2017 ORS 746.045¹
Prohibition on rebates
  • exceptions
  • rules

(1) A person may not personally or otherwise offer, promise, allow, give, set off, pay or receive, directly or indirectly, any rebate of or rebate of part of the premium payable on an insurance policy or the insurance producer’s commission on an insurance policy, or earnings, profit, dividends or other benefit founded, arising, accruing or to accrue on or from the policy, or any other valuable consideration or inducement to or for insurance on any domestic risk, which is not specified in the policy.

(2) A premium discount or rebate is not prohibited by this section if the discount or rebate is:

(a) Offered in connection with a program of health promotion or disease prevention, as described in 42 U.S.C. 300gg-4;

(b) Paid for participation in a program to promote healthy behaviors under ORS 743.824 (Cash dividends for healthy behaviors); or

(c) Offered in connection with a wellness program defined by the Department of Consumer and Business Services by rule.

(3) This section does not prohibit giving, as a form of advertising, as a promotional program or as promotional material, a prize, goods, wares, merchandise, articles or property with an aggregate value of not more than $100 in a calendar year to a person other than a person to whom an insurer issues health insurance, as defined in ORS 731.162 (“Health insurance”), or a health benefit plan, as defined in ORS 743B.005 (Definitions). [1967 c.359 §571; 2003 c.364 §135; 2013 c.681 §35a; 2017 c.327 §1]

Notes of Decisions

Alleged agree­ment for rebate of workers compensa­tion insurance premiums was unlawful under this sec­tion and ORS 746.035 (Inducements not specified in policy), and is unenforceable. Mountain Fir Lumber Co. v. EBI Co., 296 Or 639, 679 P2d 296 (1984)

1 Legislative Counsel Committee, CHAPTER 746—Trade Practices, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors746.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 746, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano746.­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.