ORS 731.511
Criteria to be met by assuming insurer in order to be accredited as reinsurer

  • rules

(1)

For purposes of allowing credit to a ceding domestic insurer under ORS 731.509 (Legislative intent) if the reinsurance is ceded to an assuming insurer that is accredited as a reinsurer in this state, an insurer may be accredited as a reinsurer in this state if the insurer:

(a)

Files and maintains with the Director of the Department of Consumer and Business Services evidence of the insurer’s submission to the jurisdiction of this state;

(b)

Submits to the authority of the director to examine the insurer’s books and records;

(c)

Is authorized or licensed to transact insurance or reinsurance in at least one state or, in the case of a United States branch of an alien assuming insurer, is entered through and authorized or licensed to transact insurance or reinsurance in at least one state;

(d)

Files annually with the director a copy of the insurer’s annual statement filed with the insurance department of the insurer’s state of domicile and a copy of the insurer’s most recent audited financial statement; and

(e)

Satisfies either of the following requirements:

(A)

Maintains combined capital and surplus in an amount that is not less than $20,000,000. An application for accreditation by an insurer who maintains the amount of combined capital and surplus specified in this subparagraph is approved if the application is not disapproved on or before the 90th day after the application is complete and is filed with the director.

(B)

Maintains combined capital and surplus in an amount less than $20,000,000. An insurer applying for accreditation that maintains the amount of combined capital and surplus specified in this subparagraph is not accredited until the director approves the application for accreditation.

(2)

An insurer that is accredited as a reinsurer in this state may accept reinsurance only of those risks and retain the risk of the reinsurance within such limits as the accredited reinsurer is otherwise authorized to insure directly in a state in which the accredited reinsurer is authorized or licensed to transact insurance.

(3)

The director may revoke the accreditation of an assuming insurer if the director determines that the assuming insurer has failed to continue to meet any of the requirements of subsection (1) of this section.

(4)

Intentionally left blank —Ed.

(a)

The director shall allow credit if the reinsurance is ceded to an assuming insurer that the director certifies has:

(A)

Maintained a minimum amount of capital and a surplus, or the equivalent, in an amount the director specifies by rule;

(B)

Maintained a financial strength rating from two or more rating agencies that the director by rule deems acceptable for this purpose;

(C)

Agreed to submit to the jurisdiction of the state, to appoint the director as the assuming insurer’s agent for the service of process in this state and to provide security for 100 percent of the assuming insurer’s liabilities that are attributable to reinsurance that ceding insurers have ceded, if the assuming insurer resists enforcement of a United States judgment;

(D)

Agreed to meet applicable information filing requirements that the director specifies by rule;

(E)

Included a covenant in the language of any trust the assuming insurer maintains to secure the assuming insurer’s obligations under ORS 731.509 (Legislative intent) (8), and in the language of an agreement between the assuming insurer and the commissioner with principal regulatory authority over the assuming insurer, that requires the assuming insurer to fund out of the remaining surplus of the trust any deficiency in a trust account that terminates; and

(F)

Satisfied any other requirements that the director specifies for certification.

(b)

The director may accredit an association as a reinsurer, including an incorporated underwriter or individual unincorporated underwriters, if the association, the incorporated underwriter or the individual unincorporated underwriter, as appropriate, meets the requirements set forth in paragraph (a) of this subsection and, in addition:

(A)

Satisfies minimum capital and surplus requirements by means of the capital and surplus equivalents, net of liabilities, of the association and the association’s members, which must include a joint central fund with an amount that the director determines is adequate to satisfy any unsatisfied obligation of the association or a member of the association;

(B)

Does not engage, as an incorporated member of the association, in any business other than underwriting and is subject to the same level of regulation and solvency control as the association’s unincorporated members are under the association’s domiciliary regulator; and

(C)

Provides to the director each year, within 90 days after the association must file financial statements with the association’s domiciliary regulator, a certification from the association’s domiciliary regulator as to the solvency of each underwriting member of the association or, if a certification is not available, financial statements of each underwriting member of the association that certified public accounts have prepared.

(5)

Intentionally left blank —Ed.

