2017 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 037 - Receivership
Section 37.300 - Personal liability of receiver.
(1) A receiver may be personally liable to the owner, or a record or beneficial owner of estate property, for loss or diminution in value of or damage to estate property only if the loss, diminution or damage is caused by:
(a) Failure of the receiver to comply with an order of the court; or
(b) An act or omission for which liability could not be limited under ORS 60.047 if the receiver were an Oregon corporation.
(2) A receiver may be personally liable to a person other than the owner, or the record or beneficial owner of estate property, for any loss, diminution or damage caused by the receiver’s performance of the receiver’s duties, or the receiver’s authorized operation of a business, only if the loss, diminution or damage is caused by:
(a) Fraud by the receiver;
(b) An act intended by the receiver to cause loss, diminution or damage to the specific claimant; or
(c) An act or omission for which an officer or director of an Oregon corporation would be liable to the claimant under the same circumstances.
(3) Notwithstanding subsections (1) and (2) of this section, a receiver has no personal liability to any person for acts or omissions of the receiver permitted by any order of the court.
(4) A receiver is entitled to all defenses and immunities provided by law for an act or omission within the scope of the receiver’s appointment.
(5) Nothing in this section may be construed to expand any obligation or liability of a receiver under state law, common law or federal law for remediation of environmental damages or hazards. [2017 c.358 §30]
