Section 744.091 - Additional conditions under which person licensed as insurer or insurance producer may charge commission or service fee; rules(1) An insurer or insurance producer may charge a commission, a service fee or a combination of the two when transacting insurance in other than the following categories of insurance: (a) Insurance that covers an individual's person, property or liability;(b) Life or health insurance for groups of fewer than 51 lives; or(c) Insurance on a commercial or public entity paying combined annual premiums of less than $100,000 for the insurance.(2) An insurer or insurance producer may charge a commission or service fee other than the commission or fee filed in accordance with ORS 737.205 only if the insurer or insurance producer has a written agreement with the prospective insured prior to the binding or issuance of an insurance policy. The Director of the Department of Consumer and Business Services may establish by rule minimum conditions for written agreements entered into under this subsection. An insurer or insurance producer who enters into a written agreement as provided in this subsection is not in violation of ORS 746.035 or 746.045.