reglab/housing_qa huggingface dataset:
OR Rev Stat § 734.055 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.055 - Action against person violating order of supervision.

The Director of the Department of Consumer and Business Services or supervisor on behalf of an insurer under supervision may bring an action for damages against any person who violates any order of the director under ORS 734.043 if the violation reduces the net worth of the insurer or results in loss to the insurer that the insurer would not have suffered otherwise. The director or supervisor may recover damages to the extent of the reduction or loss. [1989 c.425 §9]
OR Rev Stat § 734.059 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.059 - Request for court order.

(1) The Director of the Department of Consumer and Business Services may file a petition with the circuit court requesting an order that: (a) Authorizes the director to seize all or part of the property, books, accounts and other records of a domestic insurer as well as the premises occupied by the insurer for transacting its business; and (b) Enjoins the domestic insurer from disposing of its property and transacting business except as allowed by written consent of the director. (2) The director must include all of the following in the petition under subsection (1) of this section: (a) An allegation that one or more grounds exist that would justify a court order for a rehabilitation or liquidation proceeding against the insurer. (b) An allegation that the interests of policyholders, creditors or the public will be endangered by delay. (c) The contents of the order that the director requests the court to issue. [1989 c.425 §10]
OR Rev Stat § 734.060 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.060

[1967 c.359 §262; renumbered 734.031 in 1989]
OR Rev Stat § 734.063 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.063 - Court order; hearings; notice.

(1) Upon petition by the Director of the Department of Consumer and Business Services under ORS 734.059, the court may issue the requested order immediately, ex parte and without hearing. The court in its order shall specify the duration of the order. The duration of an order shall be a period sufficient to enable the director to ascertain the condition of the insurer. (2) On motion of the director or the insurer against whom an order under this section is issued, or on the court’s own motion, the court may hold such hearings from time to time as the court determines are desirable, after such notice as it determines appropriate, and may extend, shorten or modify the terms of the order. (3) The court may vacate an order issued under this section if the court determines that the director has not commenced a rehabilitation or liquidation proceeding within a reasonable time. (4) An order of the court directing a rehabilitation or liquidation proceeding vacates the order issued under this section. (5) Entry of a seizure order under this section does not constitute an anticipatory breach of any contract of the insurer. (6) At any time after a court issues an order under this section, the court may direct that notice of the order be given to a person if the court determines both of the following: (a) That the person was not notified of the hearing on the order and did not appear at the hearing. (b) That the interest of the person is or will be substantially affected by the order. [1989 c.425 §11]
OR Rev Stat § 734.067 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.067 - Review of court order.

(1) An insurer against whom an order under ORS 734.059 is directed may petition the court for a hearing and review of the order. (2) Not later than the 15th day after the court receives a petition under subsection (1) of this section, the court shall hold the hearing and review the order. [1989 c.425 §12]
OR Rev Stat § 734.070 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.070

[1967 c.359 §263; renumbered 734.035 in 1989]
OR Rev Stat § 734.080 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.080

[1967 c.359 §264; renumbered 734.039 in 1989]
OR Rev Stat § 734.110 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.110 - Jurisdiction of delinquency proceedings; venue.

(1) The circuit court shall have original jurisdiction of delinquency proceedings under this chapter, and any court with jurisdiction is authorized to make all necessary or proper orders to carry out the purposes of this chapter. (2) The venue of delinquency proceedings and proceedings under ORS 734.059 and 734.063 against a domestic insurer and the venue of delinquency proceedings against foreign and alien insurers shall be in the Circuit Court for Marion County. (3) At any time after the commencement of a delinquency proceeding or a proceeding under ORS 734.059 and 734.063 the court may issue an order changing the venue of the proceeding on motion of the Director of the Department of Consumer and Business Services or other interested person if the court finds the proceedings may be more economically and efficiently conducted thereby. [1967 c.359 §265; 1989 c.425 §13]
OR Rev Stat § 734.113 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.113 - Application of Oregon Receivership Code.

