Chapter 283 Oregon Laws 2003

AN ACT

HB 3145

Relating to home protection insurance; amending ORS 731.164.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 731.164 is amended to read:

731.164. (1)(a) “Home protection insurance” [is] means that part of casualty insurance that includes only insurance which undertakes to perform or provide repair or replacement service or indemnification therefor for the operational or structural failure of the insured home, components of the home or personal property relating to the home or its components, and does not include protection against consequential damage from the operational or structural failure.

(b)(A) “Home protection insurance” does not include a home service agreement.

(B) As used in this paragraph, “home service agreement” means a contract or agreement for a specific limited duration to:

(i) Service, repair or replace in an existing home the mechanical or appliance system or the components that break down due to normal wear and tear or inherent defects; or

(ii) Provide incidental service, repair or replacement to cover leaks and failures in roofing systems.

(c) [For the purpose of] As used in this subsection, “home” means a single living unit or multiple living units, including manufactured dwellings, used primarily as residences.

(2) “Home protection insurer” means an insurer under policies of home protection insurance, other than an insurer transacting other forms of casualty insurance or any form of reinsurance.

Approved by the Governor June 10, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date January 1, 2004

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