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Session Laws, 1986
Volume 768, Page 897   View pdf image
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HARRY HUGHES, Governor

897

LIABLE FOR UP TO THE AMOUNT OF DISTRIBUTIONS OR PAYMENTS THAT
SUCH PERSONS RECEIVED.

(2)  ANY PERSON THAT OTHERWISE CONTROLLED THE INSURER
AT THE TIME SUCH DISTRIBUTIONS WERE DECLARED SHALL BE LIABLE FOR
UP TO THE AMOUNT OF DISTRIBUTIONS THAT THE PERSON WOULD HAVE
RECEIVED IF THEY HAD BEEN PAID IMMEDIATELY.

(3)  IF 2 OR MORE PERSONS ARE LIABLE WITH RESPECT TO
THE SAME DISTRIBUTIONS, THEY SHALL BE JOINTLY AND SEVERALLY
LIABLE.

(D)  THE MAXIMUM AMOUNT RECOVERABLE UNDER THIS SECTION SHALL
BE THE AMOUNT NEEDED IN EXCESS OF ALL OTHER AVAILABLE ASSETS OF
THE IMPAIRED OR INSOLVENT INSURER TO PAY THE CONTRACTUAL
OBLIGATIONS OF THE IMPAIRED OR INSOLVENT INSURER AND TO REIMBURSE
ANY GUARANTY FUNDS.

(E)  TO THE EXTENT THAT ANY PERSON LIABLE UNDER SUBSECTION
(C) OF THIS SECTION IS INSOLVENT OR OTHERWISE FAILS TO PAY CLAIMS
DUE FROM IT, ITS PARENT CORPORATION OR HOLDING COMPANY, OR OTHER
PERSON WHO OTHERWISE CONTROLLED THE INSURER AT THE TIME THE
DISTRIBUTION WAS PAID, SHALL BE JOINTLY AND SEVERALLY LIABLE FOR
ANY RESULTING DEFICIENCY IN THE AMOUNT RECOVERED FROM SUCH PARENT
CORPORATION OR HOLDING COMPANY OR PERSON WHO OTHERWISE CONTROLLED
IT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.

Approved April 29, 1986.

CHAPTER 200

(House Bill 390)

AN ACT concerning

Child Abuse - Investigations - Report of Findings

FOR the purpose of requiring the local department of social
services or the law enforcement agency to report to the
local State's Attorney preliminary findings of an
investigation of suspected child abuse within a certain time
period; requiring the local department of social services or
the law enforcement agency periodically to report to the

State's Attorney certain updated findings of an

investigation of suspected child abuse until the

investigation is completed to make a fina1 report to the
local State's Attorney of an investigation of suspected
child abuse within a certain time, or to request an


 

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Session Laws, 1986
Volume 768, Page 897   View pdf image
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