ORS § 742.277

Current through 2024 Regular Session legislation
Section 742.277 - Notice of cancellation, nonrenewal or rate change related to wildfire risk; risks and remedies; additional requirements; rules
(1) As used in this section:
(a) "Homeowner insurance" has the meaning given that term in ORS 746.600.
(b) "Wildfire risk mitigation action" means an action that reduces wildfire risk to property, including:
(A) A property-level action, such as establishing defensible space, hardening a building or receiving certification from the Insurance Institute for Business and Home Safety for a Wildfire Prepared Home or a similar entity.
(B) A community-level action, such as receiving recognition as a Firewise USA Site in Good Standing or recognition from a similar entity or participating in community risk reduction programs established by the State Fire Marshal.
(2) An insurer that cancels or decides not to renew a homeowner insurance policy for a property, or that increases a premium for a homeowner insurance policy for a property, for a reason that is not nonpayment of a premium and that is materially related to wildfire risk, shall send a notice of the cancellation, decision not to renew or premium increase to the insured that describes:
(a) Any property-specific characteristics related to wildfire risk that resulted in the cancellation, decision not to renew or premium increase.
(b) Wildfire risk mitigation actions the insured could undertake to improve the insurability of the property, if there are any.
(c) If the insurer used wildfire risk scores or classifications to assess the property, the following information:
(A) In plain language, a description of how wildfire risk scores and classifications are determined, including a description of any general variables the insurer considers.
(B) The range of wildfire risk scores or classifications that could potentially be assigned to a property.
(C) The relative position of the wildfire risk score or classification assigned to the property.
(D) Impacts, if there are any, that wildfire risk mitigation actions could have on a wildfire risk score or classification assigned to the property.
(d) General information about factors the insurer considers in order to classify, measure or otherwise determine the wildfire risk to a property.
(e) Any other information specified by rule by the Department of Consumer and Business Services.
(3) In addition to the requirements of subsection (2) of this section, a notice for a premium increase that is materially related to wildfire risk must describe:
(a) What wildfire risk mitigation actions the insured could undertake, if any, that would result in a discount, incentive or other premium adjustment.
(b) The amount of the potential discount, incentive or other premium adjustment.

ORS 742.277

Added by 2023 Ch. 67, § 1

742.277 and 742.278 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 742 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.