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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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | §3489.__Requirements applicable to a mutual holding company |
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| | | 1.__Definitions.__As used in this section, unless the context | | otherwise indicates, the following terms have the following | | meanings. |
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