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Session Laws, 1941
Volume 582, Page 465   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 465

property the term includes all in excess of the amount neces-
sary to discharge the sum or sums secured.

(8) "Preferred Claim" means any claim with respect to
which the law of a state or of the United States accords
priority of payment from the general assets of the insurer.

(9) "Special Deposit Claim" means any claim secured gen-
erally by a deposit of a fund or property or bond which deposit
has been made to secure the payment of all claims of a par-
ticular state. The term does not include claims which are
secured by deposit for the benefit or protection of all claimants
against the insurer in the United States.

(10) "Secured Claim" means any claim secured specifically
by mortgage, trust, deed, pledge, deposit as security, escrow or
otherwise, The term also includes claims which prior to the
commencement of delinquency proceedings in the state of the
insurer's domicile have become liens upon specific assets by
reason of judicial process.

(11) "Foreign Country" means territory outside of any state.

(12) "Receiver" means receiver, liquidator, rehabilitator or
conservator as the context may require.

65B. Filing and Proving of Claims of Non - Residents
Against Delinquent Domiciliary Insurers. In any delinquency
proceeding begun in this state against a domiciliary insurer
of this state, claimants residing in an ancillary reciprocal
state may file claims either with the ancillary receiver, if any,
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. In any such pro-
ceeding controverted claims belonging to claimants residing
in such ancillary states may either (a) be proved in this state
as provided by law, or (b) if ancillary proceedings have been
commenced in such ancillary state, may be proved in such
ancillary proceedings. In the event a claimant elects to prove
Ms claim in ancillary proceedings, and, if notice of the claim
and opportunity to appear and be heard is afforded the domi-
ciliary receiver of this state, such claim, when allowed by the
court in the ancillary state, shall be accepted in this state as
final and conclusive as to its priority, if any, as against special
deposits or other security located within the ancillary state.

65C. Proof of Claims of Residents in Connection With
Delinquency Proceedings in Other States. If a delinquency
proceeding1 is commenced in a reciprocal state against an
insurer domiciled in such state, claimants against such in-
surer 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

 

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Session Laws, 1941
Volume 582, Page 465   View pdf image (33K)   << PREVIOUS  NEXT >>


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