(2) If release of the deposit is claimed by the insurer upon the ground that all its liabilities, as to which the deposit was held, have been assumed by another insurer authorized to transact insurance in this state, the insurer shall file with the director a copy of the contract or agreement of such reinsurance duly attested under the oath of an officer of each of the insurers that are parties thereto.
(3) If release of the deposit is claimed by a domestic insurer upon the ground that all its liabilities, as to which the deposit was held, have been terminated other than by reinsurance, the director shall make an examination of the affairs of the insurer for determination of the actuality of such termination.
(4) Upon being satisfied by such statement and reinsurance contract, or examination of the insurer if required under subsection (3) of this section, or by such other examination of the affairs of the insurer as the director deems advisable to make, that the insurer is entitled to the release of its deposit or portion thereof as provided in ORS 731.648, the director shall release the deposit or excess portion thereof to the insurer or its authorized representative.
(5) If the director willfully fails faithfully to keep, deposit, account for or surrender any such assets or securities deposited through the director in the manner as authorized or required under the Insurance Code, the director shall be liable therefor upon the director’s official bond, and suit may be brought upon the bond by any person injured by such failure. The director shall not, however, have any liability as to any assets or securities of an insurer released by the director in good faith pursuant to the authority vested in the director under the Insurance Code. [1967 c.359 §124; 1999 c.196 §9]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 731 - Administration and General Provisions
Section 731.026 - Application of Insurance Code to particular insurers.
Section 731.036 - Persons completely exempt from application of Insurance Code.
Section 731.066 - "Authorized," "unauthorized" insurer.
Section 731.069 - "Certificate," "certificate holder."
Section 731.072 - "Certificate of authority," "license."
Section 731.074 - "Commercial liability insurance."
Section 731.075 - "Covered life."
Section 731.076 - "Department," "director."
Section 731.082 - "Domestic," "foreign," "alien" insurer.
Section 731.096 - "Domicile of alien insurer."
Section 731.097 - "Essential health benefits."
Section 731.098 - "Group health insurance."
Section 731.099 - "Independently procured insurance."
Section 731.102 - "Insurance."
Section 731.104 - "Insurance producer."
Section 731.114 - "Limited benefit coverage."
Section 731.142 - "Stock," "mutual" and "reciprocal" insurer.
Section 731.144 - "Surplus lines insurance."
Section 731.146 - "Transact insurance."
Section 731.158 - "Casualty insurance."
Section 731.164 - "Home protection insurance," "home protection insurer."
Section 731.170 - "Life insurance"; includes annuities.
Section 731.174 - "Marine and transportation insurance."
Section 731.178 - "Mortgage insurance."
Section 731.194 - "Wet marine and transportation insurance."
Section 731.216 - Administrative power of director.
Section 731.228 - Prohibited interests and rewards.
Section 731.232 - Subpoena power.
Section 731.236 - General powers and duties.
Section 731.240 - Hearings in general.
Section 731.252 - Cease and desist orders.
Section 731.256 - Enforcement generally; restitution.
Section 731.259 - Requirement for written notice to insured; rules.
Section 731.264 - Complaints and investigations confidential; permitted disclosures; rules.
Section 731.268 - Use of reproductions and certified copies as evidence; fee.
Section 731.272 - Director’s annual reports; notice of publication of report.
Section 731.280 - Publications authorized.
Section 731.284 - Distribution of insurance laws.
Section 731.292 - Disposition of fees, charges, taxes, penalties and other moneys.
Section 731.300 - Examination of insurers; when required.
Section 731.304 - Investigation of persons transacting insurance.
Section 731.308 - Procedure at examination or investigation; production of books and other records.
Section 731.314 - Immunity for director, examiner and others.
Section 731.324 - Service of process on Secretary of State; notice to unauthorized insurer.
Section 731.328 - Deposits by unauthorized insurers in actions or proceedings.
