Idaho Code
Chapter 33 - INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION
Section 41-3356 - CLAIMS OF RESIDENTS AGAINST INSURERS DOMICILED IN RECIPROCAL STATES.

41-3356. CLAIMS OF RESIDENTS AGAINST INSURERS DOMICILED IN RECIPROCAL STATES. (1) In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state, or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.
(2) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state, or in ancillary proceedings, if any, in this state. If a claimant elects to prove his claim in this state, he shall file his claim with the liquidator in the manner provided in sections 41-3335 and 41-3336, Idaho Code. The ancillary receiver shall make his recommendation to the court as under section 41-3343, Idaho Code. He shall also arrange a date for hearing if necessary under section 41-3339, Idaho Code, and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least forty (40) days prior to the date set for hearing. If the domiciliary liquidator, within thirty (30) days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of his intention to contest the claim, he shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.
(3) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.

History:
[41-3356, added 1981, ch. 249, sec. 2, p. 539.]

Structure Idaho Code

Idaho Code

Title 41 - INSURANCE

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 41-3307 - BONDS.

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 41-3311 - HEARINGS.

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 41-3330 - SETOFFS.

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.

Section 41-3360 - SEVERABILITY.