Sec. 18. In exercising a receiver's right of disaffirmance or repudiation with respect to a netting agreement or qualified financial contract to which an insurer is a party, the receiver for the insurer shall either:
(1) disaffirm or repudiate all netting agreements and qualified financial contracts between a counterparty or an affiliate of a counterparty and the insurer that is the subject of the proceeding; or
(2) disaffirm or repudiate none of the netting agreements and qualified financial contracts referred to in subdivision (1) with respect to a counterparty or an affiliate of a counterparty.
As added by P.L.11-2011, SEC.36.
Structure Indiana Code
Article 9. Supervision; Rehabilitation; Liquidation
Chapter 3.1. Treatment of Certain Agreements
27-9-3.1-1. "Actual Direct Compensatory Damages"
27-9-3.1-3. "Commodity Contract"
27-9-3.1-4. "Contractual Right"
27-9-3.1-5. "Forward Contract"
27-9-3.1-6. "Netting Agreement"
27-9-3.1-7. "Qualified Financial Contract"
27-9-3.1-8. "Repurchase Agreement"
27-9-3.1-9. "Securities Contract"
27-9-3.1-11. "Walkaway Clause"
27-9-3.1-14. Transfer of Amounts With Receiver
27-9-3.1-15. Transfers by Receiver
27-9-3.1-16. Notice to Parties of Transfer
27-9-3.1-17. Avoidance of Transfer by Receiver
27-9-3.1-18. Receiver's Right of Disaffirmance or Repudiation
27-9-3.1-19. Claim Arising From Disaffirmance or Repudiation