(a) Whenever under this chapter a receiver is to be appointed in delinquency proceedings for a domestic or alien insurer, the court shall appoint the commissioner as such receiver. The court shall order the commissioner forthwith to take possession of the assets of the insurer and to administer the same under the orders of the court.
(b) As a domiciliary receiver, the commissioner shall be vested by operation of law with the title to all of the property, contracts, and rights of action and all of the books and records of the insurer, wherever located, as of the date of entry of the order directing him to rehabilitate or liquidate a domestic insurer or to liquidate the United States branch of an alien insurer domiciled in this state, and he shall have the right to recover the same and reduce the same to possession; except, that ancillary receivers in reciprocal states shall have, as to assets located in their respective states, the rights and powers which are prescribed in this section for ancillary receivers appointed in this state as to assets located in this state.
(c) The recording of a certified copy of the order directing possession to be taken, or a certified copy thereof, in the office of the judge of probate of the county where the proceedings are pending shall impart the same notice as would be imparted by a deed, bill of sale, or other evidence of title duly filed or recorded.
(d) The commissioner as domiciliary receiver shall be responsible for the proper administration of all assets coming into his possession or control. The court may at any time require a bond from him or his deputies if deemed desirable for the protection of such assets.
(e) Upon taking possession of the assets of an insurer, the domiciliary receiver shall, subject to the direction of the court, immediately proceed to conduct the business of the insurer or to take such steps as are authorized by this chapter for the purpose of rehabilitating, liquidating, or conserving the affairs or assets of the insurer.
(f) In connection with delinquency proceedings, the commissioner may appoint one or more special deputy commissioners to act for him, and he may employ such counsel, clerks and assistants as he deems necessary. The compensation of the special deputies, counsel, clerks, or assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the receiver, subject to the approval of the court, and shall be paid out of the funds or assets of the insurer. Within the limits of duties imposed upon them, special deputies shall possess all the powers given to and, in the exercise of those powers, shall be subject to all of the duties imposed upon the receiver with respect to such proceedings.
Structure Code of Alabama
Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.
Section 27-32-1 - Definitions.
Section 27-32-2 - Purpose of Chapter; Construction Thereof.
Section 27-32-3 - Delinquency Proceedings - Jurisdiction; Venue; Appeal.
Section 27-32-4 - Delinquency Proceedings - Commencement; Grant or Denial of Application.
Section 27-32-5 - Injunctions and Restraining Orders.
Section 27-32-6 - Grounds - Rehabilitation of Domestic Insurers.
Section 27-32-7 - Grounds - Liquidation of Domestic or Alien Insurers.
Section 27-32-8 - Grounds - Conservation of Assets - Foreign Insurers.
Section 27-32-9 - Grounds - Conservation of Assets - Alien Insurers.
Section 27-32-10 - Grounds - Ancillary Liquidation of Foreign Insurers.
Section 27-32-11 - Orders - Rehabilitation of Domestic Insurers.
Section 27-32-12 - Orders - Liquidation - Domestic Insurers.
Section 27-32-13 - Orders - Liquidation - Alien Insurers.
Section 27-32-14 - Conservation or Liquidation of Property.
Section 27-32-15 - Conduct of Delinquency Proceedings - Domestic and Alien Insurers.
Section 27-32-16 - Conduct of Delinquency Proceedings - Foreign Insurers.
Section 27-32-17 - Claims in Delinquency Proceedings - Nonresidents Against Domestic Insurers.
Section 27-32-18 - Claims in Delinquency Proceedings - Residents Against Foreign Insurers.
Section 27-32-19 - Claims in Delinquency Proceedings - Form; Time; Notice and Hearing; Order.
Section 27-32-20 - Claims in Delinquency Proceedings - Priorities.
Section 27-32-21 - Attachment, Garnishment, and Execution.
Section 27-32-22 - Uniform Insurers Liquidation Act.
Section 27-32-23 - Deposit of Moneys Collected.
Section 27-32-24 - Exemption of Commissioner From Fees.
Section 27-32-25 - Loans to Facilitate Rehabilitation, etc., of Insurer.
Section 27-32-26 - Fixation of Rights and Liabilities on Liquidation of Insurer.
Section 27-32-27 - Voidable Transfers and Liens.
Section 27-32-28 - Priority of Compensation Owing Employees of Insurer.
Section 27-32-29 - Setoff of Credits and Debts.
Section 27-32-30 - Claims Upon Liquidation of Insurer - Allowance.
Section 27-32-31 - Claims Upon Liquidation of Insurer - Time to File.
Section 27-32-32 - Assessments - Commissioner's Report.
Section 27-32-33 - Assessments - Levy.
Section 27-32-34 - Assessments - Order to Pay - Generally.
Section 27-32-35 - Assessments - Order to Pay - Publication and Service.
Section 27-32-36 - Assessments - Order to Pay - Judgment.
Section 27-32-37 - Priority of Claims of Policyholders and Beneficiaries - Established.
Section 27-32-38 - Priority of Claims of Policyholders and Beneficiaries - Payment of Claims.
Section 27-32-39 - Priority of Claims of Policyholders and Beneficiaries - Reinsuring of Policies.
Section 27-32-41 - Priority of Claims of Policyholders and Beneficiaries - Liability of Receiver.