Rehabilitation, Liquidation and Conservation of Insurers
Grounds for rehabilitation of domestic insurers
(1)The insurer is impaired.
(2)The insurer has failed to submit its books, papers, accounts or affairs to the reasonable inspection and examination of the director.
(3)Without first obtaining the written consent of the director, the insurer has by contract of reinsurance, or otherwise, transferred or attempted to transfer substantially its entire property or business, or has entered into any transaction the effect of which is to merge, consolidate or reinsure substantially its entire property or business in or with the property or business of any other person, without first having complied with ORS 732.517 (Purpose of ORS 732.517 to 732.546) to 732.546 (Severability) and 742.150 (Approval by director) to 742.162 (Transfer and novation of policy effected by director).
(4)The insurer is in such condition that its further transaction of business would be hazardous to its policyholders, creditors, stockholders or the public.
(5)The insurer has violated its articles of incorporation, its bylaws, any law of this state or any order of the director.
(6)Any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director or trustee, employee or other person, has refused to be examined under oath by the director concerning its affairs, whether in this state or elsewhere, and after reasonable notice of the fact, the insurer has not promptly and effectively terminated the employment and status of the person and all influence of the person on management.
(7)The insurer or its property has been or is the subject of an application for the appointment of a receiver, trustee, custodian, conservator or sequestrator or similar fiduciary of the insurer or of its property other than as authorized under the Insurance Code, and the appointment has been made or is imminent, and the appointment might deprive the courts of this state of jurisdiction or might prejudice orderly delinquency proceedings.
(8)The insurer has consented to such an order through a majority of its directors, stockholders, members or subscribers.
(9)The insurer has failed to pay any obligation to any state or any subdivision thereof or any final judgment rendered against it in any state within 60 days after the judgment became final or within 60 days after time for taking an appeal has expired, or within 60 days after dismissal of an appeal before final determination, whichever date is the later, if the court in which the judgment was entered had jurisdiction over the subject matter.
(10)The insurer has had its certificate of authority to transact insurance in this state revoked.
(11)There is reasonable cause to believe that there has been embezzlement from the insurer, wrongful sequestration or diversion of the insurer’s assets, forgery or fraud affecting the insurer or other illegal conduct in, by or with respect to the insurer that if established would endanger assets in an amount threatening the solvency of the insurer.
(12)The insurer has failed to remove any person who in fact has executive authority in the insurer, whether an officer, manager, general agent, director or trustee, employee or other person, if the person has been found by the director to be dishonest or untrustworthy in a way affecting the insurer’s business.
(13)Control of the insurer, whether by stock ownership or otherwise, and whether direct or indirect, is in a person or persons found to be untrustworthy.
(14)The insurer has failed to file its annual report or other financial report required by statute within the time allowed by law or within any additional time allowed by the director. [Formerly 738.450; 1993 c.447 §96; 1995 c.30 §11]
Atty. Gen. Opinions
State is not liable for losses incurred by Oregon Medical Insurance Pool and pools' policy holders bear ultimate risk of pools' insolvency, in that there would be no source of funds to pay benefits under their policies, (1989) Vol 46, p 155