DERBY ASS'N TR. v. DEPT. OF INS. & FIN.

DIF No. 90-01-026; CA A68002.

835 P.2d 149 (1992)

114 Or. App. 389

In the Matter of The Derby Association Trust, Inc., Independent Contractor's Association, Garald W. Derby and Mark G. Derby. The DERBY ASSOCIATION TRUST, INC., Independent Contractor's Association, Garald W. Derby and Mark G. Derby, Petitioners, v. DEPARTMENT OF INSURANCE AND FINANCE, Respondent.

Court of Appeals of Oregon.

Decided July 22, 1992.


Attorney(s) appearing for the Case

Donald L. Dickerson, Eugene, argued the cause and filed the brief for petitioners.

Karen Majcher Art, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


DE MUNIZ, Judge.

Petitioners seek review of an order of the Department of Insurance and Finance (DIF) that concluded that petitioners violated ORS 731.3541 by transacting insurance business without obtaining a certificate of authority. The issue is whether petitioners are providing a "welfare and benefits program" that is subject to regulation only under the federal Employee Retirement Income Security Act (ERISA)2

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