ORS 734.270
Claims of residents against foreign insurers


(1)

In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against such insurer who reside within this state may file claims either with the ancillary receiver, if any, appointed in this state, or with the domiciliary receiver. All such claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceedings.

(2)

Controverted claims belonging to claimants residing in this state may either:

(a)

Be proved in the domiciliary state as provided by the law of that state; or

(b)

If ancillary proceedings have been commenced in this state, be proved in those proceedings.

(3)

In the event that any such claimant elects to prove a claim in this state, the claimant shall file a claim with the ancillary receiver in the manner provided by this chapter for the proving of claims against insurers domiciled in this state, and the claimant shall give notice in writing to the receiver in the domiciliary state, either by registered or certified mail or by personal service at least 40 days prior to the date set for hearing. The notice shall contain a concise statement of the amount of the claim, the facts on which the claim is based, and the priorities asserted, if any. If the domiciliary receiver, within 30 days after the giving of such notice, shall give notice in writing to the ancillary receiver and to the claimant, either by registered or certified mail or by personal service, of intention to contest such claim, the domiciliary receiver shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim. The final allowance of the claim by the courts of this state shall be accepted as conclusive as to its amount, and shall also be accepted as conclusive as to its priority, if any, against special deposits or other security located within this state. [Formerly 751.050]

Source: Section 734.270 — Claims of residents against foreign insurers, https://www.­oregonlegislature.­gov/bills_laws/ors/ors734.­html.

Notes of Decisions

Motion to stay proceedings by defendant, where defendant was subject of proceeding under Uniform Insurers Liquidation Act in its domiciliary state for which no ancillary receiver had been appointed in this state, was proper. Nasef v. U. & I. Investments, 91 Or App 344, 755 P2d 136 (1988)

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