2021 Oregon Revised Statutes
Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers
Section 734.150 - Grounds for rehabilitation of domestic insurers.


(1) The insurer is impaired.
(2) The insurer has failed to submit its books, papers, accounts or affairs to the reasonable inspection and examination of the director.
(3) Without first obtaining the written consent of the director, the insurer has by contract of reinsurance, or otherwise, transferred or attempted to transfer substantially its entire property or business, or has entered into any transaction the effect of which is to merge, consolidate or reinsure substantially its entire property or business in or with the property or business of any other person, without first having complied with ORS 732.517 to 732.546 and 742.150 to 742.162.
(4) The insurer is in such condition that its further transaction of business would be hazardous to its policyholders, creditors, stockholders or the public.
(5) The insurer has violated its articles of incorporation, its bylaws, any law of this state or any order of the director.
(6) Any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director or trustee, employee or other person, has refused to be examined under oath by the director concerning its affairs, whether in this state or elsewhere, and after reasonable notice of the fact, the insurer has not promptly and effectively terminated the employment and status of the person and all influence of the person on management.
(7) The insurer or its property has been or is the subject of an application for the appointment of a receiver, trustee, custodian, conservator or sequestrator or similar fiduciary of the insurer or of its property other than as authorized under the Insurance Code, and the appointment has been made or is imminent, and the appointment might deprive the courts of this state of jurisdiction or might prejudice orderly delinquency proceedings.
(8) The insurer has consented to such an order through a majority of its directors, stockholders, members or subscribers.
(9) The insurer has failed to pay any obligation to any state or any subdivision thereof or any final judgment rendered against it in any state within 60 days after the judgment became final or within 60 days after time for taking an appeal has expired, or within 60 days after dismissal of an appeal before final determination, whichever date is the later, if the court in which the judgment was entered had jurisdiction over the subject matter.
(10) The insurer has had its certificate of authority to transact insurance in this state revoked.
(11) There is reasonable cause to believe that there has been embezzlement from the insurer, wrongful sequestration or diversion of the insurer’s assets, forgery or fraud affecting the insurer or other illegal conduct in, by or with respect to the insurer that if established would endanger assets in an amount threatening the solvency of the insurer.
(12) The insurer has failed to remove any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director or trustee, employee or other person, if the person has been found by the director to be dishonest or untrustworthy in a way affecting the insurer’s business.
(13) Control of the insurer, whether by stock ownership or otherwise, and whether direct or indirect, is in a person or persons found to be untrustworthy.
(14) The insurer has failed to file its annual report or other financial report required by statute within the time allowed by law or within any additional time allowed by the director. [Formerly 738.450; 1993 c.447 §96; 1995 c.30 §11]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 18 - Financial Institutions, Insurance

Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers

Section 734.014 - Definitions.

Section 734.026 - "Domiciliary," "ancillary" and "reciprocal state" defined.

Section 734.043 - Supervision of insurer; order; consequences; insurer remedies.

Section 734.047 - Time for correction of condition leading to order of supervision.

Section 734.059 - Request for court order.

Section 734.063 - Court order; hearings; notice.

Section 734.067 - Review of court order.

Section 734.110 - Jurisdiction of delinquency proceedings; venue.

Section 734.113 - Application of Oregon Receivership Code.

Section 734.120 - Exclusive remedy; appeal.

Section 734.130 - Commencement of delinquency proceeding.

Section 734.140 - Injunctions.

Section 734.142 - Cooperation with director in delinquency proceedings.

Section 734.144 - Immunity of certain persons from civil liability.

Section 734.150 - Grounds for rehabilitation of domestic insurers.

Section 734.160 - Order of rehabilitation for domestic insurers.

Section 734.170 - Grounds for liquidation of domestic insurers.

Section 734.180 - Order of liquidation of domestic insurers.

Section 734.190 - Grounds for conservation of foreign and alien insurers.

Section 734.200 - Conservation or ancillary receivership of foreign and alien insurers.

Section 734.210 - Conduct of delinquency proceedings for domestic insurers.

Section 734.220 - Powers of director as receiver.

Section 734.240 - Conduct of delinquency proceedings for foreign insurers.

Section 734.260 - Claims of nonresidents against domestic insurers.

Section 734.270 - Claims of residents against foreign insurers.

Section 734.280 - Form of claim; notice; hearing.

Section 734.290 - Priority of preferred claims.

Section 734.350 - Voidable transfers.

Section 734.360 - Preference of claims.

Section 734.380 - Allowance of certain claims.

Section 734.390 - Time to file claims.

Section 734.400 - Report for assessment; domestic mutual and reciprocal insurers.

Section 734.410 - Levy of assessment; domestic mutual and reciprocal insurers.

Section 734.430 - Publication and transmittal of assessment order.

Section 734.440 - Judgment upon assessment.

Section 734.510 - Definitions for ORS 734.510 to 734.710.

Section 734.560 - Association board of directors; terms; vacancies; compensation and expenses; quorum.

Section 734.570 - Required functions of association.

Section 734.579 - Recoupment assessments; rules.

Section 734.580 - Discretionary functions of association.

Section 734.590 - Plan of operation; submission to director; rules.

Section 734.600 - Contents of plan of operation.

Section 734.610 - Notification to association of insurer insolvency; furnishing association with premium information.

Section 734.620 - Notification of insolvency to insured persons; revocation of designation of servicing facility.

Section 734.630 - Assignment of claim rights; filing statements of paid claims; effect of claim settlements.

Section 734.635 - Disbursing assets of insolvent insurer to association; court approval; notice to other states.

Section 734.640 - Claim priority.

Section 734.650 - Notifying director of impaired insurers; examination; reports on impaired insurers.

Section 734.695 - Liability of insured of insolvent insurer.

Section 734.700 - Defense of claims on default of insolvent insurer.

Section 734.710 - Administration of delinquency proceeding claims and expenses; application of ORS 734.014, 734.026 and 734.110 to 734.440 to insurers.

Section 734.760 - Definitions for ORS 734.750 to 734.890.

Section 734.770 - Purpose.

Section 734.790 - Application.

Section 734.800 - Oregon Life and Health Insurance Guaranty Association; required members; required accounts.

Section 734.805 - Association board of directors; terms; selection; vacancies; compensation and expenses.

Section 734.810 - Duties and powers of association; termination of obligations; limit of obligations.

Section 734.815 - Assessment of members; classes of assessments; amounts; refunds.

Section 734.820 - Plan of operation; submission of amendments to director; rules; contents of plan.

Section 734.825 - Powers and duties of director.

Section 734.830 - Notifying director of impaired insurers; examination; reports on impaired insurers.

Section 734.835 - Assessments offset against tax liabilities; rate.

Section 734.840 - Conduct of liquidation, rehabilitation or conservation proceeding involving impaired or insolvent insurer.