33-10-222. Stay of proceedings -- reopening default judgments. (1) All proceedings in which the insolvent insurer is a party in any court in this state must be stayed 180 days from the date an order of liquidation, rehabilitation, or supervision is final to permit proper legal action by the association on any matters germane to its powers or duties.
(2) As to a judgment under any decision, order, verdict, or finding based on default, the association may apply to have the judgment set aside by the same court that made the judgment and must be permitted to defend against the suit on the merits.
History: En. 40-5819 by Sec. 19, Ch. 245, L. 1974; R.C.M. 1947, 40-5819; amd. Sec. 140, Ch. 575, L. 1981; amd. Sec. 15, Ch. 195, L. 2003; amd. Sec. 7, Ch. 27, L. 2011.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 10. Insurance Guaranty Associations
Part 2. Life and Health Insurance Guaranty Associations
33-10-201. Short title, purpose, and construction
33-10-203. Creation of association -- accounts -- supervision by commissioner
33-10-204. Board of directors -- commissioner approval -- compensation
33-10-205. Powers and duties of association
33-10-206. Records of meetings and negotiations
33-10-209. Examination of the association -- annual report
33-10-210. Unfair trade practice -- notice to policyowners
33-10-211. through 33-10-214 reserved
33-10-215. Duties and powers of commissioner
33-10-216. Plan of operation -- delegation of powers provision
33-10-217. Prevention of insolvencies or impairments
33-10-218. Examination by commissioner -- cost
33-10-221. Nomination of liquidator by association -- notification given by liquidator
33-10-222. Stay of proceedings -- reopening default judgments
33-10-223. Assignment by beneficiaries -- subrogation
33-10-224. Coverage, limitations, and extent of liability
33-10-225. Association as creditor -- use of assets
33-10-226. Distribution of ownership rights -- distribution to shareholders
33-10-227. Assessments -- abatement -- basis for ratesetting
33-10-230. Tax -- writeoffs of certificates of contribution
33-10-231. through 33-10-234 reserved