(a)

The director shall publish a list of jurisdictions that the director considers qualified for the purpose of accrediting as a reinsurer an assuming insurer that is licensed and domiciled in the jurisdiction.

(b)

To determine whether a domiciliary jurisdiction outside the United States is qualified for the purpose described in paragraph (a) of this subsection, the director shall:

(A)

Evaluate and monitor how appropriate and effective the jurisdiction’s insurance supervisory system is and the extent to which the jurisdiction affords reinsurers that are licensed and domiciled in the United States rights, benefits and reciprocal recognition;

(B)

Require that the jurisdiction share information and cooperate with the director in any matter that concerns a reinsurer that the director accredits and that is domiciled within the jurisdiction;

(C)

Refuse to accredit a jurisdiction if the jurisdiction does not promptly and adequately enforce final United States judgments and arbitration awards; and

(D)

Consider other criteria the director deems appropriate.

(c)

To determine whether a domiciliary jurisdiction inside the United States is qualified for the purpose described in paragraph (a) of this subsection, the director shall:

(A)

Consider the list of qualified jurisdictions that the National Association of Insurance Commissioners publishes and, if the director accredits a jurisdiction that does not appear on the National Association of Insurance Commissioners’ list, justify the director’s accreditation with appropriate documentation in accordance with rules the director adopts for this purpose; and

(B)

Accredit United States jurisdictions that meet the requirements of the National Association of Insurance Commissioners’ financial standards and accreditation program.

(d)

If an assuming insurer’s domiciliary jurisdiction ceases to qualify under paragraph (b) or (c) of this subsection, the director may suspend indefinitely the assuming insurer’s accreditation as a reinsurer.

(6)

Intentionally left blank —Ed.

(a)

The director by rule shall designate rating agencies upon which the director will rely for financial strength ratings for accredited reinsurers and shall give appropriate consideration to the rating agencies’ financial strength ratings in assigning ratings to each accredited reinsurer. The director shall publish a list of the accredited reinsurers together with the director’s corresponding rating for each.

(b)

An accredited reinsurer shall secure obligations the accredited reinsurer assumes from ceding insurers at a level that is consistent with the rating the director assigns and in accordance with rules the director adopts.

(7)

Intentionally left blank —Ed.

(a)

In order for a ceding domestic insurer to qualify for full financial statement credit for reinsurance that the ceding domestic insurer cedes to an accredited reinsurer, the accredited reinsurer must maintain security in a form that is acceptable to the director and that is consistent with the requirements of ORS 731.510 (Criteria for allowing reduction from liability for reinsurance) or maintain security in a trust fund in accordance with ORS 731.509 (Legislative intent) (8), except as otherwise provided in this section.

(b)

If an accredited reinsurer maintains a trust fund to fully secure the accredited reinsurer’s obligations under ORS 731.509 (Legislative intent) (8) and the trust fund is a multibeneficiary trust, the accredited reinsurer shall maintain separate trust accounts for the obligations the accredited reinsurer incurs under reinsurance agreements the accredited reinsurer issued or renewed as an accredited reinsurer with reduced security, as provided under this section or under comparable laws of other United States jurisdictions, and for obligations the accredited reinsurer incurs that are subject to ORS 731.509 (Legislative intent) (8).

(c)

The minimum trusteed surplus requirements under ORS 731.509 (Legislative intent) (8) do not apply to an accredited reinsurer that maintains a multibeneficiary trust for the purpose of securing obligations under this subsection, except that the trust must maintain a minimum trusteed surplus of $10,000,000.

(8)

The director shall reduce the allowable credit for ceding insurers by an amount that is proportionate to any deficiency in the security required for an accredited reinsurer under this section. The director may also reduce the allowable credit further if the director finds that a material risk exists that the accredited reinsurer will not pay the accredited reinsurer’s obligations in full when due.

(9)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (b) of this subsection, the director shall require an accredited reinsurer that has become inactive or has voluntarily surrendered accreditation as an accredited reinsurer, or for which the director has revoked or suspended accreditation, to secure 100 percent of the reinsurer’s obligations.

