ORS 734.063
Court order

  • hearings
  • notice

(1)

Upon petition by the Director of the Department of Consumer and Business Services under ORS 734.059 (Request for court order), the court may issue the requested order immediately, ex parte and without hearing. The court in its order shall specify the duration of the order. The duration of an order shall be a period sufficient to enable the director to ascertain the condition of the insurer.

(2)

On motion of the director or the insurer against whom an order under this section is issued, or on the court’s own motion, the court may hold such hearings from time to time as the court determines are desirable, after such notice as it determines appropriate, and may extend, shorten or modify the terms of the order.

(3)

The court may vacate an order issued under this section if the court determines that the director has not commenced a rehabilitation or liquidation proceeding within a reasonable time.

(4)

An order of the court directing a rehabilitation or liquidation proceeding vacates the order issued under this section.

(5)

Entry of a seizure order under this section does not constitute an anticipatory breach of any contract of the insurer.

(6)

At any time after a court issues an order under this section, the court may direct that notice of the order be given to a person if the court determines both of the following:

(a)

That the person was not notified of the hearing on the order and did not appear at the hearing.

(b)

That the interest of the person is or will be substantially affected by the order. [1989 c.425 §11]

Source: Section 734.063 — Court order; hearings; notice, https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html.

734.014
Definitions
734.026
“Domiciliary,” “ancillary” and “reciprocal state” defined
734.043
Supervision of insurer
734.047
Time for correction of condition leading to order of supervision
734.051
Actions by director during period of supervision
734.055
Action against person violating order of supervision
734.059
Request for court order
734.063
Court order
734.067
Review of court order
734.110
Jurisdiction of delinquency proceedings
734.113
Application of Oregon Receivership Code
734.120
Exclusive remedy
734.130
Commencement of delinquency proceeding
734.140
Injunctions
734.142
Cooperation with director in delinquency proceedings
734.144
Immunity of certain persons from civil liability
734.150
Grounds for rehabilitation of domestic insurers
734.160
Order of rehabilitation for domestic insurers
734.170
Grounds for liquidation of domestic insurers
734.180
Order of liquidation of domestic insurers
734.190
Grounds for conservation of foreign and alien insurers
734.200
Conservation or ancillary receivership of foreign and alien insurers
734.210
Conduct of delinquency proceedings for domestic insurers
734.220
Powers of director as receiver
734.230
Deputies and assistants
734.240
Conduct of delinquency proceedings for foreign insurers
734.250
Right of domiciliary receiver to sue in this state
734.260
Claims of nonresidents against domestic insurers
734.270
Claims of residents against foreign insurers
734.280
Form of claim
734.290
Priority of preferred claims
734.300
Priority of special deposit claims
734.310
Priority of secured claims
734.320
Attachment and garnishment of assets
734.340
Date rights fixed on liquidation
734.350
Voidable transfers
734.360
Preference of claims
734.370
Offsets
734.380
Allowance of certain claims
734.390
Time to file claims
734.400
Report for assessment
734.410
Levy of assessment
734.420
Order to pay assessment
734.430
Publication and transmittal of assessment order
734.440
Judgment upon assessment
734.510
Definitions for ORS 734.510 to 734.710
734.520
Purpose
734.530
Construction
734.540
Application
734.550
Oregon Insurance Guaranty Association
734.555
Application to association of certain laws governing corporations
734.560
Association board of directors
734.570
Required functions of association
734.575
Refunds from association deposited in General Fund
734.579
Recoupment assessments
734.580
Discretionary functions of association
734.590
Plan of operation
734.600
Contents of plan of operation
734.610
Notification to association of insurer insolvency
734.620
Notification of insolvency to insured persons
734.630
Assignment of claim rights
734.635
Disbursing assets of insolvent insurer to association
734.640
Claim priority
734.650
Notifying director of impaired insurers
734.660
Regulation of association as insurer
734.670
Exemption of association from payment of fees and taxes
734.690
Immunity from legal action
734.695
Liability of insured of insolvent insurer
734.700
Defense of claims on default of insolvent insurer
734.710
Administration of delinquency proceeding claims and expenses
734.750
Short title
734.760
Definitions for ORS 734.750 to 734.890
734.770
Purpose
734.780
Construction
734.790
Application
734.800
Oregon Life and Health Insurance Guaranty Association
734.805
Association board of directors
734.810
Duties and powers of association
734.815
Assessment of members
734.820
Plan of operation
734.825
Powers and duties of director
734.830
Notifying director of impaired insurers
734.835
Assessments offset against tax liabilities
734.840
Conduct of liquidation, rehabilitation or conservation proceeding involving impaired or insolvent insurer
734.850
Examination and regulation of association by director
734.860
Exemption of association from payment of fees and taxes
734.870
Immunity from legal action
734.880
Stay of proceeding involving insolvent insurer
734.890
Association not to be used in sales or solicitation
Green check means up to date. Up to date