Oregon Statutes - Chapter 735 - Alternative Insurance

735.005 Definitions for ORS 735.005 to 735.145.
As used in ORS 735.005 to 735.145, unless the context requires otherwise: (1) �Association� means the Oregon FAIR Plan Association created by ORS 735.045. (2)...
735.015 Purpose.
The purpose of ORS 735.005 to 735.145 is: (1) To assure stability in the property insurance market for certain property located in this state. (2)...
735.025 Construction.
ORS 735.005 to 735.145 shall be liberally construed to effect the purpose provided in ORS 735.015. [1971 c.321 §3]
735.035 Application.
ORS 735.005 to 735.145 apply only to essential property insurance on domestic risks. [1971 c.321 §4]
735.045 Oregon FAIR Plan Association; insurers required to be members; plan of operation.
There is hereby created the Oregon FAIR Plan Association. Each insurer that is a member insurer shall become and remain a member of the association...
735.055 Association board of directors; appointment; compensation, expenses of members; quorum.
(1) The board of directors of the Oregon FAIR Plan Association shall consist of five members selected by the member insurers, subject to the approval...
735.065 Required association functions; assessments.
(1) The Oregon FAIR Plan Association shall: (a) Have authority on behalf of its members to arrange for the issuance of property insurance policies by...
735.075 Discretionary association functions.
The Oregon FAIR Plan Association may: (1) With the approval of the Director of the Department of Consumer and Business Services, employ or retain such...
735.085 Plan of operation; submission to director; approval of plan; compliance with plan; rules.
(1) The Oregon FAIR Plan Association shall submit to the Director of the Department of Consumer and Business Services, not later than September 7, 1971,...
735.095 Contents of plan of operation.
The plan shall: (1) Establish procedures for the submission and processing of applications for insurance and the payment of claims for losses. (2) Establish procedures...
735.105 Regulation of association as insurer; financial report to director.
The Oregon FAIR Plan Association is subject to regulation by the Director of the Department of Consumer and Business Services in the same manner as...
735.115 Exemption of association from fees and taxes.
Except for taxes levied on real or personal property, the Oregon FAIR Plan Association shall be exempt from the payment of all fees and taxes...
735.125 [1971 c.321 §14; repealed by 1979 c.818 §5]
735.135 [1971 c.321 §15; repealed by 1979 c.818 §5]
735.145 Immunity from legal action in carrying out duties.
No person shall have a cause of action against the Oregon FAIR Plan Association or its employees or servicing facilities, any member of the board,...
735.200 Legislative findings; purpose.
(1) The Legislative Assembly finds that: (a) Some businesses and service providers in Oregon have experienced major problems in both the availability and affordability of...
735.205 Definitions for ORS 735.200 to 735.260.
As used in ORS 735.200 to 735.260: (1) �Joint underwriting association� means a mechanism requiring casualty insurers doing business in Oregon to provide commercial liability...
735.210 Formation of market assistance plans; rules.
(1) After a public hearing, the Director of the Department of Consumer and Business Services may by rule require insurers authorized to write and writing...
735.215 Findings prior to formation of joint underwriting association; hearing.
(1) The Director of the Department of Consumer and Business Services may mandate the formation of a joint underwriting association under ORS 735.220 if after...
735.220 Formation of joint underwriting association; funds.
After finding under ORS 735.215 that there is a need in Oregon for a joint underwriting association, the Director of the Department of Consumer and...
735.225 Membership in joint underwriting association.
The joint underwriting association established under ORS 735.220 shall be comprised of all insurers authorized to write and who are writing commercial liability insurance within...
735.230 Rates; approval.
The board of directors of the joint underwriting association shall engage the services of an independent actuarial firm to develop and recommend actuarially sound rates,...
735.235 Board of directors.
The joint underwriting association formed under ORS 735.220 shall be under the administrative control of a seven person board of directors appointed by the Governor....
735.240 Annual statement.
The joint underwriting association shall file an annual statement prepared by an independent certified public accountant containing a financial statement, a summary of its transactions...
735.245 Conditions for policyholder surcharge.
(1) Upon a determination of the board of directors that the joint underwriting association will be unable to pay its outstanding lawful obligations as they...
735.250 Exemption from liability.
There shall be no liability or cause of action against any member insurer, self-insurer, or its agents or employees, the joint underwriting association or its...
735.255 State not liable to pay debts of association.
The state is not liable to pay any debts or obligations of any association formed under ORS 735.220 and no person may assert any claim...
735.260 Rules.
The Director of the Department of Consumer and Business Services may adopt all rules necessary to insure the efficient, equitable operation of the market assistance...
735.265 Liquor liability insurance risk and rate classifications; rules.
If a market assistance plan is formed under ORS 735.210, or a joint underwriting association is formed under ORS 735.220, the Director of the Department...
