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Session Laws, 1963
Volume 671, Page 1046   View pdf image (33K)
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1048                           LAWS OF MARYLAND

(2)   As a domiciliary receiver, the Commissioner 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,
wherever located, as of the date of entry of the order directing him
to rehabilitate or liquidate a domestic insurer or to liquidate the
United States branch of an alien insurer domiciled in this State, and
he shall have the right to recover the same and reduce the same to
possession; except that ancillary receivers in reciprocal states shall
have, as to assets located in their respective states, the rights and
powers which are herein prescribed for ancillary receivers appointed
in this State as to assets located in this State.

(3)   The filing or recording of the order directing possession to be
taken, or a certified copy thereof, in any office where instruments
affecting title to property are required to be filed or recorded shall
impart the same notice as would be imparted by a deed, bill of sale,
or other evidence of title duly filed or recorded.

(4)   The Commissioner as domiciliary receiver shall be responsible
for the proper administration of all assets coming into his possession
or control. The court may at any time require a bond from him or
his deputy if deemed desirable for the protection of such assets.

(5)   Upon taking possession of the assets of an insurer, the domi-
ciliary receiver shall, subject to the direction of the court, immedi-
ately proceed to conduct the business of the insurer or to take such
steps as are authorized by this subtitle for the purpose of rehabilitat-
ing, liquidating or conserving the affairs or assets of the insurer.

(6)  In connection with delinquency proceedings, the Commissioner
may appoint one or more special Deputy Commissioners to act for
him and he may employ such counsel, clerks and assistants as he
deems necessary. The compensation of the special deputies, counsel,
clerks or assistants and all expenses of taking possession of the
insurer and of conducting the proceedings shall be fixed by the
receiver, subject to the approval of the court, and shall be paid out
of the funds or assets of the insurer. Within the limits of duties
imposed upon them, special deputies shall possess all the powers
given to and, in the exercise of those powers, shall be subject to all
of the duties imposed upon the receiver with respect to such
proceedings.

146. Conduct of Delinquency Proceedings Against Foreign Insurers.

(1) Whenever under this subtitle an ancillary receiver is to be
appointed in delinquency proceedings for an insurer not domiciled
in this State, the court shall appoint the Commissioner as ancillary
receiver. The Commissioner shall file a petition requesting the
appointment on the grounds set forth in section 140 of this sub-
title:

(i) If he finds that there are sufficient assets of the insurer
located in this State to justify the appointment of an ancillary
receiver, or

(ii) If ten or more persons resident in this State having claims
against such insurer file a petition with the Commissioner request-
ing the appointment of such ancillary receiver.

 

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Session Laws, 1963
Volume 671, Page 1046   View pdf image (33K)
 Jump to  
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