41-3315. ACTIONS BY AND AGAINST REHABILITATOR. (1) Any court in this state before which any action or proceeding in which the insurer is a party or is obligated to defend a party is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for ninety (90) days and such additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending litigation as he deems necessary in the interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer.
(2) No statute of limitations or defense of laches shall run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action by or against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty (60) days after the order of rehabilitation is entered or the petition is denied.
(3) Any guaranty association or foreign guaranty association covering life or health insurance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if such association is or may become liable to act as a result of the rehabilitation.
History:
[41-3315, added 1981, ch. 249, sec. 2, p. 514.]
Structure Idaho Code
Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION
Section 41-3301 - CONSTRUCTION AND PURPOSE.
Section 41-3302 - PERSONS COVERED.
Section 41-3303 - DEFINITIONS.
Section 41-3304 - JURISDICTION AND VENUE.
Section 41-3305 - INJUNCTIONS AND ORDERS.
Section 41-3306 - COOPERATIONS OF OFFICERS, OWNERS, AND EMPLOYEES.
Section 41-3308 - CONTINUATION OF DELINQUENCY PROCEEDINGS.
Section 41-3309 - DIRECTOR’S SUMMARY ORDERS AND SUPERVISION PROCEEDINGS.
Section 41-3310 - COURT’S SEIZURE ORDER.
Section 41-3312 - GROUNDS FOR REHABILITATION.
Section 41-3313 - REHABILITATION ORDERS.
Section 41-3314 - POWERS AND DUTIES OF THE REHABILITATOR.
Section 41-3315 - ACTIONS BY AND AGAINST REHABILITATOR.
Section 41-3316 - TERMINATION OF REHABILITATION.
Section 41-3317 - GROUNDS FOR LIQUIDATION.
Section 41-3318 - LIQUIDATION ORDERS.
Section 41-3319 - CONTINUANCE OF COVERAGE.
Section 41-3320 - INSURER — DISSOLUTION.
Section 41-3321 - POWERS OF LIQUIDATOR.
Section 41-3322 - NOTICE TO CREDITORS AND OTHERS.
Section 41-3323 - DUTIES OF AGENTS.
Section 41-3324 - ACTIONS BY AND AGAINST LIQUIDATOR.
Section 41-3325 - COLLECTION AND LIST OF ASSETS.
Section 41-3326 - FRAUDULENT TRANSFERS PRIOR TO PETITION.
Section 41-3327 - FRAUDULENT TRANSFER AFTER PETITION.
Section 41-3328 - VOIDABLE PREFERENCES AND LIENS.
Section 41-3329 - CLAIMS OF HOLDERS OF VOID OR VOIDABLE RIGHTS.
Section 41-3331 - ASSESSMENTS.
Section 41-3332 - REINSURER’S LIABILITY.
Section 41-3333 - RECOVERY OF PREMIUMS OWED.
Section 41-3334 - DOMICILIARY LIQUIDATOR’S PROPOSAL TO DISTRIBUTE ASSETS.
Section 41-3335 - FILING OF CLAIMS.
Section 41-3336 - PROOF OF CLAIM.
Section 41-3337 - SPECIAL CLAIMS.
Section 41-3338 - SPECIAL PROVISIONS FOR THIRD PARTY CLAIMS.
Section 41-3339 - DISPUTED CLAIMS.
Section 41-3340 - CLAIMS OF SURETY.
Section 41-3341 - SECURED CREDITOR’S CLAIMS.
Section 41-3342 - PRIORITY OF DISTRIBUTION.
Section 41-3343 - LIQUIDATOR’S RECOMMENDATIONS TO THE COURT.
Section 41-3344 - DISTRIBUTION OF ASSETS.
Section 41-3345 - UNCLAIMED AND WITHHELD FUNDS.
Section 41-3346 - TERMINATION OF PROCEEDINGS.
Section 41-3347 - REOPENING LIQUIDATION.
Section 41-3348 - DISPOSITION OF RECORDS DURING AND AFTER TERMINATION OF LIQUIDATION.
Section 41-3349 - EXTERNAL AUDIT OF THE RECEIVER’S BOOKS.
Section 41-3350 - CONSERVATION OF PROPERTY OF FOREIGN OR ALIEN INSURERS FOUND IN THIS STATE.
Section 41-3351 - LIQUIDATION OF PROPERTY OF FOREIGN OR ALIEN INSURERS FOUND IN THIS STATE.
Section 41-3352 - DOMICILIARY LIQUIDATORS IN OTHER STATES.
Section 41-3353 - ANCILLARY FORMAL PROCEEDINGS.
Section 41-3354 - ANCILLARY SUMMARY PROCEEDINGS.
Section 41-3355 - CLAIMS OF NONRESIDENTS AGAINST INSURERS DOMICILED IN THIS STATE.
Section 41-3356 - CLAIMS OF RESIDENTS AGAINST INSURERS DOMICILED IN RECIPROCAL STATES.
Section 41-3357 - ATTACHMENT, GARNISHMENT, AND LEVY OF EXECUTION.
Section 41-3358 - INTERSTATE PRIORITIES.
Section 41-3359 - SUBORDINATION OF CLAIMS FOR NONCOOPERATION.