2017 ORS 735.405¹
Definitions for ORS 735.400 to 735.495

As used in ORS 735.400 (Purposes of ORS 735.400 to 735.495) to 735.495 (Short title):

(1) “Admitted insurer” means an insurer authorized to do an insurance business in this state.

(2) “Affiliated group” means any group of entities that, with respect to an insured, exercise control over the insured, are under the control of the insured, or are under common control with the insured.

(3) “Capital” means funds paid in for stock or other evidence of ownership.

(4) “Control” means a situation where a controlling entity:

(a) Directly, or acting through one or more other persons, owns or has the power to vote 25 percent or more of any class of voting securities of the controlled entity; or

(b) Directs in any manner the election of a majority of directors or trustees of the controlled entity.

(5) “Eligible surplus lines insurer” means a nonadmitted insurer with which a surplus lines licensee may place surplus lines insurance.

(6) “Exempt commercial purchaser” means any person purchasing commercial insurance that, at the time of placement:

(a) Employs or retains a qualified risk manager to negotiate insurance coverage;

(b) Has paid aggregate nationwide commercial property and casualty insurance premiums in excess of $100,000 in the immediately preceding 12 months; and

(c) Meets at least one of the following criteria:

(A) The person possesses a net worth in excess of $10 million, as such amount is adjusted pursuant to ORS 735.406 (Cost of living adjustment to net worth, revenues and expenses of exempt commercial purchasers).

(B) The person generates annual revenues in excess of $20 million, as such amount is adjusted pursuant to ORS 735.406 (Cost of living adjustment to net worth, revenues and expenses of exempt commercial purchasers).

(C) The person employs more than 50 full-time or full-time equivalent employees for each insured or is a member of an affiliated group employing more than 100 employees in the aggregate.

(D) The person is a not-for-profit organization or public entity generating annual budgeted expenses of at least $30 million, as such amount is adjusted pursuant to ORS 735.406 (Cost of living adjustment to net worth, revenues and expenses of exempt commercial purchasers).

(E) The person is a municipality with a population in excess of 50,000 individuals.

(7) “Export” means to place surplus lines insurance with a nonadmitted insurer.

(8) “Home state” means, with respect to an insured:

(a) The state in which an insured maintains the insured’s principal place of business or, in the case of an individual, the individual’s principal residence;

(b) If 100 percent of the insured risk is located out of the state described in paragraph (a) of this subsection, the state to which the greatest percentage of the insured’s taxable premium for that insurance contract is allocated; or

(c) If two or more insureds from an affiliated group are named as insureds on a single nonadmitted insurance contract, the state, as determined pursuant to paragraph (a) or (b) of this subsection, of the member of the affiliated group that has the greatest percentage of premium attributed to it under the insurance contract.

(9) “Kind of insurance” means one of the types of insurance required to be reported in the annual statement that must be filed with the Director of the Department of Consumer and Business Services by authorized insurers.

(10) “Nonadmitted insurer” means an insurer not authorized to do an insurance business in this state. “Nonadmitted insurer” includes insurance exchanges as authorized under the laws of various states. “Nonadmitted insurer” does not include a risk retention group as defined in ORS 735.305 (Definitions for ORS 735.300 to 735.365).

(11) “Premium tax” means any tax, assessment or other charge imposed by this state directly or indirectly based upon any payment made as consideration for insurance in an insurance contract.

(12) “Producing insurance producer” means the individual insurance producer dealing directly with the party seeking insurance.

(13) “Qualified risk manager” means, with respect to a policyholder of commercial insurance, a person who meets all of the following requirements:

(a) The person is an employee of, or third party consultant retained by, the commercial policyholder.

(b) The person provides skilled services in:

(A) Loss prevention;

(B) Loss reduction; or

(C) Risk and insurance coverage analysis and purchase of insurance.

(c) The person has:

(A) A bachelor’s degree, from an accredited college or university, in risk management, business administration, finance, economics or any other field determined by an insurance commissioner or other regulatory official of this or any other state to demonstrate minimum competence in risk management, and has:

(i) Three years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; or

(ii) Any designation, certification or license issued by a national insurance certification organization that is determined by the Director of the Department of Consumer and Business Services to demonstrate minimum competency in risk management;

(B) At least seven years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance, and has a designation, certification or license specified in subparagraph (A)(ii) of this paragraph;

(C) At least 10 years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis or purchasing commercial lines of insurance; or

(D) A graduate degree, from an accredited college or university, in risk management, business administration, finance, economics or any other field determined by the director to demonstrate minimum competence in risk management.

(14) “Surplus” means funds over and above liabilities and capital of the insurer for the protection of policyholders.

(15) “Surplus lines licensee” means an insurance producer licensed under ORS chapter 744 to place insurance on Oregon home state risks with nonadmitted insurers. [1987 c.774 §118; 1991 c.810 §25; 2001 c.191 §44a; 2003 c.364 §38; 2011 c.660 §6]

1 Legislative Counsel Committee, CHAPTER 735—Alternative Insurance, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors735.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.