(a) A contingent and unliquidated claim may not share in a distribution of the assets of an insurer that has been adjudicated to be insolvent by an order made under this chapter, except that the claim shall be considered, if properly presented, and may be allowed to share if
(1) the claim becomes absolute against the insurer on or before the last day for filing claims against the assets of the insurer; or
(2) there is a surplus and the liquidation is, after that, conducted upon the basis that the insurer is solvent.
(b) The claim of a third party that is contingent only on the third party claimant first obtaining a judgment against the insured shall be considered and allowed as if there were not a contingency.
(c) A claim may be allowed even if contingent, if it is filed under AS 21.78.292. It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation.
(d) A claim that is due except for the passage of time shall be treated as an absolute claim is treated, except that the claim may be discounted at the legal rate of interest.
(e) A claim made under an employment contract by a director, principal officer, or person in fact performing similar functions or having similar powers, is limited to payment for services rendered before the issuance of an order of rehabilitation or liquidation under this chapter.
Structure Alaska Statutes
Chapter 78. Rehabilitation and Liquidation
Sec. 21.78.010. Jurisdiction of delinquency proceedings.
Sec. 21.78.020. Commencement of delinquency proceedings.
Sec. 21.78.030. Injunctions and orders.
Sec. 21.78.040. Grounds for rehabilitation.
Sec. 21.78.050. Grounds for liquidation.
Sec. 21.78.060. Grounds for conservation, foreign insurers.
Sec. 21.78.070. Grounds for conservation, alien insurers.
Sec. 21.78.080. Grounds for ancillary liquidation.
Sec. 21.78.090. Order of rehabilitation.
Sec. 21.78.100. Order of liquidation, domestic insurers.
Sec. 21.78.110. Order of liquidation, alien insurers.
Sec. 21.78.120. Order of conservation or ancillary liquidation of foreign or alien insurers.
Sec. 21.78.130. Conduct of delinquency proceedings against domestic and alien insurers.
Sec. 21.78.140. Conduct of delinquency proceedings against foreign insurers.
Sec. 21.78.150. Claims of nonresidents against domestic insurers.
Sec. 21.78.160. Claims against foreign insurers.
Sec. 21.78.170. Form of claim.
Sec. 21.78.180. Priority of certain claims.
Sec. 21.78.190. Attachment and garnishment of assets.
Sec. 21.78.200. Uniform Insurers Liquidation Act.
Sec. 21.78.210. Deposit of money collected.
Sec. 21.78.220. Exemption from fees.
Sec. 21.78.230. Borrowing on pledge of assets.
Sec. 21.78.240. Date rights fixed on liquidation.
Sec. 21.78.250. Fraudulent transfers before petition.
Sec. 21.78.251. Fraudulent transfer after petition.
Sec. 21.78.252. Voidable preferences and liens.
Sec. 21.78.253. Claims of holders of void or voidable rights.
Sec. 21.78.260. Priority of distribution.
Sec. 21.78.270. Setoffs and counterclaims.
Sec. 21.78.271. Recovery of premiums owed.
Sec. 21.78.272. Reinsurer's liability.
Sec. 21.78.280. Special claims.
Sec. 21.78.281. Special provisions for third-party claims.
Sec. 21.78.290. Notice to creditors and others.
Sec. 21.78.291. Duties of agents.
Sec. 21.78.292. Filing of claims.
Sec. 21.78.293. Receiver's recommendation to the court.
Sec. 21.78.294. Distribution of assets.
Sec. 21.78.295. Unclaimed and withheld money.
Sec. 21.78.296. Termination of proceedings.
Sec. 21.78.297. Reopening liquidation.
Sec. 21.78.298. Disposition of records during and after termination of liquidation.
Sec. 21.78.300. Report and petition for assessment.
Sec. 21.78.310. Order and levy of assessment.
Sec. 21.78.320. Assessment prima facie correct.