ORS 734.695 Liability of insured of insolvent insurer

The insured of an insolvent insurer is not personally liable for amounts due any reinsurer, insurer, insurance pool or underwriting association as subrogation recoveries or otherwise up to the applicable limits of liability provided by the insurance policy issued by the insolvent insurer.

Notwithstanding the provisions of subsection (1) of this section, and except for claims arising out of workers’ compensation policies subject to ORS chapter 656, the Oregon Insurance Guaranty Association may recover from the following persons the amount of any covered claim, including defense fees, paid on behalf of such person under ORS 734.510 to 734.710:

Any insured whose net worth exceeds $25 million on December 31 of the year next preceding the date the insurer becomes an insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under ORS 734.510 to 734.710; and

Any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under ORS 734.510 to 734.710.

Notwithstanding subsection (1) of this section, the association may recover from an insured with the net worth described in subsection (2)(a) of this section:

All payments the association made to or on behalf of the insured for a claim under a cybersecurity insurance policy, whether the payment was for indemnity, defense or another purpose; and

The association’s legal fees and court costs in any action the association brings to recover the payments.