District of Columbia Code
Chapter 13 - Insurers Rehabilitation and Liquidation Procedures
§ 31–1348. Conservation of property of foreign or alien insurers found in the District of Columbia

(a) If a domiciliary liquidator has not been appointed, the Commissioner may apply to the Superior Court of the District of Columbia by verified petition for an order directing him or her to act as conservator to conserve the property of an alien insurer not domiciled in the District, or a foreign insurer, on any one or more of the following grounds:
(1) Any of the grounds in § 31-1310;
(2) That any of its property has been sequestered by official action in its domiciliary state, or in any other state;
(3) That enough of its property has been sequestered in a foreign country to give reasonable cause to fear that the insurer is or may become insolvent; or
(4)(A) That its certificate of authority to do business in the District has been revoked or that none was ever issued; and
(B) That there are residents of the District with outstanding claims or outstanding policies.
(b) When an order is sought under subsection (a) of this section, the court shall cause the insurer to be given notice and time to respond reasonable under the circumstances.
(c) The court may issue the order in whatever terms it deems appropriate. The filing or recording of the order with the Clerk of the Superior Court of the District of Columbia shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.
(d) The conservator may at any time petition for, and the court may grant, an order under § 31-1349 to liquidate assets of a foreign or alien insurer under conservation, or, if appropriate, for an order under § 31-1351 to be appointed ancillary receiver.
(e) The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and control of its business. The court may also make such a finding and issue such an order at any time upon motion of any interested party, but, if the motion is denied, all costs shall be assessed against the interested party.
(Oct. 15, 1993, D.C. Law 10-35, § 49, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)
1981 Ed., § 35-2848.
This section is referenced in § 31-1349 and § 31-1350.

Structure District of Columbia Code

District of Columbia Code

Title 31 - Insurance and Securities

Chapter 13 - Insurers Rehabilitation and Liquidation Procedures

§ 31–1301. Definitions

§ 31–1302. Applicability

§ 31–1303. Jurisdiction and venue

§ 31–1304. Injunctions and orders

§ 31–1305. Cooperation of officers, owners, and employees

§ 31–1306. Continuation of delinquency proceedings

§ 31–1307. Condition on release from delinquency proceedings; conditions on operations during proceedings

§ 31–1308. Temporary seizure order

§ 31–1309. Confidentiality of records

§ 31–1309.01. Duty to provide information to other insurance regulators and guaranty associations

§ 31–1310. Grounds for rehabilitation

§ 31–1311. Rehabilitation orders

§ 31–1312. Powers and duties of the rehabilitator

§ 31–1313. Actions by and against the rehabilitator

§ 31–1314. Termination of rehabilitation

§ 31–1315. Grounds for liquidation

§ 31–1316. Liquidation orders

§ 31–1317. Continuance of coverage

§ 31–1318. Dissolution of insurer

§ 31–1319. Powers of liquidator

§ 31–1320. Notice to creditors and others

§ 31–1321. Duties of agents

§ 31–1322. Actions by and against liquidator

§ 31–1323. Collection and list of assets

§ 31–1324. Fraudulent transfer prior to petition

§ 31–1325. Fraudulent transfer after petition

§ 31–1326. Voidable preferences and liens

§ 31–1327. Claims of holders of void or voidable rights

§ 31–1328. Setoffs

§ 31–1329. Assessments

§ 31–1330. Reinsurer’s liability

§ 31–1331. Recovery of premiums owed

§ 31–1332. Domiciliary liquidator’s proposal to distribute assets

§ 31–1333. Filing of claims

§ 31–1334. Proof of claim

§ 31–1335. Special claims

§ 31–1336. Special provisions for third party claims

§ 31–1337. Disputed claims

§ 31–1338. Claims of surety

§ 31–1339. Secured creditor’s claims

§ 31–1340. Priority of distribution

§ 31–1341. Liquidator’s recommendations to the court

§ 31–1342. Distribution of assets

§ 31–1343. Unclaimed and withheld funds

§ 31–1344. Termination of proceedings

§ 31–1345. Reopening liquidation

§ 31–1346. Disposition of records during and after termination of liquidation

§ 31–1347. External audit of the receiver’s books

§ 31–1348. Conservation of property of foreign or alien insurers found in the District of Columbia

§ 31–1349. Liquidation of property of foreign or alien insurers found in the District of Columbia

§ 31–1350. Domiciliary liquidators in other states

§ 31–1351. Ancillary formal proceedings

§ 31–1352. Ancillary summary proceedings

§ 31–1353. Claims of nonresidents against insurers domiciled in the District of Columbia

§ 31–1354. Claims of residents against insurers domiciled in reciprocal states

§ 31–1355. Attachment, garnishment, and levy of execution

§ 31–1356. Interstate priorities

§ 31–1357. Subordination of claims for noncooperation