LD 2574
pg. 4
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LR 3899
Item 1

 
D.__One hundred percent of the voting stock issued by the
reorganized insurer in the reorganization is owned, directly
or through one or more stock holding companies, by the mutual
holding company.__All stock issued by the reorganized insurer
in the reorganization is considered duly and validly issued,
fully paid and nonassessable.

 
E.__The reorganized insurer is a continuation of the
reorganizing insurer.__The reorganization may not annul,
modify or change any of the insurer's existing suits,
rights, contracts or liabilities except as provided in the
plan.

 
8.__Assistance in determining approval of plan.__For the
purpose of determining whether a plan meets the requirements of
this section and any other relevant provisions of this Title, the
superintendent may employ staff personnel and outside
consultants.__All reasonable costs related to the review of a
plan, including those attributable to the use of staff personnel,
must be borne by the insurer or insurers making the filing.

 
9.__Injunctive relief and damages.__If the reorganizing
insurer complies substantially and in good faith with the
requirements of subsection 4, paragraph B with respect to the
giving of any required notice to policyholders, the insurer's
failure to give notice to a person entitled to notice does not
impair the validity of the actions and proceedings taken under
this section or entitle that person to any injunctive or other
equitable relief with respect to those actions and proceedings.__
This subsection does not impair any claim for damages that person
would otherwise have due to failure to give notice.

 
10.__Commencement of challenges.__Challenges to the validity
of or arising out of acts taken or proposed to be taken by a
mutual insurer under this section must be commenced within 180
days of the superintendent's approval of the plan.

 
11.__Exclusion of certain insurers.__This section does not
apply to an insurer authorized to transact life and health
insurance or annuities or an insurer formed pursuant to chapter
52.

 
§3489.__Requirements applicable to a mutual holding company

 
1.__Definitions.__As used in this section, unless the context
otherwise indicates, the following terms have the following
meanings.


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