A. Any transfer of or lien upon the property of an insurer that is made or created within four months before the institution of delinquency proceedings under this chapter shall be voidable if (i) done with the intent of giving or enabling any creditor to obtain a greater percentage of payment of the debt than any other creditor of the same class and (ii) the creditor accepting the transfer has reasonable cause to believe that a preference will occur.
B. Every director, officer, employee, stockholder, member, subscriber, and other person acting on behalf of an insurer who is involved in any act described in subsection A of this section, and every person receiving property of an insurer as a result of this act, shall be personally liable and held accountable to the receiver.
C. A receiver in any proceeding under this chapter may avoid any transfer of or lien upon the property of an insurer that any creditor, stockholder, subscriber or member of the insurer might have avoided. The receiver may also recover the transferred property unless the person was a valid holder for value before the date of the institution of delinquency proceedings under this chapter. The property or its value may be recovered from anyone who has received it except as a valid holder for value as specified in this subsection.
1952, c. 317, § 38.1-137; 1986, c. 562.
Structure Code of Virginia
Chapter 15 - Rehabilitation and Liquidation of Insurers
§ 38.2-1502. Jurisdiction and procedure
§ 38.2-1503. Grounds for delinquency proceedings commenced by Commission against domestic insurer
§ 38.2-1504. Requirements when proceedings instituted by any person other than Commission
§ 38.2-1505. Commission may apply for receiver and for other relief; what orders court may enter
§ 38.2-1507. Further procedure; injunction may be issued
§ 38.2-1508. Powers of Commission when authorized to rehabilitate or liquidate companies
§ 38.2-1510. Commission may appoint assistants in connection with rehabilitation or liquidation
§ 38.2-1511. Borrowing on pledge of assets
§ 38.2-1512. Rights and liabilities fixed upon liquidation
§ 38.2-1513. Voidable transfers
§ 38.2-1514. Priority of claims for wages
§ 38.2-1515. Mutual debts or credits, how treated
§ 38.2-1516. Receivers to file reports, etc., with Commission
§ 38.2-1517. What included in annual report of Commission
§ 38.2-1518. Rehabilitation or mutualization of companies
§ 38.2-1519. Termination of rehabilitation; when liquidation may be entered
§ 38.2-1520. Liquidation of alien insurers
§ 38.2-1521. Conservation of assets of foreign or alien insurer; when liquidation may be entered