US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§  8011.  Corporate  existence. (a) The reorganized insurer shall be a
continuation of the reorganizing insurer, and the  reorganization  shall
in  no way annul, modify or change any of such insurer's existing suits,
rights, contracts or liabilities except as provided in the approved plan
of  reorganization.  All  rights,  franchises  and  interests   of   the
reorganizing insurer in and to every species of property, real, personal
and  mixed, and things in action thereunto belonging, shall be vested in
the continuing company, without any deed or transfer, and simultaneously
therewith such continuing  company  shall  be  subject  to  all  of  the
obligations  and  liabilities  of  the  reorganizing insurer, other than
obligations  and  liabilities  with  respect   to   the   policyholders'
membership interests extinguished by the plan of reorganization.

(b) No action or proceeding pending at the time of the reorganization to which the reorganizing insurer may be a party shall be abated or discontinued by reason of such reorganization, but the same may be prosecuted to final judgment in the same manner as if the reorganization had not taken place, or the reorganized insurer may be substituted in place of such reorganizing insurer by order of the court in which the action or proceeding may be pending.