(a) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, the credits and debts shall be set off, and the balance only shall be allowed or paid, except as provided in subsection (b) of this section.
(b) No offset shall be allowed in favor of any such person where:
(1) The obligation of the insurer to the person would not at the date of the entry of any liquidation order or otherwise, as provided in § 23-68-124, entitle him or her to share as a claimant in the assets of the insurer;
(2) The obligation of the insurer to the person was purchased by or transferred to the person with a view of its being used as an offset; or
(3) The obligation of the person is to pay an assessment levied against the members of a mutual insurer, or against the subscribers of a reciprocal insurer, or is to pay a balance upon the subscription to the capital stock of a stock insurer.
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