33-10-226. Distribution of ownership rights -- distribution to shareholders. (1) Prior to the termination of any liquidation, rehabilitation, or supervision proceeding, the court may take into consideration the contributions of the respective parties, including the association, the shareholders, and policyowners of the impaired or insolvent insurer and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of the impaired or insolvent insurer. In the determination, consideration must be given to the welfare of the policyowners of the continuing or successor insurer.
(2) A distribution to stockholders, if any, of an impaired or insolvent insurer may not be made until and unless the association has fully recovered the total amount of valid claims of the association, with interest, for funds expended in carrying out its powers and duties under this part.
History: En. 40-5814 by Sec. 14, Ch. 245, L. 1974; R.C.M. 1947, 40-5814(4); amd. Sec. 140, Ch. 575, L. 1981; amd. Sec. 18, Ch. 195, L. 2003; amd. Sec. 11, 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