Notwithstanding ORS 37.040, the Oregon Receivership Code does not apply to delinquency proceedings under this chapter. [2017 c.358 §57] Note: 734.113 was added to and made a part of ORS chapter 734 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 734.120 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.120 - Exclusive remedy; appeal.

(1) Delinquency proceedings pursuant to this chapter shall constitute the sole and exclusive method of rehabilitating, liquidating or conserving an insurer, and no court shall entertain a petition for the commencement of such proceedings, or any other similar procedure, unless the same has been filed in the name of the state on the relation of the Director of the Department of Consumer and Business Services. (2) An appeal shall lie to the Court of Appeals from an order granting or refusing rehabilitation, liquidation, or conservation, and from every order in delinquency proceedings having the character of a final order as to the particular portion of the proceedings embraced therein. [1967 c.359 §266; 1979 c.562 §33]
OR Rev Stat § 734.130 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.130 - Commencement of delinquency proceeding.

(1) The Director of the Department of Consumer and Business Services shall commence a delinquency proceeding by an application to the court for an order directing the insurer to show cause why the director should not have the relief prayed for. (2) The application shall be by petition, verified by the director, setting forth the ground or grounds for the proceeding and the relief demanded. (3) If the court is satisfied from reading the director’s petition that the facts therein alleged, if established, would constitute grounds for a delinquency proceeding under this chapter, the court shall issue an order to the insurer to show cause. (4) On the return of the order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the policyholders, creditors, stockholders, members, subscribers or the public may require. (5) After commencement of a delinquency proceeding by the director, orders of the court may thereafter be made for any of the purposes relevant upon application of any interested person. [1967 c.359 §267]
OR Rev Stat § 734.140 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.140 - Injunctions.

(1) Upon application by the Director of the Department of Consumer and Business Services for an order to show cause under ORS 734.130, or at any time thereafter, the court may, without notice, issue an injunction restraining the insurer, its officers, directors, stockholders, members, subscribers, agents, employees and all other persons from the transaction of its business or the waste or disposition of its property until the further order of the court. (2) The court may, at any time during a proceeding under this chapter, issue such other injunctions or orders to prevent any of the following activities: (a) The transaction of further business. (b) The transfer of property. (c) Interference with the receiver or with a delinquency proceeding. (d) Waste of the assets of an insurer. (e) Dissipation and transfer of bank accounts. (f) The institution or further prosecution of any actions or proceedings. (g) The obtaining of preferences, judgments, attachments, garnishments or liens against the insurer, its assets or its policyholders. (h) The levying of execution against the insurer, its assets or its policyholders. (i) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer. (j) The withholding from the receiver of books, accounts, documents or other records relating to the business of the insurer. (k) Any other threatened or contemplated action that might lessen the value of the assets of the insurer or prejudice the rights of policyholders, creditors or shareholders, or the administration of any delinquency proceeding. (3) Notwithstanding any other provision of law, no bond shall be required of the director as a prerequisite for the issuance of any injunction or restraining order pursuant to this section. [1967 c.359 §268; 1993 c.447 §92]
OR Rev Stat § 734.142 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.142 - Cooperation with director in delinquency proceedings.

(1) Each officer, manager, director, trustee, owner, employee or agent of an insurer, and any other person with authority over or in charge of any portion of the insurer’s affairs, including any person who exercises control directly or indirectly over activities of the insurer through a holding company or other affiliate of the insurer, shall cooperate with the Director of the Department of Consumer and Business Services in any delinquency proceeding or any investigation preliminary to the proceeding. For purposes of this section, cooperation with the director includes at least the following: (a) Replying promptly in writing to any inquiry from the director requesting such a reply; and (b) Making available to the director any books, accounts, documents or other records, information or property of or pertaining to the insurer and in the possession, custody or control of the insurer. (2) A person shall not obstruct or interfere with the director in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto. (3) This section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings, or other orders. [1993 c.447 §94] Note: 734.142 and 734.144 were added to and made a part of ORS chapter 734 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 734.144 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.144 - Immunity of certain persons from civil liability.

