ORS 731.028
Applicability of certain Insurance Code provisions to State Accident Insurance Fund Corporation
(1)
The State Accident Insurance Fund Corporation is subject as a domestic insurer to ORS 731.248 (Orders), 731.252 (Cease and desist orders), 731.256 (Enforcement generally), 731.258 (Enforcement of orders and decisions by Attorney General), 731.260 (False or misleading filings), 731.296 (Director’s inquiries) to 731.316 (Expenses of examination of insurer), 731.488 (Annual audit of insurer), 731.574 (Annual financial statement), 731.592 (Reporting criminal conduct involving insurance), 731.594 (Immunity from civil liability), 731.730 (Insurer filings with National Association of Insurance Commissioners), 731.731 (Immunity for certain persons dealing with information collected from filings under ORS 731.730), 731.735 (Certain information confidential), 731.737 (Immunity from liability for certain persons filing reports or furnishing information about specified activities to specified persons), 731.870 (State of emergency), 731.988 (Civil penalties), 731.992 (Criminal penalty), 733.010 (Assets allowed) to 733.060 (Unearned premium reserve), 733.140 (Disallowance of “wash” transactions) to 733.170 (Accounts and records), 733.210 (Director’s determinations), 737.205 (Filing rates, plans with director), 737.215 (Effect of noncompliance with rating regulation), 737.225 (Records requirements), 737.235 (Examining rating systems of insurers) to 737.340 (Initiation of proceedings by aggrieved person to determine lawfulness of filings), 737.505 (Insured entitled to rate information) and 737.560 (Rating organization membership), ORS chapters 742, 743, 743A, 743B and 744 and ORS 746.015 (Discrimination), 746.075 (Misrepresentation generally), 746.110 (False, deceptive or misleading statements), 746.145 (Workers’ compensation insurance) to 746.155 (Applicability of ORS 746.145 and 746.150), 746.230 (Unfair claim settlement practices) and 746.240 (Undefined trade practices injurious to public prohibited). However:(a)
The requirements of the Director of the Department of Consumer and Business Services under ORS 733.010 (Assets allowed) to 733.060 (Unearned premium reserve), 733.140 (Disallowance of “wash” transactions) to 733.170 (Accounts and records) and 733.210 (Director’s determinations) govern in the case of a conflict between those requirements and the requirements of any accounting system prescribed by the Oregon Department of Administrative Services.(b)
The filing requirements of ORS 737.205 (Filing rates, plans with director) to 737.340 (Initiation of proceedings by aggrieved person to determine lawfulness of filings), 737.505 (Insured entitled to rate information) and 737.560 (Rating organization membership) are in lieu of any similar filing requirements prescribed by any other law of this state.(c)
The requirements of ORS chapters 743, 743A and 743B are applicable only with respect to excess workers’ compensation insurance furnished by the corporation.(d)
The provisions of ORS chapter 744 apply only with respect to the regulation of insurance producers.(e)
For each year that the Secretary of State conducts an audit of the State Accident Insurance Fund Corporation under ORS 297.210 (Audits of accounts of state agencies and state-aided institutions and agencies), the director may accept the audit and a copy of the Secretary of State’s audit report in lieu of the requirements of ORS 731.488 (Annual audit of insurer) if the director determines that the purposes of ORS 731.488 (Annual audit of insurer) are adequately served by the Secretary of State’s audit and report. The Secretary of State shall file a copy of its audit report of the State Accident Insurance Fund Corporation with the director.(2)
The provisions of subsection (1) of this section govern in the case of a conflict between those provisions and the provisions of ORS chapter 656 that apply only to the State Accident Insurance Fund Corporation. [1971 c.385 §2; 1977 c.405 §5; 1979 c.815 §7; 1979 c.829 §7; 1987 c.884 §4; 1989 c.701 §69; 1991 c.340 §1; 1991 c.401 §31; 1993 c.447 §116; 1995 c.79 §356; 1999 c.633 §5; 2003 c.364 §63; 2003 c.689 §1; 2008 c.22 §3]
Source:
Section 731.028 — Applicability of certain Insurance Code provisions to State Accident Insurance Fund Corporation, https://www.oregonlegislature.gov/bills_laws/ors/ors731.html.
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