electronic means in accordance with ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded).

(c) If not sent by electronic means, notice or correspondence may be sent by one of the following means:

(A) In the case of a vendor policyholder, mailed or delivered to the vendor policyholder at the vendor policyholder’s principal place of business in this state; or

(B) In the case of an enrolled customer, mailed or delivered to the enrolled customer’s last known mailing address.

(d) An insurer, a supervising entity or a vendor policyholder that provides notice or sends correspondence under this section shall maintain proof of providing the notice or sending the correspondence for a minimum of three years after the termination of the portable electronics insurance coverage. Proof of mailing or delivery to the enrolled customer’s last known mailing address or electronic mailing address is sufficient proof of providing the notice or sending the correspondence. [2011 c.393 §6; 2013 c.97 §1; 2014 c.27 §1; 2017 c.450 §1]

Law Review Cita­tions

52 WLR 451 (2016)

(formerly 646.315 to 646.375)

Notes of Decisions

Where purchaser fails to provide notice of condi­tion requiring repair, presump­tion does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Law Review Cita­tions

19 WLR 329 (1983)

1 Legislative Counsel Committee, CHAPTER 646A—Trade Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.