(1) The following persons are entitled to protection under this section: (a) All receivers responsible for the conduct of a delinquency proceeding, including present and former receivers. (b) All employees of the receiver. For purposes of this section, such employees include all present and former special deputies and assistant special deputies appointed by the Director of the Department of Consumer and Business Services and all persons whom the director, special deputies, or assistant special deputies have employed to assist in a delinquency proceeding. Unless designated as special deputies, attorneys, accountants, auditors and other professional persons or firms who are retained by the receiver as independent contractors and their employees are not entitled to protection under this section. (2) The receiver and employees of the receiver shall have official immunity and shall be immune from civil action and liability, both personally and in their official capacities, for any tort claim or demand, whether groundless or otherwise, arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of their duties. For purposes of this section, "tort" has the meaning given that term in ORS 30.260. (3) The receiver and employees of the receiver shall be indemnified from the assets of the insurer against any tort claim arising out of any alleged act, error or omission of the receiver or any employee occurring in the performance of their duties, whether personally or in the official capacity of the receiver or employee. Any indemnification made under this subsection is an administrative expense of the insurer. (4) The provisions of subsections (2) and (3) of this section do not apply in case of malfeasance in office or willful or wanton neglect of duty. (5) In any legal action in which the receiver is a defendant, the portion of any settlement relating to the alleged act, error or omission of the receiver is subject to the approval of the court before which the delinquency proceeding is pending. The court may not approve the portion of the settlement if it determines: (a) That the claim did not occur in the performance of the receiver’s duties; or (b) That the claim was caused by malfeasance in office or willful or wanton neglect of duty by of the receiver. (6) This section shall not be construed or applied to deprive the receiver or any employee of any immunity, indemnity, benefits of law, rights or any defense otherwise available. [1993 c.447 §95] Note: See note under 734.142.
OR Rev Stat § 734.160 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.160 - Order of rehabilitation for domestic insurers.

(1) An order to rehabilitate a domestic insurer shall direct the Director of the Department of Consumer and Business Services forthwith to take possession of the property of the insurer and to conduct the business thereof, and to take such steps toward removal of the causes and conditions which have made rehabilitation necessary as the court may direct. (2) If at any time the director deems that further efforts to rehabilitate the insurer would be useless, the director may apply to the court for an order of liquidation under ORS 734.180. (3) The director, or any interested person upon due notice to the director, at any time may apply for an order terminating the rehabilitation proceeding and permitting the insurer to resume possession of its property and the conduct of its business, but no such order shall be granted except after a full hearing. [1967 c.359 §270]
OR Rev Stat § 734.170 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.170 - Grounds for liquidation of domestic insurers.

The Director of the Department of Consumer and Business Services may apply for an order directing the director to liquidate the business of a domestic insurer, regardless of whether there has been a prior order directing the director to rehabilitate such insurer, upon any of the grounds specified in ORS 734.150, or if the insurer: (1) Has ceased transacting business for a period of one year; (2) Has commenced voluntary liquidation or dissolution, or attempts to commence or prosecute any action or proceeding to liquidate its business or affairs, or to dissolve its corporate charter, or to procure the appointment of a receiver, trustee, custodian, or sequestrator under any laws except the Insurance Code; (3) Has not organized or completed its organization and obtained a certificate of authority as an insurer within the time authorized by law; or (4) Is insolvent. [1967 c.359 §271; 1993 c.447 §97]
OR Rev Stat § 734.180 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.180 - Order of liquidation of domestic insurers.

(1) An order to liquidate the business of a domestic insurer shall direct the Director of the Department of Consumer and Business Services forthwith to take possession of the property of the insurer, to liquidate its business, to deal with the insurer’s property and business in the name of the director or in the name of the insurer as the court may direct, and to give notice to all creditors who may have claims against the insurer to present such claims. (2) The director may apply under this chapter for an order dissolving the corporate existence of a domestic insurer: (a) Upon the application of the director for an order of liquidation of such insurer, or at any time after such order has been granted; or (b) Upon the grounds specified in ORS 734.170 (3), regardless of whether an order of liquidation is sought or has been obtained. [Formerly 738.470]
OR Rev Stat § 734.190 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.190 - Grounds for conservation of foreign and alien insurers.

