Connecticut General Statutes
Chapter 704c - Insurers Rehabilitation and Liquidation Act and Termination of Domestic Life Insurance Companies
Section 38a-906. (Formerly Sec. 38-424). - Jurisdiction and venue.

(a) No delinquency proceeding shall be commenced under sections 38a-903 to 38a-961, inclusive, by anyone other than the commissioner and no court shall have jurisdiction to entertain, hear or determine any proceeding commenced by any other person.

(b) No court of this state shall have jurisdiction to entertain, hear or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer, or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to such proceedings other than in accordance with sections 38a-903 to 38a-961, inclusive.
(c) In addition to other grounds for jurisdiction provided by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to the provisions of the general statutes pertaining to an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state: (1) If the person served is obligated to the insurer in any way as an incident to any producer arrangement that may exist or has existed between the insurer and the producer, in any action on or incident to the obligation; or (2) if the person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted, or is a producer of or for the reinsurer, in any action on or incident to the reinsurance contract; or (3) if the person served is or has been an officer, manager, trustee, organizer, promoter or person in a position of comparable authority or influence in an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced, in any action resulting from such a relationship with the insurer; or (4) if the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or (5) if the person served is obligated to the insurer, in any way, in any action on or incident to the obligation.
(d) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state.
(e) All action herein authorized shall be brought in superior court for the judicial district of Hartford.
(P.A. 79-382, S. 4; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 92-93, S. 4; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 96-193, S. 30, 36.)
History: P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; Sec. 38-424 transferred to Sec. 38a-906 in 1991; P.A. 92-93 amended Subsec. (c) to add additional parties re subject matter jurisdiction in new Subdivs. (2), (4) and (5), renumbering former Subdiv. (2) as (3), and made technical corrections for statutory consistency; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 96-193 substituted “producer” for “agent or broker” and “producer arrangement” for “agency or brokerage” in Subsec. (c), effective June 3, 1996.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 38a - Insurance

Chapter 704c - Insurers Rehabilitation and Liquidation Act and Termination of Domestic Life Insurance Companies

Section 38a-903. (Formerly Sec. 38-421). - Short title: Insurers Rehabilitation and Liquidation Act. Interpretation. Applicability.

Section 38a-904. (Formerly Sec. 38-422). - Application of provisions.

Section 38a-905. (Formerly Sec. 38-423). - Definitions.

Section 38a-906. (Formerly Sec. 38-424). - Jurisdiction and venue.

Section 38a-907. (Formerly Sec. 38-425). - Injunctions, orders and stays.

Section 38a-908. (Formerly Sec. 38-426). - Cooperation of officers, owners and employees. Penalties.

Section 38a-909. (Formerly Sec. 38-427). - Persons afforded protection. Official immunity. Segregation of funds. Bonds.

Section 38a-910. (Formerly Sec. 38-428). - Continuation of delinquency proceedings.

Section 38a-911. (Formerly Sec. 38-429). - Delinquency proceeding: Limitations and conditions.

Section 38a-912. (Formerly Sec. 38-430). - Seizure order by court.

Section 38a-913. (Formerly Sec. 38-431). - Confidentiality of proceedings.

Section 38a-913a. - Records of delinquent insurer. Use as evidence. Applicability of Freedom of Information Act. Costs of producing records.

Section 38a-914. (Formerly Sec. 38-432). - Grounds for rehabilitation.

Section 38a-915. (Formerly Sec. 38-433). - Rehabilitation orders. Appointment of judge to supervise rehabilitation. Accounting. Appeals.

Section 38a-916. (Formerly Sec. 38-434). - Powers and duties of the rehabilitator. Advisory committees.

Section 38a-917. (Formerly Sec. 38-435). - Actions by and against rehabilitator.

Section 38a-918. (Formerly Sec. 38-436). - Order of liquidation. Termination of rehabilitation.

Section 38a-919. (Formerly Sec. 38-437). - Grounds for liquidation.

Section 38a-920. (Formerly Sec. 38-438). - Liquidation orders. Financial reports: Contents and filings. Handling of claim obligations. Appointment of judge to supervise liquidation. Preference of claims. Appeals.

Section 38a-921. (Formerly Sec. 38-439). - Continuance of coverage. Cancellation of bond or surety undertaking.

Section 38a-922. (Formerly Sec. 38-440). - Dissolution of insurer.

Section 38a-923. (Formerly Sec. 38-441). - Powers of liquidator.

Section 38a-924. (Formerly Sec. 38-442). - Notice to creditors and others. Requirements. Exceptions.

Section 38a-925. (Formerly Sec. 38-443). - Duties of agents. Penalty.

