(1) The board of directors shall, upon majority vote, notify the Director of the Department of Consumer and Business Services of any information indicating any member insurer may be an impaired insurer or insolvent insurer.
(2) The board of directors may, upon majority vote, request that the director order an examination of any member insurer which the board in good faith believes to be an impaired or insolvent insurer. The director may conduct such examination. The examination may be conducted as a National Association of Insurance Commissioners examination or may be conducted by such persons as the director designates. The cost of such examination shall be paid by the Oregon Life and Health Insurance Guaranty Association and the examination report shall be treated as are other examination reports in this state. In no event shall the examination report be released to the board of directors of the association prior to its release to the public, but this shall not excuse the director from the obligation to comply with subsection (3) of this section. The director shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the director but it shall not be open to public inspection prior to the release of the examination report to the public and shall be released at that time only if the examination discloses that the examined insurer is an impaired insurer or insolvent insurer.
(3) The director shall report to the board of directors when the director has reasonable cause to believe that any member insurer examined at the request of the board of directors may be an impaired insurer or insolvent insurer.
(4) The board of directors may, upon majority vote, make reports and recommendations to the director upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer. Such reports and recommendations shall not be considered public records.
(5) The board of directors may, upon majority vote, make recommendations to the director for the detection and prevention of insurer impairments or insolvencies.
(6) The board of directors shall, at the conclusion of any insurer impairment or insolvency in which the association carried out its duties under ORS 734.750 to 734.890 or exercised any of its powers under ORS 734.750 to 734.890, prepare a report on the history and causes of such impairment or insolvency, based on the information available to the association, and submit such report to the director. [1975 c.251 ยง13]
Structure 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 734.570 - 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 734.640 - Claim priority.
Section 734.695 - Liability of insured of insolvent insurer.
Section 734.700 - Defense of claims on default of insolvent insurer.
Section 734.760 - Definitions for ORS 734.750 to 734.890.
Section 734.790 - Application.
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 734.835 - Assessments offset against tax liabilities; rate.