Oregon Statutes

§ 742.208 — Concealment; fraud; representations by insured

Oregon § 742.208
JurisdictionOregon
Vol.18
Title 56Insurance
Ch. 742Insurance Policies Generally; Property and Casualty Policies

This text of Oregon § 742.208 (Concealment; fraud; representations by insured) 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. § 742.208 (2026).

Text

A fire insurance policy shall contain the following provisions:

(1)Subject to subsections (2) and (3) of this section, this entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof, or the interest of the insured therein, or in case of any fraud or false swearing by the insured relating thereto.
(2)All statements made by or on behalf of the insured, in the absence of fraud, shall be deemed representations and not warranties. No such statements that arise from an error in the application shall be used in defense of a claim under the policy unless:
(a)The statements are contained in a written application; and
(b)A copy of the application is indor

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Related

Eslamizar v. American States Insurance
894 P.2d 1195 (Court of Appeals of Oregon, 1995)
18 case citations
Masood v. Safeco Insurance
365 P.3d 540 (Court of Appeals of Oregon, 2015)
8 case citations
Allstate Insurance Company v. Ralph Breeden
410 F. App'x 6 (Ninth Circuit, 2010)
4 case citations
Traders & General Insurance v. Freeman
81 F. Supp. 2d 1070 (D. Oregon, 2000)
3 case citations
Allstate Insurance v. Breeden
216 F. App'x 655 (Ninth Circuit, 2007)
1 case citations
Kelly v. State Farm Fire and Casualty Co.
494 P.3d 1009 (Court of Appeals of Oregon, 2021)
Jerry Greer v. State Farm Fire & Casualty Com
546 F. App'x 695 (Ninth Circuit, 2013)
Leavenworth v. State Farm Fire & Casualty Co.
297 F. App'x 602 (Ninth Circuit, 2008)

Legislative History

Formerly 743.612

Nearby Sections

15
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Bluebook (online)
Oregon § 742.208, Counsel Stack Legal Research, https://law.counselstack.com/statute/or/742.208.