Section 731.362 - Requirements of foreign or alien insurers generally.
Section 731.363 - Authorized foreign insurer becoming domestic insurer.
Section 731.369 - Requirements of reciprocal insurers generally.
Section 731.370 - Reciprocal insurer’s financial statement; service of process.
Section 731.371 - Powers of reciprocal insurer regarding real estate.
Section 731.374 - Exemptions to certificate of authority requirement.
Section 731.386 - Management of insurers.
Section 731.394 - Combinations of insuring powers in one insurer.
Section 731.402 - Issuance or refusal of certificate of authority.
Section 731.406 - What certificate evidences; ownership of certificate.
Section 731.410 - Continuance, expiration or reinstatement of certificate of authority.
Section 731.414 - Suspension or revocation of certificate of authority; mandatory grounds.
Section 731.418 - Grounds for suspension or revocation of certificate of authority.
Section 731.428 - Written consent to engage or participate in business of insurance; rules.
Section 731.430 - Name of insurer.
Section 731.434 - Registered office and agent.
Section 731.458 - Exchange of reciprocal or interinsurance contracts.
Section 731.466 - Power of attorney for reciprocal insurer.
Section 731.470 - Attorney for reciprocal insurer.
Section 731.484 - Prohibition on certain sales related to group health and group life insurance.
Section 731.488 - Annual audit of insurer; rules.
Section 731.504 - Limit of risk.
Section 731.508 - Approved reinsurance.
Section 731.509 - Legislative intent; criteria for allowing credit for reinsurance; rules.
Section 731.510 - Criteria for allowing reduction from liability for reinsurance; rules.
Section 731.512 - Withdrawal of insurer; reinsurance.
Section 731.516 - Mortgage insurance limitation; waiver of limitation; rules; fees.
Section 731.554 - Capital and surplus requirements.
Section 731.574 - Annual financial statement.
Section 731.590 - "Insurer" defined for ORS 731.592 and 731.594.
Section 731.592 - Reporting criminal conduct involving insurance.
Section 731.604 - Acceptance of deposits of insurers.
Section 731.608 - Purpose of deposit.
Section 731.612 - Rights of insurer regarding deposits.
Section 731.616 - Valuation of deposits; deficiencies.
Section 731.620 - Assignment of deposited securities.
Section 731.624 - Special deposits; foreign and alien insurers.
Section 731.628 - Deposit required of workers’ compensation insurers.
Section 731.636 - Deposit or trusteed assets of alien insurer required.
Section 731.640 - Eligible deposits; rules.
Section 731.644 - Payment of losses out of deposits, generally.
Section 731.648 - Duration and release of deposit.
Section 731.652 - Proofs for release of deposit to insurers; director’s responsibility.
Section 731.730 - Insurer filings with National Association of Insurance Commissioners.
Section 731.754 - Permissible uses of reports and plans described in ORS 731.752.
Section 731.760 - Definitions for ORS 731.760 to 731.770.
Section 731.761 - Privileged information.
Section 731.762 - Authority of director.
Section 731.764 - Waiver of privilege; permitted disclosures.
Section 731.766 - Petition for in camera hearing; hearing; compelled disclosure.
Section 731.768 - Privilege; exceptions.
Section 731.804 - Assessments; rules; fees; how determined.
Section 731.820 - Gross premium tax on fire insurance premiums.
Section 731.822 - Prepayment of tax due.
Section 731.824 - Tax on underwriting profits of wet marine and transportation insurers.
Section 731.828 - Computation of wet marine and transportation insurance tax.
Section 731.833 - Record keeping requirements for wet marine and transportation insurance contracts.
Section 731.836 - Limitation on enforcement of insurer’s tax obligations.
Section 731.854 - Retaliatory tax.
Section 731.859 - Applicability of retaliatory provisions; disclosure of tax returns.
Section 731.870 - State of emergency; effect upon insurance policies; rules.