735.300 Purpose of ORS 735.300 to 735.365.
The purpose of ORS 735.300 to 735.365 is to regulate the formation and operation of risk retention groups and purchasing groups in this state formed...
735.305 Definitions for ORS 735.300 to 735.365.
As used in ORS 735.300 to 735.365: (1) �Director� means the Director of the Department of Consumer and Business Services of this state or the...
735.310 Qualifications for risk retention group; plan of operation; application; notification to National Association of Insurance Commissioners.
(1) A risk retention group seeking to be organized in this state: (a) Must be organized as a liability insurer in this state and authorized...
735.315 Foreign risk retention groups; conditions of doing business in Oregon; prohibited acts.
Risk retention groups chartered in states other than this state and seeking to do business as a risk retention group in this state must observe...
735.320 Relationship to insurance guaranty fund and joint underwriting association.
(1) No risk retention group shall be permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this state....
735.325 Exemption of purchasing groups from certain laws.
Any purchasing group meeting the criteria established under the provisions of the federal Liability Risk Retention Act of 1986 (P.L. 99-563), shall be exempt from...
735.330 Purchasing groups; notice of intent to do business; registration; exceptions.
(1) A purchasing group that intends to do business in this state shall furnish notice to the director, which shall: (a) Identify the state in...
735.335 Purchase of insurance by purchasing group.
A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted...
735.340 Insurance Code enforcement authority subject to federal law.
The director is authorized to make use of any of the powers established under the Insurance Code to enforce the laws of this state so...
735.345 Violation of 735.300 to 735.365; penalties.
A risk retention group that violates any provision of ORS 735.300 to 735.365 is subject to criminal and civil penalties applicable to insurers generally, and...
735.350 Agent or broker; license.
Any person acting or offering to act as an insurance producer for a risk retention group or purchasing group that solicits members, sells insurance coverage,...
735.355 Court orders enforceable in Oregon.
An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance or operating in any...
735.360 Rules.
The director may adopt rules that the director determines are necessary for carrying out ORS 735.300 to 735.365. [1987 c.774 §110; 1989 c.700 §11]
735.365 Short title.
ORS 735.300 to 735.365 shall be known and may be cited as the Oregon Liability Risk Retention Law. [1987 c.774 §98a] SURPLUS LINES LAW
735.400 Purposes of ORS 735.400 to 735.495.
ORS 735.400 to 735.495 shall be liberally construed and applied to promote its underlying purposes which include: (1) Protecting persons seeking insurance in this state;...
735.405 Definitions for ORS 735.400 to 735.495.
As used in ORS 735.400 to 735.495: (1) �Admitted insurer� means an insurer authorized to do an insurance business in this state. (2) �Capital� means...
735.410 Conditions for procuring insurance through nonadmitted insurer; rules.
(1) Insurance may be procured through a surplus lines licensee from a nonadmitted insurer if: (a) The insurer is an eligible surplus lines insurer; (b)...
735.415 Qualifications for placement of coverage with nonadmitted insurer; rules.
(1) A surplus lines licensee may not place any coverage with a nonadmitted insurer unless at the time of placement the nonadmitted insurer has done...
735.420 Declaration of ineligibility of surplus lines insurer.
(1) The Director of the Department of Consumer and Business Services may declare a surplus lines insurer described in ORS 735.415 (1) ineligible if the...
735.425 Filing by licensee after placement of surplus lines insurance; rules.
(1) Within 90 days after the placing of any surplus lines insurance in this state, each surplus lines licensee shall file with the Director of...
735.430 Surplus Line Association of Oregon.
(1) The Surplus Line Association of Oregon shall be the advisory organization of surplus lines licensees to: (a) Facilitate and encourage compliance by resident and...
735.435 Evidence of insurance; contents; change; penalty; notice regarding Insurance Guaranty Association; rules.
(1) Upon placing surplus lines insurance, the surplus lines licensee shall promptly deliver to the insured or the producing insurance producer the policy, or if...
735.440 Validity of contracts.
Insurance contracts procured under ORS 735.400 to 735.495 shall be valid and enforceable as to all parties. [1987 c.774 §125]
735.445 Effect of payment of premium to surplus lines licensee.
A payment of premium to a surplus lines licensee acting for a person other than the surplus lines licensee in negotiating, continuing or renewing any...
735.450 Requirements for license as surplus lines insurance licensee.
(1) A person shall not procure any contract of surplus lines insurance with any nonadmitted insurer unless the person is licensed under ORS chapter 744...
735.455 Authority of licensee; rules.
(1) A surplus lines licensee may originate surplus lines insurance or accept such insurance from any other insurance producer duly licensed as to the kinds...
735.460 Records of licensee; examination.
(1) Each surplus lines licensee shall keep a full and true record of each surplus lines insurance contract placed by or through the licensee on...
