Oregon Revised Statutes

Chapter 278 — —

46 sections

278.005 Definitions

As used in this chapter, unless the context requires otherwise: “Actuarially sound” means funding and insurance sufficient to pay those losses and their related costs which are known or are projected by the Oregon Department of Administrative Services from analyses of claims, loss experience and risk factors. “Components” of the Insurance Fund means accoun…

278.010 [Repealed by 1953 c.581 §11]

INSURANCE OF PUBLIC PROPERTY

278.011 State agencies to supply information on property; appraised value determined

At times determined by the Oregon Department of Administrative Services, each state agency shall supply such information regarding its property, personal and real, and its personnel, budget and activities as the department shall require for risk control, insurance and claims purposes. The appraised value of the property shall be established by the department…

278.020 [Amended by 1953 c.581 §11; 1961 c.448 §4; 1963 c.634 §4; 1967 c.262 §1; 1969 c.670 §1; 1975 c.609 §10; 1981 c.109 §8; 1982 s.s.1 c.28 §1; 1985 c.731 §8; repealed by 1991 c.566 §14]

278.022 Coverage of vessels

In addition to any other coverage under this chapter, if a vessel which is the personal property of an agency or if property on any other vessel is damaged or destroyed as a direct result of collision with another vessel, striking any object, whether submerged or not, sinking, grounding, stranding, or other perils of the sea, the Oregon Department of Adminis…

278.025 [1953 c.581 §5; 1969 c.670 §7; 1975 c.609 §23; repealed by 1985 c.731 §32]

278.030 [Amended by 1981 c.109 §9; 1982 s.s.1 c.28 §3; repealed by 1985 c.731 §32]

278.035 [1961 c.448 §§6,7; 1969 c.670 §8; 1975 c.609 §24; repealed by 1985 c.731 §32]

278.040 [Amended by 1961 c.448 §8; repealed by 1985 c.731 §32]

278.043 [1969 c.670 §3; 1982 s.s.1 c.28 §4; repealed by 1985 c.731 §32]

278.047 [1969 c.670 §4; 1982 s.s.1 c.28 §5; repealed by 1985 c.731 §32]

278.050 Restoring lost, damaged or destroyed property; exceptions; use of fund for other purposes; deductibles

Subject to subsections (2) and (3) of this section, if any property designated in ORS 278.011 is lost, damaged or destroyed by any peril, the Oregon Department of Administrative Services may elect to cover by rule or policy, but excluding any loss from mysterious disappearance, lack of maintenance or inherent vice, the department shall pay the cost of restor…

278.052 Right of action against person responsible for loss; investigations

If a payment is made out of the Insurance Fund to or for a state agency for any loss covered by the Insurance Fund, the Oregon Department of Administrative Services is subrogated, to the extent of the payment, to the rights of the state agency against any person or other entity legally responsible in damages for the loss. The department may commence an appro…

278.054 [1953 c.581 §6; repealed by 1975 c.605 §33]

278.056 [1953 c.581 §7; repealed by 1975 c.605 §33]

278.060 [Amended by 1961 c.448 §13; 1981 c.109 §11; repealed by 1985 c.731 §32]

278.070 [Amended by 1961 c.448 §14; repealed by 1985 c.731 §32]

278.075 State agencies to supply information on media property; scope of coverage

At times determined by the Oregon Department of Administrative Services, each state agency owning, leasing, controlling or possessing media shall supply such information as the department may require regarding the agency’s media. The appraised value of the media shall be established on the basis of present-day replacement costs or restoration to operational …

278.080 [Amended by 1953 c.581 §11; repealed by 1959 c.12 §1]

278.085 [1953 c.581 §1; 1957 c.385 §3; 1961 c.448 §15; 1969 c.670 §10; repealed by 1985 c.731 §32]

278.090 [Amended by 1955 c.288 §1; 1959 c.662 §18; repealed by 1975 c.609 §25]

278.100 [1975 c.609 §2; 1977 c.428 §3; 1981 c.109 §12; 1981 c.490 §1; 1981 c.913 §1; repealed by 1985 c.731 §32]

278.105 [1975 c.609 §3; repealed by 1985 c.731 §32]

278.110 [1975 c.609 §4; 1981 c.109 §13; repealed by 1985 c.731 §32]

278.115 [1975 c.609 §5; 1981 c.109 §14; 1985 c.731 §13; repealed by 1991 c.566 §14]

278.120 Claims management; defense; authority of Attorney General; payment of judgment or settlement; rules

Without in any way limiting who may receive actual notice of a claim under ORS 30.275 (6), the Oregon Department of Administrative Services has exclusive authority to manage claims against the state, and against the officers, employees and agents of the state, that arise under the provisions of ORS 30.260 to 30.300. The department may delegate, by rule or by…

278.125 Purchase of insurance; payment of premium; legislative approval of self-insurance plan

The Oregon Department of Administrative Services is authorized to negotiate for and purchase such insurance as the department deems necessary or desirable to accomplish the purposes of this chapter and ORS 30.260 to 30.300 and 278.322, or such other insurance or reinsurance as may be desirable to insure the state, participating local public bodies or their o…

