(1) In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against such insurer 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 domiciliary delinquency proceedings.
(2) Controverted claims belonging to claimants residing in this state may either:
(a) Be proved in the domiciliary state as provided by the law of that state; or
(b) If ancillary proceedings have been commenced in this state, be proved in those proceedings.
In the event that any such claimant elects to prove his or her claim in this state, he or she shall file his or her claim with the ancillary receiver and shall give notice in writing to the receiver in the domiciliary state, either by registered mail or by personal service at least forty (40) days prior to the date set for hearing. The notice shall contain a concise statement of the amount of the claim, the facts on which the claim is based, and the priorities asserted, if any. If the domiciliary receiver within thirty (30) days after the giving of such notice shall give notice in writing to the ancillary receiver and to the claimant, either by registered mail or by personal service, of his or her intention to contest such claim, he or she shall be entitled to appear or to be represented in any proceeding in this state involving adjudication of the claim. The final allowance of the claim by the courts of this state shall be accepted as conclusive as to its amount and shall also be accepted as conclusive as to its priority, if any, against special deposits or other security located within this state.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Chapter 68 - Rehabilitation and Liquidation of Insurance Companies
§ 23-68-101. Uniform Insurers Liquidation Act
§ 23-68-103. Delinquency proceedings generally
§ 23-68-104. Commencement of delinquency proceedings
§ 23-68-105. Injunctions — Commissioner as party to suits
§ 23-68-106. Grounds for rehabilitation — Domestic insurers
§ 23-68-107. Grounds for liquidation
§ 23-68-108. Grounds for conservation — Domestic, foreign, and alien insurers
§ 23-68-109. Grounds for ancillary liquidation — Foreign insurers
§ 23-68-110. Order of rehabilitation
§ 23-68-111. Order of liquidation — Domestic and alien insurers
§ 23-68-112. Order of conservation or liquidation — Foreign and alien insurers
§ 23-68-113. Conduct of delinquency proceedings against domestic and alien insurers
§ 23-68-114. Disposition of funds held pursuant to § 23-68-113
§ 23-68-115. Conduct of delinquency proceedings against foreign insurers
§ 23-68-116. Claims of nonresidents against domestic insurers
§ 23-68-117. Claims against foreign insurers
§ 23-68-118. Form of claim — Notice — Hearing
§ 23-68-119. Priority of certain claims
§ 23-68-120. Attachment and garnishment of assets
§ 23-68-121. Disposition of moneys collected
§ 23-68-122. Exemption from fees
§ 23-68-123. Borrowing on pledge of assets
§ 23-68-124. Date of rights and liabilities upon liquidation
§ 23-68-125. Voidable transfers and liens
§ 23-68-126. Priority of distribution of general assets
§ 23-68-128. Allowance of certain claims
§ 23-68-129. Time for filing claims
§ 23-68-130. Report and petition for assessment
§ 23-68-131. Order and levy of assessment
§ 23-68-132. Assessment prima facie correct — Procedures to collect assessment
§ 23-68-133. Reinsurer's liability
§ 23-68-134. Priority of distribution of claims — Legislative intent