10.05.2014 Views

February 22, 2013 - Oregon State Bar

February 22, 2013 - Oregon State Bar

February 22, 2013 - Oregon State Bar

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

(b) The attorney meets with<br />

current or prospective clientr in <strong>Oregon</strong>, or<br />

(c) The attorney maintains<br />

an office in <strong>Oregon</strong>. The term "office" is defined<br />

at PLF Policy 3.150(8).<br />

(B) Attorneys not in private practice in the<br />

state of <strong>Oregon</strong>, either on afull-time or part-time<br />

basis with or without remuneration, are not<br />

subject to the annual assessment and may fle a<br />

request for exemption based upon one of the<br />

following categories:<br />

(1) employed exclusively as a<br />

government attorney orjudge;<br />

(2) employed exclusively by a<br />

corporation or business entity (including nonprofit<br />

organizations but not including law<br />

entities);<br />

(3) an employee or independent<br />

contractor with a legal aid or public defender<br />

office which provides professional liability<br />

coverage for the attorney through an Acceptable<br />

Alternative Insurer as defined at Subsection (D);<br />

(4) employed in a non-law<br />

related field;<br />

(5) retired;<br />

(6) law clerk/supervised attorney<br />

not engaged in the private practice of law;<br />

(7) unemployed;<br />

(8) any other category which does<br />

not constitute the private practice of law in<br />

<strong>Oregon</strong>, or any activity which would be excluded<br />

or otherwise not covered by the PLF Claims Made<br />

Plan.<br />

(C)<br />

[Reserved for future use]<br />

~eoo i/3~/ol; eoc s/ia/one<br />

PLF Policy Manual<br />

January X<strong>22</strong>013<br />

(D) (1) An "Acceptable Alternative<br />

Insurer' is defined as an insurer which meets<br />

both of the following qualifications:<br />

(a) The insurer is (1) an<br />

admitted insurer in <strong>Oregon</strong>, (2) a surplus lines<br />

insurer which has complied with all applicable<br />

<strong>Oregon</strong> statutes and regulations of the Insurance<br />

Division of the <strong>State</strong> of <strong>Oregon</strong>, or (3) a risk<br />

retention group or purchasing group formed<br />

under federal statute and registered with the<br />

Insurance Division of the <strong>State</strong> of <strong>Oregon</strong>.<br />

(b) The insurer provides<br />

claims made professional malpractice insurance<br />

covering the activities of the exempt attorney<br />

with coverage limits of at least 5250,000 per<br />

claim/$250,000 aggregate, regardless of the<br />

amount of any applicable deductible.<br />

(2) Attorneys claiming exemption<br />

under any exemption category which requires<br />

the attorney to maintain professional liability<br />

coverage for the attorney through an Acceptable<br />

Alter-native Insurer must maintain the coverage<br />

at all times during the year while the exemption<br />

is in effect, and may be required to provide proof<br />

of such coverage upon request. Any attorney<br />

who fails to maintain such coverage will be<br />

referred to the <strong>Oregon</strong> <strong>State</strong> <strong>Bar</strong> for disciplinary<br />

action.<br />

(E) Requests for exemption will be handled<br />

in accordance with procedures adopted by the<br />

Chief Executive O~cer. Attorneys requesting<br />

exemption will be required to sign the following<br />

statement:<br />

hereby certify that I am exempt from<br />

the [year] assessment to the Professional<br />

Liability Fund for the following reason;<br />

[List exemption categories]<br />

agree to notify the Professional<br />

Liability Fund immediately if I cease to<br />

be exempt at any time during [year].<br />

Page 14

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!