OAR 836-050-0010: Notice of Transfer

(1) An insurer transferring obligations or risks through an assumption reinsurance agreement subject to ORS 742.150, shall provide or cause to be provided to each policyholder or certificate holder a notice of transfer by first-class mail, addressed to the last-known address of the policyholder or certificate holder or to the address to which premium notices or other policy documents are sent. For insurance business on which premiums are collected on a weekly or monthly basis by an insurance producer of the insurer, the notice of transfer must be sent by personal delivery with acknowledged receipt. Notice of transfer must also be sent to the transferring insurer's insurance producer or brokers of record on the affected policies. (2) The notice of transfer must state or provide: (a) The date the transfer and novation of the policyholder's policy or certificate holder's certificate are proposed to take place; (b) The names, addresses and telephone numbers of the assuming insurer and the transferring insurer; (c) That the policyholder or certificate holder may either consent to or reject the transfer and novation; (d) The procedures and time limit for consenting to or rejecting the transfer and novation; (e) A summary of any effect that consenting to or rejecting the transfer and novation will have on the policyholder's or certificate holder's rights; (f) A statement that the assuming insurer is authorized to transact the type of insurance being assumed in the state in which the policyholder or certificate holder resides, or is otherwise authorized under ORS 742.150 to 742.162 to assume such insurance; (g) The name and address of the representative of the transferring insurer to whom the policyholder or certificate holder should send its written statement of acceptance or rejection of the transfer and novation; (h) The address and phone number of the insurance regulatory office of the state in which the policyholder or certificate holder resides so that the policyholder or certificate holder may write or call the office for further information regarding the financial information of the assuming insurer; (i) A statement that the insurer will furnish to the policyholder or certificate holder, upon request, financial data for both insurers, including at a minimum the data described in section (3) of this rule; and (j) An explanation of the reason for the transfer. (3) The transferring insurer shall promptly furnish the following financial data for both insurers in response to a request for financial data by a policyholder or certificate holder or by an agent or broker of record of the transferring insurer with respect to the affected policies: (a) Ratings for the previous year from two nationally recognized insurance rating services acceptable to the Director, including the rating service's explanation of the meaning of the ratings, and if ratings are unavailable for the year, the insurer shall so disclose; (b) If the rating of either insurer furnished under subsection (a) of this section changed during the previous year, ratings for the year preceding from two nationally recognized insurance rating services acceptable to the Director, including the rating service's explanation of the meaning of the ratings, and if ratings are unavailable for the year preceding, the insurer shall so disclose; (c) A balance sheet as of December 31 for the previous year if available and as of the date of the most recent quarterly statement; and (d) A copy of the Management's Discussion and Analysis that was filed as a supplement to the previous year's annual statement. (4) Notice in the form identical or substantially similar to Exhibit 1 to this rule is considered to comply with the requirements of section (2) of this rule. (5) The notice of transfer shall include a pre-addressed, postage-paid response card that a policyholder or certificate holder may return as its written statement of acceptance or rejection of the transfer and novation. [ED. NOTE: Exhibits referenced are available from the agency.]