Oregon Statutes 278.052 – Right of action against person responsible for loss; investigations
(1) If a payment is made out of the Insurance Fund to or for a state agency for any loss covered by the Insurance Fund, the Oregon Department of Administrative Services is subrogated, to the extent of the payment, to the rights of the state agency against any person or other entity legally responsible in damages for the loss. The department may commence an appropriate action in any court, in the name of the state, to enforce the rights. Any amounts recovered as a result of the proceeding shall be paid into the State Treasury and credited to the Insurance Fund.
Terms Used In Oregon Statutes 278.052
- agency: means each state branch, institution, department, board, commission or activity of whatever nature. See Oregon Statutes 278.005
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Oregon Department of Administrative Services. See Oregon Statutes 278.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
(2) The department may conduct an investigation of a loss to determine whether legal action should be commenced. The department may administer oaths and examine witnesses in connection with its investigation. The State Fire Marshal and the Department of State Police and all state agencies covered under this chapter shall cooperate with the Oregon Department of Administrative Services in the investigation. [1961 c.448 § 12; 1985 c.731 § 11; 1991 c.566 § 4]
[1953 c.581 § 6; repealed by 1975 c.605 § 33]
[1953 c.581 § 7; repealed by 1975 c.605 § 33]
[Amended by 1961 c.448 § 13; 1981 c.109 § 11; repealed by 1985 c.731 § 32]
[Amended by 1961 c.448 § 14; repealed by 1985 c.731 § 32]