February 22, 2013 - Oregon State Bar

CHAPTER 3 — PRIMARY PLAN COV ERAGE AND
ASSESSMENT
3.100 CLAIMS MADE PLAN AND REfROARIVE
DATE
(A) Primary coverage will be provided to
active members of the Oregon State Bar engaged
in the private practice of law whose principal
offices are in Oregon in accordance with the
applicable Claims Made Plan adopted by the
Board of Directors in each year.
(B) Attorneys who have maintained
continuous PLF coverage since July 1, 1978 will
have no retroactive Date for their current primary
coverage. Attorneys who have maintained
continuous PLF primary coverage since a date
after July 1, 1978 will have a Retroactive Date
which is the date on which the attorney's PLF
primary coverage f rst commenced.
(C) If an attorney terminates his or her PLF
primary coverage, the attorney will receive a new
Retroactive Date upon returning to PLF primary
coverage which is the date on which the
attorney's new period of PLF primary coverage
commenced.
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(D) Any attorney formerly exempt from PLF
participation under Policy 3.150(C) who applies
for PLF primary coverage during 2003 or 2004 will
receive a Retroactive Date which will be the date
on which the attorney's PLF primary coverage
first commenced; or, upon provision of
satisfactory information to the PLF, the attorney
will receive an earlier Retroactive Date which will
be the date beginning the continuous period in
which the attorney met the primary coverage
criteria under PLF Policy 3.100 prior to applying
for PLF primary coverage. Any attorney to whom
this subsection applies will be assessed under PLf
Policies 3.200 and 3.250 as if that attorney had
had PLF primary coverage continuously from the
date of the attorney's Retroactive Date.
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PLF Policy Manual
January28~~2013
3.130 SPECIAL COVERAGE SITUATIONS
(A) Assistance for Impaired or Disabled
Attorneys: An attorney who provides assistance
to impaired or disabled attorneys at the request
of the PLF or according to procedures
recommended by the PLF will not be considered
to be functioning as a "BUSINESS TRUSTEE" under
Section 111.3 of the PLF Claims Made Plan.
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3.150
(A) (1) Active members of the Oregon
State Bar whose principal office is not in Oregon
are not eligible to obtain primary coverage from
the Professional Liability Fund, and are required
to sign a request for exemption from PLF
participation at least annually. Attorneys in this
category will be required to inform the PLF
whether or not they engage in the private
practice of law in Oregon, and if so, will be
required to provide the following additional
information to the PLF at least annually upon
request: whether or not they maintain
professional liability insurance which covers them
for their private practice of law in Oregon, the
name and address of the insurance carrier, the
name of the insured, the coverage limits and
deductible, the retroactive date of the insurance
policy, the policy period, a copy of the
declarations sheet, and a copy of the policy and
any endorsements. Attorneys are required to
respond to information requests within 30 days.
(2) As used in subsection (1) of this
section, an active member of the Oregon State
Bar whose principal once is not in Oregon and is
not otherwise exempt from the PLF primary
coverage requirement is deemed to be engaging
in the private practice of law in Oregon if the
attorney meets any of the following criteria:
(a) The attorney appears as
an attorney for a party in a proceeding before any
court or administrative agency in the state of
Oregon, or
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