735.465 Monthly reports; rules.
(1) On or before the end of each month, each surplus lines licensee shall file with the Director of the Department of Consumer and Business...
735.470 Premium tax; collection; payment; refund; rules.
(1) The surplus lines licensee shall pay the Director of the Department of Consumer and Business Services an amount equal to the tax that would...
735.475 Suit to recover unpaid tax.
If the tax collectible by a surplus lines licensee under ORS 735.400 to 735.495 is not paid within the time prescribed, the same shall be...
735.480 Suspension or revocation of license; refusal to renew; grounds.
The Director of the Department of Consumer and Business Services may suspend, revoke or refuse to renew the license of a surplus lines licensee after...
735.485 Actions against surplus lines insurer.
(1) A surplus lines insurer may be sued upon any cause of action arising in this state under any surplus lines insurance contract made by...
735.490 Jurisdiction in action against insurer; service of summons and complaint; response.
(1) An insurer transacting insurance under the provisions of ORS 735.400 to 735.495 may be sued upon any cause of action, arising under any policy...
735.492 Application of certain Insurance Code provisions to surplus lines insurers.
ORS 731.324, 731.328, 731.512 and 731.624 do not apply to surplus lines insurers. [2005 c.185 §17]
735.495 Short title; severability.
(1) ORS 735.400 to 735.495 shall be known and may be cited as �The Oregon Surplus Lines Law.� (2) If any provisions of ORS 735.400...
735.600 Legislative intent.
The intent of the Legislative Assembly in enacting ORS 735.600 to 735.650 is to provide access to medical insurance coverage to all residents of this...
735.605 Definitions for ORS 735.600 to 735.650.
As used in ORS 735.600 to 735.650: (1) �Benefits plan� means the coverages to be offered by the pool to eligible persons pursuant to ORS...
735.610 Oregon Medical Insurance Pool Board; members; authority; rules.
(1) There is created in the Department of Consumer and Business Services the Oregon Medical Insurance Pool Board. The board shall establish the Oregon Medical...
735.612 Oregon Medical Insurance Pool Account; sources; uses.
(1) There is established in the State Treasury, the Oregon Medical Insurance Pool Account, which shall consist of: (a) Moneys appropriated to the account by...
735.614 Assessments for expenses of pool.
(1) If the Oregon Medical Insurance Pool Board determines at any time that funds in the Oregon Medical Insurance Pool Account are or will become...
735.615 Eligibility for pool coverage; rules.
(1) Except as provided in subsection (3) of this section, a person who is a resident of this state, as defined by the Oregon Medical...
735.616 Portability coverage under pool.
(1) In addition to individuals otherwise qualified under ORS 735.615, the following individuals qualify for portability health insurance coverage under the Oregon Medical Insurance Pool...
735.620 Administration of pool insurance program.
(1) Except as provided in subsection (4) of this section, the Oregon Medical Insurance Pool Board shall select an insurer or insurers through a competitive...
735.625 Coverage; rules.
(1) Except as provided in subsection (3)(c) of this section, the Oregon Medical Insurance Pool Board shall offer major medical expense coverage to every eligible...
735.630 Exemption from liability.
Neither participation in the pool as members, the establishment of rates, forms or procedures, nor any other action taken in the performance of the powers...
735.635 Exemption from taxation.
The pool established pursuant to ORS 735.600 to 735.650 shall be exempt from any and all taxes assessed by the State of Oregon. [1987 c.838...
735.640 Study; adjustment of operation and benefits plans.
After two years of operation of the pool, and every two years thereafter, the Oregon Medical Insurance Pool Board shall conduct a study of the...
735.645 Notice of existence of pool.
Every insurer shall include a notice of the existence of the Oregon Medical Insurance Pool in any adverse underwriting decision on individual medical insurance for...
735.650 Application of provisions of Insurance Code.
(1) The following provisions of the Insurance Code shall apply to the pool to the extent applicable and not inconsistent with the express provisions of...
735.700 Definitions for ORS 735.700 to 735.714.
As used in ORS 735.700 to 735.714, unless the context requires otherwise: (1) �Carrier� means an insurance company or health care service contractor holding a...
735.701 Office of Private Health Partnerships.
(1) The Office of Private Health Partnerships is established. (2) The office shall carry out the duties described under ORS 414.831, 735.700 to 735.714 and...
735.702 Duties of office.
To increase access to health insurance and health care, the Office of Private Health Partnerships shall provide: (1) Information about health benefit plans and the...
735.703 Administrator.
(1) The Office of Private Health Partnerships is under the supervision and control of an administrator, who is responsible for the performance of the duties,...
735.704 [Formerly 653.725; repealed by 2005 c.744 §41]
735.705 Appointment of deputy director, officers and employees.
(1) The Administrator of the Office of Private Health Partnerships shall, by written order filed with the Secretary of State, appoint a deputy director. The...
