Oregon Statutes 731.652 – Proofs for release of deposit to insurers; directors responsibility
(1) Before releasing any deposit or portion thereof to the insurer, as provided in ORS § 731.648, the Director of the Department of Consumer and Business Services shall require the insurer to file with the director a written statement in such form and with such verification as the director deems advisable setting forth the facts upon which it bases its entitlement to such release.
Terms Used In Oregon Statutes 731.652
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Oath: A promise to tell the truth.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) If release of the deposit is claimed by the insurer upon the ground that all its liabilities, as to which the deposit was held, have been assumed by another insurer authorized to transact insurance in this state, the insurer shall file with the director a copy of the contract or agreement of such reinsurance duly attested under the oath of an officer of each of the insurers that are parties thereto.
(3) If release of the deposit is claimed by a domestic insurer upon the ground that all its liabilities, as to which the deposit was held, have been terminated other than by reinsurance, the director shall make an examination of the affairs of the insurer for determination of the actuality of such termination.
(4) Upon being satisfied by such statement and reinsurance contract, or examination of the insurer if required under subsection (3) of this section, or by such other examination of the affairs of the insurer as the director deems advisable to make, that the insurer is entitled to the release of its deposit or portion thereof as provided in ORS § 731.648, the director shall release the deposit or excess portion thereof to the insurer or its authorized representative.
(5) If the director willfully fails faithfully to keep, deposit, account for or surrender any such assets or securities deposited through the director in the manner as authorized or required under the Insurance Code, the director shall be liable therefor upon the director’s official bond, and suit may be brought upon the bond by any person injured by such failure. The director shall not, however, have any liability as to any assets or securities of an insurer released by the director in good faith pursuant to the authority vested in the director under the Insurance Code. [1967 c.359 § 124; 1999 c.196 § 9]
[Formerly 128.820; 1971 c.425 § 2; 1975 c.699 § 1; 1983 c.740 § 253; 1989 c.326 § 1; 1989 c.413 § 4; 1991 c.189 § 1; 1991 c.190 § 1; 1993 c.53 § 1; 1997 c.735 § 1; repealed by 2005 c.31 § 4]
[Formerly 128.830; 1995 c.639 § 2a; repealed by 2005 c.31 § 4]
[1967 c.359 § 127; 1971 c.425 § 3; 1989 c.784 § 15; repealed by 2005 c.31 § 4]
[Formerly 128.850; 1971 c.425 § 4; repealed by 2005 c.31 § 4]
[Formerly 128.860; 1971 c.425 § 5; 1993 c.377 § 2; 1995 c.639 § 2; 1997 c.131 § 2; repealed by 2005 c.31 § 4]
[Formerly 128.880; 1971 c.425 § 6; repealed by 2005 c.31 § 4]
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