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Session Laws, 1963
Volume 671, Page 1047   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1049

(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 fore-
going 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 domi-
ciled in this State.

(3)   The domiciliary receiver of an insurer domiciled in a recipro-
cal 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.

147.    Claims of Nonresidents Against Domestic Insurers.

(1)   In a delinquency proceeding begun in this State against a
domestic insurer, claimants residing in reciprocal states may file
claims either with the ancillary receivers, if any, in their respective
states, or with the domiciliary receiver. All such claims must be
filed on or before the last date fixed for the filing of claims in the
domiciliary delinquency proceedings.

(2)   Controverted claims belonging to claimants residing in recip-
rocal states may either:

(i) Be proved in this State, or

(ii) If ancillary proceedings have been commenced in such recip-
rocal states, may be proved in those proceedings. In the event a
claimant elects to prove his claim in ancillary proceedings, if notice
of the claim and opportunity to appear and be heard is afforded the
domiciliary receiver of this State, as provided in section 148 of this
subtitle with respect to ancillary proceedings in this State, the final
allowance of such claim by the courts in the ancillary state shall be
accepted in this State as conclusive as to its amount and shall also
be accepted as conclusive as to its priority, if any, against special
deposits or other security located within the ancillary state.

148.    Claims Against Foreign Insurers.

(1) In a delinquency proceeding in a reciprocal state against an
insurer domiciled in that state, claimants against such insurer who
reside within this State may file claims either with the ancillary
receiver, if any, appointed in this State, or with the domiciliary
receiver. All such claims must be filed on or before the last date fixed
for the filing of claims in the domiciliary delinquency proceedings.

 

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Session Laws, 1963
Volume 671, Page 1047   View pdf image (33K)
 Jump to  
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