ORS 415.404
Contingent claims
(1)
A contingent claim against a coordinated care organization shall be filed, presented and reported in the same manner and within the same time limitations as provided in ORS 415.400 (Filing proof of claim against CCO declared by court to be insolvent) for a noncontingent claim. Contingent claims shall be allowed to share in a distribution of assets in the same manner as noncontingent claims of the same class and priority, provided that the contingent claim becomes an absolute claim either as a result of proof presented or litigation.(2)
Nothing in subsection (1) of this section prevents or bars the Oregon Health Authority from compromising a disputed claim with a claimant, whether contingent or noncontingent, if the compromise is justified and supported by the facts and circumstances.(3)
If full or partial distribution to noncontingent claimants is authorized or directed by the court prior to satisfaction of the requirements of subsection (1) of this section, the authority shall retain a sum equal to the amount that would have been paid on the contingent claims if the requirements in subsection (1) of this section had been met. The amount withheld shall be distributed to the person or persons found by the court to be entitled to a distribution when:(a)
The contingent claims are fully established as provided in subsection (1) of this section; or(b)
The authority is satisfied that the contingent claims are without merit or cannot be proved or established, or the statute of limitations would bar further consideration or recovery on the claim.(4)
Intentionally left blank —Ed.(a)
A judgment entered after the commencement of a delinquency proceeding is conclusive evidence in the liquidation proceeding, either of liability or of the amount of damages.(b)
A judgment entered after the date of entry of a liquidation order may not be considered in the liquidation proceedings as evidence of liability or of the amount of damages. [2019 c.478 §44]
Source:
Section 415.404 — Contingent claims, https://www.oregonlegislature.gov/bills_laws/ors/ors415.html.
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