§4365. Conduct of delinquency proceedings against foreign insurers
1. Whenever under this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled
in this State, the court shall appoint the superintendent as ancillary receiver. The superintendent shall file a petition
requesting the appointment on the grounds set forth in sections 4358 or 4359:
A. If he finds that there are sufficient assets of the insurer located in this State to justify the appointment of an ancillary
receiver, or [1969, c. 132, §1 (NEW).]
B. If 10 or more persons resident in this State having claims against such insurer file a petition with the superintendent
requesting the appointment of such ancillary receiver. [1973, c. 585, §12 (AMD).]
2. The domiciliary receiver for the purpose of liquidating an insurer domiciled in a reciprocal state shall be vested by operation
of law with the title to all of the property, contracts and rights of action, and all of the books and records of the insurer
located in this State and he shall have the immediate right to recover balances due from local agents and to obtain possession
of any books and records of the insurer found in this State. He shall also be entitled to recover the other assets of the
insurer located in this State, except that upon the appointment of an ancillary receiver in this State, the ancillary receiver
shall during the ancillary receivership proceedings have the sole right to recover such other assets. The ancillary receiver
shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims
which are proved and allowed in the ancillary proceedings in this State, and shall pay the necessary expenses of the proceedings.
All remaining assets he shall promptly transfer to the domiciliary receiver. Subject to the foregoing provisions, the ancillary
receiver and his deputies shall have the same powers and be subject to the same duties with respect to the administration
of such assets as a receiver of an insurer domiciled in this State.
[
1969, c. 132, §1 (NEW)
.]
3. The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this State to recover any assets of such
insurer to which he may be entitled under the laws of this State.
[
1969, c. 132, §1 (NEW)
.]
SECTION HISTORY
1969, c. 132, §1 (NEW).
Data for this page extracted on 11/09/2009 11:20:25.