Chapter 734

 

      Chapter 734

 

ATTY. GEN. OPINIONS: State is not liable for losses incurred by Oregon Medical Insurance Pool and pools’ policy holders bear ultimate risk of pools’ insolvency, in that there would be no source of funds to pay benefits under their policies, (1989) Vol 46, p 155

 

      734.240

 

NOTES OF DECISIONS

 

      Balances due from local agents to domiciliary receiver for insurer domiciled in reciprocal state include unearned premiums and commissions. Ainsworth v. Cincotta, 79 Or App 574, 721 P2d 455 (1986), Sup Ct review denied

 

      734.270

 

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)

 

      734.510 to 734.710

 

NOTES OF DECISIONS

 

      SAIF’s lien against proceeds of recoveries by injured workers in third-party actions does not attach to payments to worker by Oregon Insurance Guarantee Association acting in place of insolvent insurer. Corvallis Aero Service v. Villalobos, 81 Or App 137, 724 P2d 880 (1986), Sup Ct review denied

 

      Automobile dealers insured for losses attributable to service contracts were not entitled to recover unearned premiums from OIGA after member insurer became insolvent when dealers’ policy with insolvent insurer specifically provided there was no right to return of unearned premiums if policy was canceled. Oregon Ins. Guaranty Assn. v. Action Chrysler, 109 Or App 556, 820 P2d 846 (1991)

 

      Where member of Oregon Insurance Guaranty Association merges with nonmember insurer and then becomes insolvent, claims arising before merger against policies issued by nonmember insurer are not covered by association. Palmrose v. Oregon Insurance Guaranty Association, 205 Or App 613, 135 P3d 370 (2006)

 

      734.510

 

NOTES OF DECISIONS

 

      Loan receipts agreement between insurer and insured made insured’s indemnity claim non-covered claim. Columbia Grain, Inc. v. Oregon Ins. Guar. Ass’n, 22 F3d 928 (9th Cir. 1994)

 

      Exclusion from definition of “covered claim” of amounts owed to reinsurer, insurer, insurance pool or underwriting association does not violate remedy clause of section 10, Article I of Oregon Constitution. Liberty Northwest Insurance v. Oregon Insurance Guarantee Association, 206 Or App 102, 136 P3d 49 (2006)

 

      734.540

 

NOTES OF DECISIONS

 

      List of exceptions from application of ORS 734.510 to 734.710 based on what is insured does not prohibit additional exceptions based on other factors. Palmrose v. Oregon Insurance Guaranty Association, 205 Or App 613, 135 P3d 370 (2006)

 

      734.570

 

NOTES OF DECISIONS

 

      If insurer of motorist coverage becomes insolvent, Oregon Insurance Guaranty Association is liable under contract for additional terms not offered. Taylor v. Oregon Insurance Guaranty Assoc., 99 Or App 554, 783 P2d 49 (1989)

 

      Inability of insolvent insurer to deny responsibility for claim that was not covered claim does not prevent denial by Oregon Insurance Guaranty Association. Oregon Insurance Guaranty Association v. Hall, 200 Or App 128, 113 P3d 452 (2005), Sup Ct review denied

 

      734.640

 

NOTES OF DECISIONS

 

      Exhaustion of remedies under insurance policy means policy limits must be exhausted before proceeding against OIGA. Carrier v. Hicks, 316 Or 341, 851 P2d 581 (1993); Mazorol v. Coats, 316 Or 367, 852 P2d 178 (1993)

 

      Workers’ compensation benefits are recoveries obtained pursuant to claim under insurance policy. Bird v. Norpac Foods, Inc., 132 Or App 349, 888 P2d 118 (1995), aff’d 325 Or 55, 934 P2d 382 (1997)

 

      734.695

 

NOTES OF DECISIONS

 

      Under this section, only insured of insolvent insurer or persons whose allegedly actionable conduct is within coverage of insolvent insurer’s policy are relieved from potential liability for amounts due insurers as subrogation. Window Coverings, Inc. v. Campbell, 91 Or App 335, 755 P2d 719 (1988)

 

      Exclusion of insured liability for amounts owed to reinsurer, insurer, insurance pool or underwriting association does not violate remedy clause of section 10, Article I of Oregon Constitution. Liberty Northwest Insurance v. Oregon Insurance Guarantee Association, 206 Or App 102, 136 P3d 49 (2006)