Oregon Statutes
§ 742.038 — Validity and construction of noncomplying forms
Oregon § 742.038
JurisdictionOregon
Vol.18
Title 56Insurance
Ch. 742Insurance Policies Generally; Property and Casualty Policies
This text of Oregon § 742.038 (Validity and construction of noncomplying forms) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Or. Rev. Stat. § 742.038 (2026).
Text
(1)A policy in violation of the Insurance Code, but otherwise binding on the insurer, shall be held valid, but shall be construed as provided in the Insurance Code.
(2)Any insurance policy issued and otherwise valid which contains any condition, omission or provision not in compliance with the Insurance Code, shall not be thereby rendered invalid but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy been in full compliance with the Insurance Code.
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Related
Farmers Ins. Co. of Oregon v. Mowry
261 P.3d 1 (Oregon Supreme Court, 2011)
Collins v. Farmers Insurance
822 P.2d 1146 (Oregon Supreme Court, 1991)
Butterfield v. State of Oregon
987 P.2d 569 (Court of Appeals of Oregon, 1999)
Thompson v. Estate of Adrian L. Pannell
29 P.3d 1184 (Court of Appeals of Oregon, 2001)
Raynor v. United of Omaha Life Insurance Co.
858 F.3d 1268 (Ninth Circuit, 2017)
West American Insurance v. Hernandez
669 F. Supp. 2d 1211 (D. Oregon, 2009)
Allstate Insurance Company v. Ralph Breeden
410 F. App'x 6 (Ninth Circuit, 2010)
Savage v. Grange Mutual Insurance
970 P.2d 695 (Court of Appeals of Oregon, 1999)
Allstate Insurance v. Breeden
216 F. App'x 655 (Ninth Circuit, 2007)
Mid-Century Insurance Company v. Carpenter
(Ninth Circuit, 2024)
Legislative History
Formerly 743.069
Nearby Sections
15
§ 742.007
Director’s withdrawal of approval§ 742.009
Regulation of sales material; rules§ 742.010
§ 742.010§ 742.011
Insurable interest in property§ 742.013
Representations in applications§ 742.015
§ 742.015§ 742.020
§ 742.020§ 742.021
Standard provisions in generalCite This Page — Counsel Stack
Bluebook (online)
Oregon § 742.038, Counsel Stack Legal Research, https://law.counselstack.com/statute/or/742.038.