(b)

The security requirement described in paragraph (a) of this subsection does not apply to an accredited reinsurer that is inactive, or for which the director has suspended accreditation, if the director maintains a high rating for the reinsurer under subsection (6) of this section.

(10)

The director may accredit an assuming insurer as a reinsurer in this state if a jurisdiction that the National Association of Insurance Commissioners has qualified as meeting the association’s financial standards and accreditation has certified the assuming insurer as a reinsurer. The director may also assign to the accredited reinsurer the rating that the qualifying jurisdiction assigned to the accredited reinsurer.

(11)

An accredited reinsurer that ceases to assume new business in this state may apply to the director to become inactive and to qualify for a reduction in security for the business the accredited reinsurer maintains. An inactive accredited reinsurer shall comply with all other applicable requirements of this section and the director shall assign a rating to the accredited reinsurer that accounts for the reasons that the accredited reinsurer is not assuming new business, if the reasons are relevant to the rating.

(12)

Intentionally left blank —Ed.

(a)

The director may suspend or revoke an assuming insurer’s accreditation as a reinsurer in this state if the assuming insurer fails to meet applicable requirements for accreditation.

(b)

The director shall give an accredited reinsurer notice and an opportunity for a hearing before taking action under paragraph (a) of this subsection and a suspension or revocation is not effective until after the director’s final order unless:

(A)

The accredited reinsurer waives the opportunity for a hearing;

(B)

The director bases the final order on regulatory action by the accredited reinsurer’s domiciliary jurisdiction or on the accredited reinsurer’s having voluntarily surrendered or terminated the accredited reinsurer’s authorization to transact insurance or reinsurance in the domiciliary jurisdiction or in a jurisdiction whose certification of the reinsurer formed the basis upon which the director accredited the reinsurer in this state under subsection (10) of this section; or

(C)

The director finds that an emergency requires immediate action and a court does not stay the director’s action.

(13)

A reinsurance contract issued or renewed after the director suspends an accredited reinsurer’s certification does not qualify for credit unless the reinsurer secures the reinsurer’s obligations in accordance with ORS 731.510 (Criteria for allowing reduction from liability for reinsurance). The director may not grant credit for reinsurance after the effective date of the director’s revocation of accreditation unless the reinsurer secures the reinsurer’s obligations in accordance with subsections (6), (7) and (9) of this section or ORS 731.510 (Criteria for allowing reduction from liability for reinsurance).

(14)

The director may adopt rules to implement the provisions of this section including, but not limited to, rules that adopt guidelines, rules, regulations or interpretive letters from the National Association of Insurance Commissioners that apply to reinsurance collateral requirements for alien reinsurers. [1993 c.447 §67; 2019 c.151 §23; 2021 c.204 §3]

Source: Section 731.511 — Criteria to be met by assuming insurer in order to be accredited as reinsurer; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors731.­html.

