41-3337. SPECIAL CLAIMS. (1) The claim of a third party which is contingent only on his first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency.
(2) A claim may be allowed even if contingent, if it is filed in accordance with section 41-3335, Idaho Code. It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation.
(3) Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that such claims may be discounted at the legal rate of interest.
(4) Claims made under employment contracts by directors, principal officers, or persons in fact performing similar functions or having similar powers are limited to payment for services rendered prior to the issuance of any order of rehabilitation or liquidation under sections 41-3313 or 41-3318, Idaho Code.
History:
[41-3337, added 1981, ch. 249, sec. 2, p. 530.]
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.