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Session Laws, 1963
Volume 671, Page 1049   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1051

ferred claims if like claims are preferred under the laws of this
State. All such claims owing to residents or nonresidents shall be
given equal priority of payment from general assets regardless of
where such assets are located.

(2)   In a delinquency proceeding against an insurer domiciled in
a reciprocal state, claims owing to residents of this State shall be
preferred if like claims are preferred by the laws of that state.

(3)   The owners of special deposit claims against an insurer for
which a receiver is appointed in this or any other state shall be
given priority against their several special deposits in accordance
with the provisions of the statutes governing the creation and main-
tenance of such deposits. If there is a deficiency in any such deposit
so that the claims secured thereby are not fully discharged there-
from, the claimants may share in the general assets, but such sharing
shall be deferred until general creditors, and also claimants against
other special deposits who have received smaller percentages from
their respective special deposits, have been paid percentages of their
claims equal to the percentage paid from the special deposit.

(4)   The owner of a secured claim against an insurer for which a
receiver has been appointed in this or any other state may surrender
his security and file his claim as a general creditor, or the claim may
be discharged by resort to the security, in which case the deficiency,
if any, shall be treated as a claim against the general assets of the
insurer on the same basis as claims of unsecured creditors. If the
amount of the deficiency has been adjudicated in ancillary proceed-
ings as provided in this subtitle, or if it has been adjudicated by a
court of competent jurisdiction in proceedings in which the domi-
ciliary receiver has had notice and opportunity to be heard, such
amounts shall be conclusive; otherwise the amount shall be deter-
mined in the delinquency proceeding in the domiciliary state.

151.    Attachment and Garnishment of Assets.

During the pendency of delinquency proceedings in this or any
reciprocal state, no action or proceeding in the nature of an attach-
ment, garnishment or execution shall be commenced or maintained
in the courts of this State against the delinquent insurer or its assets.
Any lien obtained or any such action or proceeding within four
months prior to the commencement of any such delinquency proceed-
ing or at any time thereafter shall be void as against any rights
arising in such delinquency proceeding.

152.    Uniform Insurers Liquidation Act.

(1)   Paragraphs (2) to (13) inclusive, of section 132, together
with sections 145, 146, 147, 148, 150 and 151 constitute and may be
referred to as the "Uniform Insurers Liquidation Act".

(2)   The Uniform Insurers Liquidation Act shall be so interpreted
and construed as to effectuate its general purpose to make uniform
the law of those states that enact it. To the extent that its provisions
when applicable conflict with other provisions of this subtitle, the
provisions of such Act shall control.

153.    Deposit of Money Collected.

The moneys collected by the Commissioner in a proceeding under

 

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Session Laws, 1963
Volume 671, Page 1049   View pdf image (33K)
 Jump to  
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