(2) A captive insurer may take credit for reserves on risks or portions of risks ceded to reinsurers if the credit is acceptable to the Director of the Department of Consumer and Business Services.
(3) Subject to the prior written approval of the director, a captive insurer may participate in a pool for the purpose of risk distribution sharing. However, a captive insurer may not join or contribute financially to a plan, pool, association or guaranty or insolvency fund in this state, and a captive insurer, or its insured or its parent or any affiliated company or any member organization of its association, may not receive a benefit from a plan, pool, association or guaranty or insolvency fund for claims arising out of the operations of the captive insurer.
(4) A captive reinsurer must annually file with the department an actuarial opinion provided by a qualified actuary on loss and loss adjustment expense reserves. The qualified actuary providing the actuarial opinion must be independent and may not be an employee of the captive reinsurer or an affiliate of the captive reinsurer for which the actuarial opinion is filed.
(5) A captive reinsurer may discount its loss and loss adjustment expense reserves only as allowed in rules adopted by the director.
(6) The director may disallow the discounting of loss and loss adjustment reserves of a captive reinsurer if the captive reinsurer violates any provision of ORS 735.150 to 735.190. [2012 c.84 §11]
Note: See note under 735.150.
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 735 - Alternative Insurance
Section 735.005 - Definitions for ORS 735.005 to 735.145.
Section 735.065 - Required association functions; assessments.
Section 735.075 - Discretionary association functions.
Section 735.095 - Contents of plan of operation.
Section 735.150 - Definitions for ORS 735.150 to 735.190.
Section 735.152 - Application of laws.
Section 735.156 - Confidentiality of documents and materials; public disclosure.
Section 735.160 - Business name.
Section 735.166 - Investment requirements for association captive insurer.
Section 735.170 - Rating organization.
Section 735.174 - Examination; frequency; scope; payment of expenses.
Section 735.176 - Compliance with sound actuarial principles.
Section 735.178 - Suspension or revocation of certificate of authority.
Section 735.180 - Branch captive insurer as pure captive insurer; rules.
Section 735.184 - Requirements for foreign captive insurer to provide insurance in this state.
Section 735.186 - Management of assets of captive reinsurer.
Section 735.188 - Application of captive reinsurer for certificate of authority.
Section 735.190 - Incorporation of captive reinsurer.
Section 735.200 - Legislative findings; purpose.
Section 735.205 - Definitions for ORS 735.200 to 735.260.
Section 735.210 - Formation of market assistance plans; rules.
Section 735.215 - Findings prior to formation of joint underwriting association; hearing.
Section 735.245 - Conditions for policyholder surcharge.
Section 735.265 - Liquor liability insurance risk and rate classifications; rules.
Section 735.305 - Definitions for ORS 735.300 to 735.365.
Section 735.320 - Relationship to insurance guaranty fund and joint underwriting association.
Section 735.330 - Purchasing groups; notice of intent to do business; registration; exceptions.
Section 735.400 - Purposes of ORS 735.400 to 735.495.
Section 735.405 - Definitions for ORS 735.400 to 735.495.
Section 735.410 - Conditions for procuring insurance through nonadmitted insurer; rules.
Section 735.415 - Qualifications for placement of coverage with nonadmitted insurer.
Section 735.420 - Declaration of ineligibility of surplus lines insurer.
Section 735.425 - Filing by licensee after placement of surplus lines insurance.
Section 735.430 - Surplus Line Association of Oregon; fees.
Section 735.455 - Authority of licensee; rules.
Section 735.460 - Records of licensee; examination.
Section 735.465 - Monthly reports; rules.
Section 735.470 - Premium tax; collection; payment; refund; rules.
Section 735.480 - Suspension or revocation of license; refusal to renew; grounds.
Section 735.485 - Actions against surplus lines insurer.
Section 735.495 - Short title; severability.
Section 735.500 - Requirements for certification as retainer medical practice; disclosures; rules.
Section 735.510 - Notice to department of specified changes to practice.
Section 735.515 - Charges for services not covered by contract.
Section 735.530 - Definitions for ORS 735.530 to 735.552.
Section 735.532 - Registration of pharmacy benefit managers; fees; rules.
Section 735.534 - Claim reimbursement; maximum allowable costs; documentation; rules.
Section 735.540 - Definitions for ORS 735.540 to 735.552.
Section 735.542 - Pharmacy claims audits; requirements.
Section 735.544 - Pharmacy claims audits; standards for review of claims.
Section 735.546 - Pharmacy claims audits; auditors.
Section 735.548 - Pharmacy claims audits; validation of claims.
Section 735.552 - Pharmacy claims audits; exception for fraud.