731.004
Short title
731.008
Purpose of Insurance Code
731.012
Effect of federal law
731.016
Construction of Insurance Code
731.022
Compliance with Insurance Code required
731.026
Application of Insurance Code to particular insurers
731.028
Applicability of certain Insurance Code provisions to State Accident Insurance Fund Corporation
731.036
Persons completely exempt from application of Insurance Code
731.038
Application of Insurance Code to charitable organizations that issue charitable gift annuities
731.039
Requirements for certain educational institutions or nonprofit corporations issuing charitable gift annuities
731.042
Certificate of exemption
731.046
Exemption of policies from Securities Law
731.052
Insurance Code definitions
731.056
“Action.”
731.066
“Authorized,” “unauthorized” insurer
731.069
“Certificate,” “certificate holder.”
731.072
“Certificate of authority,” “license.”
731.074
“Commercial liability insurance.”
731.075
“Covered life.”
731.076
“Department,” “director.”
731.082
“Domestic,” “foreign,” “alien” insurer
731.086
“Domestic risk.”
731.092
“Domicile.”
731.096
“Domicile of alien insurer.”
731.097
“Essential health benefits.”
731.098
“Group health insurance.”
731.099
“Independently procured insurance.”
731.102
“Insurance.”
731.104
“Insurance producer.”
731.106
“Insurer.”
731.112
“Judgment.”
731.114
“Limited benefit coverage.”
731.116
“Person.”
731.122
“Policy.”
731.126
“Reinsurance.”
731.132
“Required capitalization.”
731.136
“State.”
731.142
“Stock,” “mutual” and “reciprocal” insurer
731.144
“Surplus lines insurance.”
731.146
“Transact insurance.”
731.150
Definitions of classes of insurance not mutually exclusive
731.154
“Annuity.”
731.156
“Variable life insurance”
731.158
“Casualty insurance.”
731.162
“Health insurance.”
731.164
“Home protection insurance,” “home protection insurer.”
731.166
“Industrial life insurance.”
731.170
“Life insurance”
731.174
“Marine and transportation insurance.”
731.178
“Mortgage insurance.”
731.182
“Property insurance.”
731.186
“Surety insurance.”
731.190
“Title insurance.”
731.194
“Wet marine and transportation insurance.”
731.216
Administrative power of director
731.228
Prohibited interests and rewards
731.232
Subpoena power
731.236
General powers and duties
731.240
Hearings in general
731.244
Rules
731.248
Orders
731.252
Cease and desist orders
731.256
Enforcement generally
731.258
Enforcement of orders and decisions by Attorney General
731.259
Requirement for written notice to insured
731.260
False or misleading filings
731.264
Complaints and investigations confidential
731.268
Use of reproductions and certified copies as evidence
731.272
Director’s annual reports
731.276
Recommendations for changes in Insurance Code
731.280
Publications authorized
731.282
Authority to sell publications
731.284
Distribution of insurance laws
731.288
Recording complaints
731.292
Disposition of fees, charges, taxes, penalties and other moneys
731.296
Director’s inquiries
731.300
Examination of insurers
731.302
Appointment of examiners
731.304
Investigation of persons transacting insurance
731.308
Procedure at examination or investigation
731.312
Report of examination
731.314
Immunity for director, examiner and others
731.316
Expenses of examination of insurer
731.324
Service of process on Secretary of State
731.328
Deposits by unauthorized insurers in actions or proceedings
731.354
Certificate of authority required
731.356
Unauthorized insurance transaction enforcement
731.358
Requirements of domestic insurers generally
731.362
Requirements of foreign or alien insurers generally
731.363
Authorized foreign insurer becoming domestic insurer
731.364
Domestic insurer transferring domicile to another state
731.365
Effect of transfer of domicile by domestic or foreign insurer
731.367
Transfer of domicile by unincorporated authorized foreign insurer
731.369
Requirements of reciprocal insurers generally
731.370
Reciprocal insurer’s financial statement
731.371
Powers of reciprocal insurer regarding real estate
731.374
Exemptions to certificate of authority requirement
731.378
Foreign and alien insurers exempt from laws governing admission of foreign and alien corporations
731.380
Authority of foreign and alien insurers to take, acquire, hold and enforce notes secured by mortgages
731.381
Exemption from taxes for foreign and alien insurers engaging in activities authorized by ORS 731.380
731.382
General eligibility for certificate of authority
731.385
Standards for determining whether continued operation of insurer is hazardous
731.386
Management of insurers
731.390
Government insurers not to be authorized
731.394
Combinations of insuring powers in one insurer
731.396
Certificate of authority and good financial condition required to issue variable life insurance or variable annuity policies
731.398
Amendment of certificate of authority
731.402
Issuance or refusal of certificate of authority
731.406
What certificate evidences
731.410
Continuance, expiration or reinstatement of certificate of authority
731.414
Suspension or revocation of certificate of authority
