Oregon Code § 731.256·Enacted ·Last updated March 01, 2026
Statute Text
Enforcement generally; restitution.
(1) The Director of the Department of Consumer and Business Services may
institute actions or other lawful proceedings that the director deems necessary
to enforce a provision of the Insurance Code or any order or action the
director makes or takes in pursuance of law.
(2) As part of or
in addition to any action or proceeding the director institutes against an
insurer under subsection (1) of this section, the director may:
(a) Seek
restitution on a consumers behalf for actual damages the consumer suffers as a
result of the insurers violation of a provision of the Insurance Code or
applicable federal law or the insurers breach of an insurance contract or
policy the insurer has with the consumer; and
(b) Seek other
equitable relief the director deems appropriate under the circumstances.
(3) If the
director has reason to believe that a person has violated a provision of the
Insurance Code or another law that applies to insurance operations, and if the
violation is subject to criminal prosecution and in the opinion of the director
criminal prosecution is warranted, the director shall give the information
about the violation to the Attorney General or district attorney that has
jurisdiction over the violation. The Attorney General or district attorney
promptly shall institute an action or a proceeding against the person as the
information requires or justifies.
(4) An action or
proceeding that the director institutes under subsection (1) of this section is
an exercise of the directors regulatory authority and, except as otherwise
provided in subsection (3) of this section, does not create a cause of action
for any other person. [1967 c.359 §57; 2013 c.618 §1]