735.706 Office of Private Health Partnerships Account.
The Office of Private Health Partnerships Account is established separate and distinct from the General Fund. All moneys received by the Office of Private Health...
735.707 Rules.
In accordance with applicable provisions of ORS chapter 183, the Administrator of the Office of Private Health Partnerships may adopt rules necessary for the administration...
735.708 [Formerly 653.735; repealed by 2005 c.744 §41]
735.709 Appointment of advisory committees.
(1) To aid and advise the Administrator of the Office of Private Health Partnerships in the performance of the functions of the Office of Private...
735.710 Additional duties of office; rules.
(1) In carrying out its duties under ORS 735.700 to 735.714 and 735.720 to 735.740, the Office of Private Health Partnerships shall: (a) Enter into...
735.711 Criminal records checks.
For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, the Office of Private Health Partnerships may require the fingerprints...
735.712 Office to encourage health insurance coverage among small employers.
(1) The Office of Private Health Partnerships shall encourage increased health insurance coverage among small employers: (a) By providing information, benefit comparisons, premium comparisons and...
735.714 Renewal of health benefit plans for small employers.
The Office of Private Health Partnerships may renew health benefit plans for small employers offered by the office on or after September 2, 2003, that...
735.720 Definitions for ORS 735.720 to 735.740.
For purposes of ORS 735.720 to 735.740: (1) �Carrier� has the meaning given that term in ORS 735.700. (2) �Eligible individual� means an individual who:...
735.722 Family Health Insurance Assistance Program; eligibility for participation; selection of administrator.
(1) There is established the Family Health Insurance Assistance Program in the Office of Private Health Partnerships. The purpose of the program is to remove...
735.724 Application to participate in program; issuance of subsidies; restrictions; enrollment in employer-sponsored coverage.
(1) To enroll in the Family Health Insurance Assistance Program established in ORS 735.720 to 735.740, an applicant shall submit a written application to the...
735.726 Level of assistance determinations.
(1) The Office of Private Health Partnerships shall determine the level of assistance to be granted under ORS 735.724 based on a sliding scale that...
735.728 Subsidies limited to funds appropriated; enrollment restrictions.
(1) Notwithstanding eligibility criteria and subsidy amounts established pursuant to ORS 735.720 to 735.740, subsidies shall be provided only to the extent the Legislative Assembly...
735.730 Establishment of minimum benefit requirements for plan subsidy.
The Office of Private Health Partnerships may, based on the recommendation of the Administrator of the Office for Oregon Health Policy and Research, establish minimum...
735.731 Coverage of immunizations; rules.
(1) The Family Health Insurance Assistance Program shall provide coverage of age-appropriate immunizations or other health care services when an eligible individual is enrolled in...
735.732 Confidentiality of information in enrollment applications; exchange of information with governmental agencies; use of Social Security numbers.
(1) Except as otherwise provided in this section and ORS 735.710, the Office of Private Health Partnerships may not disclose information provided to the office...
735.733 Basic benchmark health benefit plan eligible for subsidy.
The Office of Private Health Partnerships shall establish at least one basic benchmark health benefit plan that qualifies for a subsidy described by ORS 414.839....
735.734 Rules.
The Office of Private Health Partnerships, in consultation with the Administrator of the Office for Oregon Health Policy and Research and the Department of Human...
735.736 Family Health Insurance Assistance Program Account.
There is established in the State Treasury the Family Health Insurance Assistance Program Account, which shall consist of moneys appropriated to the account by the...
735.738 Reports of program operation.
The Administrator of the Office for Oregon Health Policy and Research shall report biennially to the appropriate interim human resources committee and to the Legislative...
735.740 Sanctions for violation of program requirements; civil penalties.
(1) The Office of Private Health Partnerships may impose sanctions against an individual who violates any provision of ORS 735.720 to 735.740 or rules adopted...
735.750 Definitions.
As used in ORS 735.750 to 735.756: (1) �Benefits plan� has the meaning given that term in ORS 735.605. (2) �Other costs� means costs incurred...
735.752 Eligibility for coverage for certain members.
Notwithstanding ORS 735.615 (3)(a) and (f), a subsidized member is eligible for coverage under ORS 735.600 to 735.650. [2003 c.684 §2] Note: See note under
735.754 System for payment or reimbursement of subsidies and costs.
(1) In order to increase public subsidies for the purchase of health insurance coverage provided by public programs or private insurance described by ORS 414.839,...
735.756 Determination of subsidies and costs.
(1) Of payments made to the Family Health Insurance Assistance Program by the Department of Human Services under ORS 735.754 (4), the department shall determine:...
735.990 [1987 c.774 §135; repealed by 1991 c.810 §29]

Last modified: August 7, 2008