731.418
Grounds for suspension or revocation of certificate of authority
731.422
Order of suspension, revocation or refusal
731.426
Duration of suspension
731.428
Written consent to engage or participate in business of insurance
731.430
Name of insurer
731.434
Registered office and agent
731.438
Title plant requirement for title insurers
731.439
Satisfaction of requirements of ORS 731.438 (1) by certain title plants
731.442
Prohibition on transacting life insurance business on mutual assessment plan
731.446
Policyholder deposits
731.450
Unrelated business prohibited
731.454
Domestic insurers not to transact business in jurisdiction where not authorized
731.458
Exchange of reciprocal or interinsurance contracts
731.462
Nonassessable policies of reciprocal insurer
731.466
Power of attorney for reciprocal insurer
731.470
Attorney for reciprocal insurer
731.475
Claims processing by workers’ compensation insurer
731.480
Workers’ compensation policies
731.482
Withdrawal from, failure to renew or cancellation of line by commercial liability insurer
731.484
Prohibition on certain sales related to group health and group life insurance
731.485
Conditions under which insurer may limit insured’s choice of drug outlets and pharmacies
731.486
Exemption from definition of “transact insurance” for group health and life policies
731.488
Annual audit of insurer
731.492
Required notification to claimant upon insurer’s payment to settle third-party liability claim
731.504
Limit of risk
731.508
Approved reinsurance
731.509
Legislative intent
731.510
Criteria for allowing reduction from liability for reinsurance
731.511
Criteria to be met by assuming insurer in order to be accredited as reinsurer
731.512
Withdrawal of insurer
731.514
Ceding insurer’s management of reinsurance recoverables
731.516
Mortgage insurance limitation
731.520
Conditions that insurers assuming ceded reinsurance must meet for allowance of credit
731.554
Capital and surplus requirements
731.562
Title insurer capital and surplus requirements
731.566
Reciprocal insurer surplus requirements
731.570
Withdrawing advancements made to reciprocal insurer
731.574
Annual financial statement
731.590
“Insurer” defined for ORS 731.592 and 731.594
731.592
Reporting criminal conduct involving insurance
731.594
Immunity from civil liability
731.604
Acceptance of deposits of insurers
731.608
Purpose of deposit
731.612
Rights of insurer regarding deposits
731.616
Valuation of deposits
731.620
Assignment of deposited securities
731.624
Special deposits
731.628
Deposit required of workers’ compensation insurers
731.632
Deposit required of domestic reciprocal insurers
731.636
Deposit or trusteed assets of alien insurer required
731.640
Eligible deposits
731.642
Contracts for security deposits
731.644
Payment of losses out of deposits, generally
731.648
Duration and release of deposit
731.652
Proofs for release of deposit to insurers
731.730
Insurer filings with National Association of Insurance Commissioners
731.731
Immunity for certain persons dealing with information collected from filings under ORS 731.730
731.735
Certain information confidential
731.737
Immunity from liability for certain persons filing reports or furnishing information about specified activities to specified persons
731.750
Confidentiality of report of material acquisitions or dispositions of assets, material nonrenewals, cancellations and revisions of ceded reinsurance agreements
731.752
Confidentiality of report used for determination of required amount of capital or surplus
731.754
Permissible uses of reports and plans described in ORS 731.752
731.760
Definitions for ORS 731.760 to 731.770
731.761
Privileged information
731.762
Authority of director
731.764
Waiver of privilege
731.766
Petition for in camera hearing
731.768
Privilege
731.770
Other privileges or limitations pertaining to audit document
731.804
Assessments
731.808
“Gross amount of premiums” defined
731.812
Foreign and alien insurer’s report of Oregon business
731.820
Gross premium tax on fire insurance premiums
731.822
Prepayment of tax due
731.824
Tax on underwriting profits of wet marine and transportation insurers
731.828
Computation of wet marine and transportation insurance tax
731.830
Premium tax on gross amount of premiums insurer receives for wet marine and transportation insurance
731.833
Record keeping requirements for wet marine and transportation insurance contracts
731.834
Insurance producer’s collection of taxes on wet marine and transportation insurance
731.836
Limitation on enforcement of insurer’s tax obligations
731.840
Retaliatory or corporate excise tax in lieu of certain taxes and assessments
731.841
Conditions under which local authority to tax insurer is preempted
731.842
Adjustment of amount to be prepaid for taxes
731.844
No personal liability for paying invalid tax
731.854
Retaliatory tax
731.859
Applicability of retaliatory provisions
731.870
State of emergency
731.988
Civil penalties
731.992
Criminal penalty
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