(a) Proof of a claim shall be filed with the receiver, in the form required by AS 21.78.170, on or before the last day for filing specified in the notice required under this chapter, except that proof of a claim for cash surrender value or other investment value in life insurance and annuities need not be filed unless expressly required by the receiver.
(b) The receiver may, under the following circumstances, permit a claimant who makes a late filing to share in distributions, whether past or future, as if the claim was not late, to the extent that a payment does not prejudice the orderly administration of the liquidation:
(1) the existence of the claim was not known to the claimant and the claim was filed as promptly as was reasonably possible after learning of it;
(2) a transfer to a creditor was avoided under this chapter, or was voluntarily surrendered under this chapter, and the filing satisfies the conditions of AS 21.78.253; or
(3) the valuation under AS 21.78.180(d), of security held by a secured creditor, shows a deficiency, a claim for which is filed within 30 days after the valuation.
(c) The receiver shall permit late-filed claims to share in distributions, whether past or future, as if they were not late, if the claims are claims of a guaranty association or foreign guaranty association for reimbursement of covered claims paid or expenses incurred, or both, after the last day for filing, and if the payments were made and expenses were incurred as provided by law.
(d) The receiver may consider a claim that is filed late and that is not covered by (b) of this section and may permit it to receive distributions that are subsequently declared on any claims of the same or lower priority, if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each distribution, the same percentage of the amount allowed on the claim as is then being paid to claimants of a lower priority, until the claim has been paid in full.
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.