Section 38a-926. (Formerly Sec. 38-444). - Actions by and against liquidator.

Section 38a-927. (Formerly Sec. 38-445). - List of assets.

Section 38a-928. (Formerly Sec. 38-446). - Fraudulent transfers prior to petition.

Section 38a-929. (Formerly Sec. 38-447). - Fraudulent transfer after petition.

Section 38a-930. (Formerly Sec. 38-448). - Voidable preferences and liens. Exceptions.

Section 38a-931. (Formerly Sec. 38-449). - Claims of holders of void or voidable rights.

Section 38a-932. (Formerly Sec. 38-450). - Set-offs and counterclaims. Accounting statements.

Section 38a-933. (Formerly Sec. 38-451). - Assessments.

Section 38a-933a. - Amounts recoverable. Affiliate liability. Timing of proceedings.

Section 38a-934. (Formerly Sec. 38-452.) - Reinsurer's liability.

Section 38a-935. (Formerly Sec. 38-453). - Recovery of premiums owed. Penalty. Appeals.

Section 38a-936. (Formerly Sec. 38-454). - Liquidator's proposal to distribute assets.

Section 38a-937. (Formerly Sec. 38-455). - Filing of claims.

Section 38a-938. (Formerly Sec. 38-456). - Proof of claim.

Section 38a-939. (Formerly Sec. 38-457). - Special claims.

Section 38a-940. (Formerly Sec. 38-458). - Special provisions for third party claims. Liquidator recommendations. Provisions not applicable to claims covered by guaranty association.

Section 38a-941. (Formerly Sec. 38-459). - Disputed claims. Hearings. Procedure.

Section 38a-942. (Formerly Sec. 38-460). - Claims of surety.

Section 38a-943. (Formerly Sec. 38-461). - Secured creditor's claims.

Section 38a-944. (Formerly Sec. 38-462). - Priority of distribution of claims.

Section 38a-944a. - Additional rights. Netting agreements. Qualified financial contracts. Security arrangements.

Section 38a-945. (Formerly Sec. 38-463). - Liquidator's recommendations to the court.

Section 38a-946. (Formerly Sec. 38-464). - Distribution of assets.

Section 38a-947. (Formerly Sec. 38-465). - Unclaimed and withheld funds.

Section 38a-948. (Formerly Sec. 38-466). - Termination of proceedings.

Section 38a-949. (Formerly Sec. 38-467). - Reopening liquidation.

Section 38a-950. (Formerly Sec. 38-468). - Disposition of records during and after termination of liquidation.

Section 38a-951. (Formerly Sec. 38-469). - External audit of the receiver's books.

Section 38a-952. (Formerly Sec. 38-470). - Conservation of property of foreign or alien insurers found in this state. Termination of conservation. Appointment of judge to supervise ancillary proceeding.

Section 38a-953. (Formerly Sec. 38-471). - Liquidation of property of foreign or alien insurers found in this state.

Section 38a-954. (Formerly Sec. 38-472). - Domiciliary liquidators in other states.

Section 38a-955. (Formerly Sec. 38-473). - Ancillary formal proceedings.

Section 38a-956. (Formerly Sec. 38-474). - Ancillary summary proceedings.

Section 38a-957. (Formerly Sec. 38-475). - Claims of nonresidents against insurers domiciled in this state.

Section 38a-958. (Formerly Sec. 38-476). - Commissioner as ancillary receiver for insurers not domiciled in this state.

Section 38a-959. (Formerly Sec. 38-477). - Attachment, garnishment or levy of execution not to be commenced.

Section 38a-960. (Formerly Sec. 38-478). - Interstate priorities.

Section 38a-961. (Formerly Sec. 38-479). - Subordination of claims for noncooperation.

Section 38a-962. - Definitions.

Section 38a-962a. - Applicability.

Section 38a-962b. - Administrative supervision by the commissioner.

Section 38a-962c. - Confidentiality of proceedings, hearings, records, reports and correspondence. Exception.

Section 38a-962d. - Prohibited activities during supervision. Prior approval.

Section 38a-962e. - Contested action. Appeal.

Section 38a-962f. - Judicial or other delinquency proceedings.

Section 38a-962g. - Regulations.

Section 38a-962h. - Supervision proceeding: Contact with commissioner allowed.

Section 38a-962i. - Immunity from liability.

Section 38a-962j. - Right of recovery.

Section 38a-966 to 38a-970. (Formerly Secs. 38-136 to 38-140). - Assets to vest in commissioner on repeal of charter. Powers and duties of commissioner. Limitation of time for presentation of claims. Valuation of policies in force. Application of ass...