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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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