41-3343. LIQUIDATOR’S RECOMMENDATIONS TO THE COURT. (1) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he shall deem necessary. He may compound, compromise or in any other manner negotiate the amount for which claims will be recommended to the court except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under section 41-3339, Idaho Code. As soon as practicable, he shall present to the court a report of the claims against the insurer with his recommendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed.
(2) The court may approve, disapprove, or modify, the report on claims by the liquidator. Such reports as are not modified by the court within a period of sixty (60) days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject thereafter to later modification or to rulings made by the court pursuant to section 41-3339, Idaho Code. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.
History:
[41-3343, added 1981, ch. 249, sec. 2, p. 534.]
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.