2017 ORS 735.075¹
Discretionary association functions

The Oregon FAIR Plan Association may:

(1) With the approval of the Director of the Department of Consumer and Business Services, employ or retain such persons and designate such inspection bureaus and service insurers as are necessary to handle applications, inspect and insure property and perform the other duties of the association.

(2) Borrow funds as necessary to carry out ORS 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties) in such manner as may be specified in the plan.

(3) Sue or be sued.

(4) Negotiate and become a party to such contracts as are necessary to carry out ORS 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties).

(5) At the end of any calendar year, refund to member insurers, in proportion to each insurer’s payments to the association, the amount by which the board of directors finds that the funds of the association exceed its current liabilities plus the liabilities estimated for the coming year.

(6) Perform such other acts as are necessary or proper to carry out ORS 735.005 (Definitions for ORS 735.005 to 735.145) to 735.145 (Immunity from legal action in carrying out duties). [1971 c.321 §9]

Notes of Decisions

Under this sec­tion, Oregon Fair Plan Associa­tion can be sued for breach of contract, and there is no conflict with ORS 735.145 (Immunity from legal action in carrying out duties), providing tort immunity. Louie v. State, 37 Or App 49, 586 P2d 364 (1978)

1 Legislative Counsel Committee, CHAPTER 735—Alternative Insurance, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors735.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 735, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano735.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.