§ 33-37-54. Rights of Nonresident Claimants in Proceeding Against Domiciliary Insurer
In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in other states where an ancillary receiver has not been appointed must file claims in this state, and claimants residing in other states where an ancillary receiver has been appointed may file claims either […]
§ 33-37-55. Rights of Resident Claimants in Proceeding in Another State Against Nondomiciliary Insurer
In a liquidation proceeding in another state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing […]
§ 33-37-56. Stay of Proceedings During Pendency of Liquidation Proceeding
During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets. History. Code 1981, § 33-37-56 […]
§ 33-37-57. Superiority of Order of Distribution Issued by Domiciliary State; Priority of Payment and Claims; Rights of Secured Creditors
In a liquidation proceeding in this state involving one or more other states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and other states. All claims of residents of other states shall be given equal priority of payment from general assets regardless of where such […]
§ 33-37-58. Failure of Ancillary Receiver to Transfer Assets
If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other […]
§ 33-37-47. Retention or Destruction of Records
Whenever it shall appear to the Commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he may recommend to the court and the court shall direct what records should be retained for future reference and what should be destroyed. History. Code 1981, § 33-37-47 , enacted […]
§ 33-37-48. Receivership Audits
The superior court may, as it deems desirable, cause audits to be made of the books of the Commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the Commissioner and with the court. The books, records, and other documents of the receivership shall be made […]
§ 33-37-49. Commissioner Appointed as Conservator of Alien or Foreign Insurer’s Property; Grounds
If a domiciliary liquidator has not been appointed, the Commissioner may apply to the superior court by verified petition for an order directing him to act as conservator to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds: Any […]
§ 33-37-50. Commissioner Appointed as Liquidator of Foreign or Alien Insurer’s Assets; Grounds
If no domiciliary receiver has been appointed, the Commissioner may apply to the superior court by verified petition for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds: Any of the grounds provided […]
§ 33-37-51. Title to Property of Insurer Domiciled in Another State; Rights of Resident Claimants
The domiciliary liquidator of an insurer domiciled in another state shall, except as to special deposits and security on secured claims under subsection (c) of Code Section 33-37-52, be vested by operation of law with the title to all of the assets, property, contracts and rights of action, agents’ balances, and all of the books, […]