2015 ORS 742.246¹
Other fire insurance policy provisions permitted

(1) A fire insurer may add to the provisions required by ORS 742.202 (Standard fire insurance policy) other conditions, provisions and agreements not in conflict with law or contrary to public policy.

(2) Any provision restricting or abridging the rights of the insured under the policy must be preceded by a sufficiently explanatory title printed or written in type not smaller than eight-point capital letters.

(3) This section applies only to standard fire insurance policies as described in ORS 742.202 (Standard fire insurance policy) and does not apply to any other insurance policies. [Formerly 744.130 and then 743.669; 2001 c.85 §2]

Notes of Decisions

"Sufficiently explanatory" means title must put reader on notice that pro­vi­sions appearing under title restrict or abridge right to coverage or other rights of insured under policy. Fleming v. United Services Automobile Associa­tion, 329 Or 449, 988 P2d 378 (1999), modified 330 Or 62, 996 P2d 501 (2000)

Require­ment that pro­vi­sion restricting or abridging rights of insured carry explanatory title is applicable to multi-peril insurance policy containing fire coverage. Fleming v. United Services Automobile Associa­tion, 330 Or 62, 996 P2d 501 (2000)

Explanatory title may be printed in mixed uppercase and lowercase type so long as all letters are at least as large as eight-point capital letters. Indiana Lumbermens Mutual Insurance Co. v. West Oregon Wood Products, Inc., 268 F3d 639 (9th Cir. 2001)


1 Legislative Counsel Committee, CHAPTER 742—Insurance Policies Generally; Property and Casualty Policies, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors742.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 742, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano742.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.