278.130 Employment of staff assistance; payment for services by Attorney General

The Oregon Department of Administrative Services may employ such professional services and other personnel deemed necessary, other than defense counsel, to carry out the administration of this chapter and ORS 30.260 to 30.290 and 278.322. The Attorney General may employ defense counsel and shall charge the department for the cost of the services of the defen…

278.135 [1975 c.609 §9; repealed by 1985 c.731 §32]

278.140 [1979 c.669 §3; repealed by 1981 c.109 §24]

278.145 [1981 c.109 §21; repealed by 1985 c.731 §32]

278.150 Special Liability Revolving Fund; accounting for moneys disbursed

The Oregon Department of Administrative Services may draw a warrant on the State Treasury for the sum of $75,000 payable out of the Insurance Fund. The amount drawn shall be credited to a Special Liability Revolving Fund which shall be carried with the State Treasury, separate and distinct from the General Fund, and shall be used by the department when it is…

278.200 “Motor vehicle” defined for ORS 278.205 and 278.322

As used in ORS 278.205 and 278.322, “motor vehicles” includes commercial buses, as defined in ORS 801.200.

278.205 Certificates of insurance; coverage; personal injury protection benefits; rules

The Oregon Department of Administrative Services may issue a certificate of motor vehicle liability insurance and make assessments therefor. When issued on vehicles owned by local public bodies, such insurance shall also include uninsured motorist coverage and may include personal injury protection benefits and shall provide at least the minimum coverages a…

278.210 State has rights and duties of insurer

The state shall have all of the rights and obligations of an insurer provided in ORS 742.500 to 742.542 and 742.560 to 742.572 as to any certificate issued pursuant to ORS 278.205.

278.215 Uninsured motorist coverage requirements

Any insurance or self-insurance provided by moneys from the Insurance Fund for or on account of the operation of motor vehicles within the state’s or public body’s control, shall provide the uninsured motorist coverage required under ORS 742.500 to 742.504 and, except as specified in ORS 278.205, may provide the personal injury protection benefits required u…

278.305 [1983 c.431 §1; 1985 c.731 §24; repealed by 1995 c.162 §94]

LIABILITY INSURANCE

278.315 Liability insurance for county or private community care providers

The Oregon Health Authority may provide tort liability coverage through the Oregon Department of Administrative Services to any county or private community care provider that has contracted with the authority to provide supervision, care, treatment or training of persons under the jurisdiction of the Psychiatric Security Review Board under ORS 161.315 to 161…

278.320 Application of government tort law to claims against private community care providers; liability for damages in excess of coverage

ORS 30.260 to 30.300 do not apply to claims against private community care providers by reason of the provision of tort liability coverage to those providers pursuant to ORS 278.315. Private community care providers provided tort liability coverage under ORS 278.315 remain liable for any damages in excess of the coverage provided under ORS 278.315. Note: Se…

278.322 Child care facility liability insurance coverage

The following child care facilities may obtain insurance in the same manner as a local public body may obtain insurance under ORS 30.282: A child-caring agency as defined in ORS 418.205 if the agency: Is run by a private, nonprofit agency; Is licensed, certified or otherwise authorized by the Department of Human Services; and Provides residential or psyc…

278.405 Department to manage risk management and insurance programs; rules

The Oregon Department of Administrative Services shall direct and manage all risk management and insurance programs of state government except for employee benefit insurance programs as otherwise provided in ORS chapter 243. Authority granted the department in this section includes but is not limited to the following authority: To provide all insurance cove…

278.415 Department authorization of agency insurance purchases; exceptions

A state agency may not purchase insurance except as authorized by the Oregon Department of Administrative Services and in accordance with the terms, conditions and procurement methods as may be established by the department, except for the transaction of workers’ compensation insurance and reinsurance business by the State Accident Insurance Fund Corporation…

278.425 Insurance Fund; uses

There is established an Insurance Fund as a separate fund in the State Treasury, separate and distinct from the General Fund, which shall be used to provide insurance and self-insurance for the State of Oregon under this chapter, and for participating local public bodies under ORS 30.282 and 278.125 to 278.215. The moneys in the Insurance Fund may be investe…

278.435 Fund to operate on actuarially sound basis; apportionment; assessment; advances; repayment

It is the intent of the Legislative Assembly that the individual components of the Insurance Fund, as well as the total fund, operate on an actuarially sound basis and that the assessments and charges shall reflect this policy. The Oregon Department of Administrative Services may apportion to and collect from each state agency, officer, board or commission …

278.440 Report on financial condition of Insurance Fund; report contents; recommendations; contracting power

Not later than January 31 of each even-numbered year, the Oregon Department of Administrative Services shall research, compile, prepare and deliver to the Legislative Assembly in accordance with ORS 192.245 a report on the financial condition and stability of the Insurance Fund established under ORS 278.425. The report, at a minimum, must examine and provide…

278.990 [Repealed by 1975 c.609 §25]

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