(a) The insurer has annual direct written and unaffiliated assumed premium of less than $500 million, including international direct and assumed premium but excluding premiums reinsured with the Federal Crop Insurance Corporation and National Flood Insurance Program; and
(b) The insurance group of which the insurer is a member has annual direct written and unaffiliated assumed premium of less than $1 billion, including international direct and assumed premium but excluding premiums reinsured with the Federal Crop Insurance Corporation and National Flood Insurance Program.
(2) If an insurer is exempt under subsection (1)(a) of this section, but the insurance group of which the insurer is a member is not exempt under subsection (1)(b) of this section, the own risk and solvency assessment summary report required under ORS 732.662 must include every insurer within the insurance group. The insurer may satisfy this requirement by submitting more than one own risk and solvency assessment summary report for any combination of insurers, if the combination of reports includes every insurer within the insurance group.
(3) If an insurer is not exempt under subsection (1)(a) of this section but the insurance group of which the insurer is a member is exempt under subsection (1)(b) of this section, the only own risk and solvency assessment summary report required under ORS 732.662 is the report that applies to the insurer.
(4) An insurer that is not exempt under subsection (1) of this section may apply to the Director of the Department of Consumer and Business Services for a waiver from the requirements of ORS 732.650 to 732.689 based upon unique circumstances. In deciding whether to grant the insurer’s request for a waiver, the director may consider the type and volume of business the insurer writes, the insurer’s ownership and organizational structure and any other factor the director considers relevant to the insurer or insurance group of which the insurer is a member. If the insurer is part of an insurance group with insurers that are domiciled in more than one state, the director shall coordinate with the lead state director and with the other domiciliary directors in considering whether to grant the insurer’s request for a waiver.
(5) Notwithstanding the exemptions stated in this section, the director may require an insurer to maintain a risk management framework, conduct an own risk and solvency assessment and file an own risk and solvency assessment summary report:
(a) Based on unique circumstances that include, but are not limited to, the type and volume of business the insurer writes, the insurer’s ownership and organizational structure, federal agency requests and international supervisor requests; or
(b) If the insurer has risk-based capital that falls into company action level, meets one or more of the standards the director established under ORS 731.385 to determine whether an insurer is in hazardous financial condition or otherwise exhibits qualities that the director determines are characteristic of a troubled insurer.
(6) If an insurer that was exempt under subsection (1) of this section subsequently no longer qualifies for an exemption because of changes in premium that are reflected in the insurer’s most recent annual statement or in the most recent annual statements of insurers within the insurance group of which the insurer is a member, the insurer has one year after the date on which the insurer is no longer exempt to comply with ORS 732.650 to 732.689. [2015 c.547 §7]
Note: See note under 732.650.
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Section 732.005 - Application of private corporation law; definitions.
Section 732.025 - Application for permit to organize stock insurer; rules.
Section 732.035 - Application for permit to organize insurer without capital stock.
Section 732.055 - Approval or disapproval of application for permit.
Section 732.095 - Articles of incorporation.
Section 732.105 - Filing articles of incorporation and surety bond, letter of credit or deposit.
Section 732.205 - General powers of insurers.
Section 732.220 - Exclusive agency contracts.
Section 732.225 - Impairment of required capitalization prohibited; rules.
Section 732.230 - Order to cure impairment; confidentiality of order.
Section 732.235 - Voluntary dissolution of insurer.
Section 732.240 - Trusts of life insurance proceeds.
Section 732.245 - Home office; records, assets; unlawful removal; rules.
Section 732.250 - Continuity of management in event of national emergency.
Section 732.320 - Supporting documents for expenditures.
Section 732.415 - Stock insurer’s proxies; regulation by director; rules.
Section 732.420 - "Equity security" defined; rules.
Section 732.425 - Application of insider trading regulation.
Section 732.435 - Suit to recover insider profits; exempted transactions; rules.
Section 732.440 - Prohibited sales of securities.
Section 732.445 - Establishing or maintaining primary or secondary market in securities; rules.
Section 732.465 - Members of domestic mutual insurers.
Section 732.470 - Voting rights of members of mutual insurer.
Section 732.475 - Members’ meetings and procedures of domestic mutual and reciprocal insurers.
Section 732.518 - Definitions for ORS 732.517 to 732.546.
Section 732.526 - Hearing on proposed activity; notice.
Section 732.528 - Approval of proposed activity; grounds for refusing approval.
Section 732.529 - Procedures following approval by director of proposed activity.
Section 732.531 - Acquisition of assets or insurance of mutual or reciprocal insurers.
Section 732.536 - Compliance with foreign or alien laws.
Section 732.538 - Effect of merger or consolidation.
Section 732.544 - Director’s order; effect; requirements for issuing; penalties.
Section 732.547 - Remedies for violation of ORS 732.517 to 732.546.
Section 732.548 - Definitions for ORS 732.517 to 732.596.
Section 732.549 - Subsidiaries.
Section 732.551 - Registration of insurer members of holding company systems.
Section 732.552 - Registration statement; form; contents.
Section 732.566 - Exemption from ORS 732.517 to 732.596 by director.
Section 732.574 - Standards for transactions within holding company; notice.
Section 732.576 - Dividends and distributions.
Section 732.584 - Examinations; penalty; costs.
Section 732.586 - Confidentiality of information; permitted disclosures.
Section 732.588 - Supervision, rehabilitation or liquidation.
Section 732.600 - Definitions for ORS 732.600 to 732.630.
Section 732.602 - Intent of ORS 732.600 to 732.630.
Section 732.604 - Permissible actions of domestic mutual insurer; rules.
Section 732.608 - Waiver of requirements of ORS 732.606.
Section 732.610 - Contents of plan.
Section 732.611 - Eligible member of domestic mutual insurer or mutual holding company; record date.
Section 732.614 - Effect of conversion.
Section 732.616 - Reorganization involving organization of stock holding company; subsidiaries.
Section 732.618 - Reorganization involving organization of mutual holding company; subsidiaries.
Section 732.622 - Restructuring of mutual holding company.
Section 732.626 - Plan review and approval; general provisions.
Section 732.650 - Definitions.
Section 732.653 - Scope; requirements and guidance.
Section 732.656 - Risk management framework.
Section 732.659 - Own risk and solvency assessment in accordance with manual.
Section 732.662 - Own risk and solvency summary report; attestation.
Section 732.666 - Exemptions; director’s requirements.
Section 732.669 - Documentation and supporting information; director’s review.
Section 732.686 - Maintenance of confidentiality and privilege; permitted disclosures; waivers.
Section 732.810 - Definitions for ORS 732.810 to 732.814.
Section 732.811 - Application of ORS 732.810 to 732.814.
Section 732.812 - Filing of financial statements; contract requirements; audit; reports to director.
Section 732.813 - Notice to prospective insured.
Section 732.814 - Authority of director over controlling producer and controlled insurer.
Section 732.820 - Interstate Insurance Product Regulation Compact.
Section 732.825 - State member of Interstate Insurance Product Regulation Commission.