The Director of the Department of Consumer and Business Services may apply for an order directing the director to conserve the assets within this state of a foreign or alien insurer upon any one or more of the following grounds: (1) Any of the grounds specified in ORS 734.150; or (2) That its property has been sequestrated in any jurisdiction. [1967 c.359 §273; 1993 c.447 §98]
OR Rev Stat § 734.200 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.200 - Conservation or ancillary receivership of foreign and alien insurers.

(1) An order to conserve the assets of a foreign or alien insurer shall direct the Director of the Department of Consumer and Business Services forthwith to take possession of the property of the insurer within this state and to conserve it, subject to the further direction of the court. (2) Whenever a domiciliary receiver has been appointed for any foreign or alien insurer in its domiciliary state, the court shall, on application of the director, appoint the director as the ancillary receiver in this state. (3) An order to liquidate the assets in this state of a foreign or alien insurer shall direct the director forthwith to take possession of the property of the insurer within this state and to liquidate it subject to the orders of the court and with due regard to the rights and powers of the domiciliary receiver, as provided in this chapter. [1967 c.359 §274]
OR Rev Stat § 734.210 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.210 - Conduct of delinquency proceedings for domestic insurers.

(1) Whenever under this chapter a receiver is to be appointed in delinquency proceedings for an insurer domiciled in this state, the court shall appoint the Director of the Department of Consumer and Business Services as such receiver. The court shall direct the receiver forthwith to take possession of the property of the insurer and to administer the same under the orders of the court. (2) Any deed or other instrument executed under this chapter shall be valid and effectual for all purposes as though the same had been executed by the person affected by any proceedings under this chapter or by its officers pursuant to the direction of its governing board or authority. The filing or recording of the order directing possession to be taken, or a certified copy thereof, in the office where instruments affecting title to property are required to be filed or recorded shall impart the same notice as would be imparted by a deed, bill of sale or other evidence of title duly filed or recorded. (3) In cases where any real property sold by the director is located in a county other than the county wherein the proceeding is pending, the director shall cause a certified copy of the order of the appointment, or order authorizing or ratifying the sale, to be filed with the recording officer for the county in which the property is located. (4) The director as domiciliary receiver shall be responsible on the official bond of the director for the proper administration of all property coming into the possession or control of the director. The court may at any time require an additional bond from the director or the deputies of the director if deemed desirable for the protection of the property. [Formerly 751.020]
OR Rev Stat § 734.220 (2021)
2021 Oregon Revised Statutes|Volume : 18 - Financial Institutions, Insurance|Chapter 734 - Rehabilitation, Liquidation and Conservation of Insurers|Section 734.220 - Powers of director as receiver.

(1) Upon taking possession of the property and business of any person in any proceeding under this chapter, the Director of the Department of Consumer and Business Services shall, subject to the direction of the court, immediately proceed to conduct the business of the insurer or to take such steps as are authorized by the laws of this state for the purpose of rehabilitating, liquidating or conserving the insurer. (2) Upon taking such possession of the property and business of any person, the director as receiver shall: (a) Be vested with the insurer’s title and interest in and to all assets and property of every kind, both tangible and intangible, except that ancillary receivers in reciprocal states shall have, as to assets located in their respective states, the rights and powers which are prescribed in this chapter for ancillary receivers appointed in this state as to assets located in this state; (b) Possess, in the name of the insurer or in the name of the director, all rights, privileges, powers and authority granted to insurers in this state or otherwise possessed by insurers generally, without regard to any limitations thereon prescribed in the articles or bylaws of such insurer; and (c) Perform and do all acts which the director may deem necessary, advisable or expedient for the accomplishment or in aid of the purpose for which such possession was taken. [1967 c.359 §276]