33-2-1309. Injunctions and orders. (1) Any receiver appointed in a proceeding under this part may at any time apply for and any court of general jurisdiction may grant such restraining orders, preliminary and permanent injunctions, and other orders as may be necessary to prevent:
(a) the transaction of further business;
(b) the transfer of property;
(c) interference with the receiver or with a proceeding under this part;
(d) waste of the insurer's assets;
(e) dissipation and transfer of bank accounts;
(f) the institution or further prosecution of any actions or proceedings;
(g) the obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets, or its policyholders;
(h) the levying of execution against the insurer, its assets, or its policyholders;
(i) the making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;
(j) the withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or
(k) any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors, or shareholders or the administration of any proceeding under this part.
(2) The receiver may apply to any court outside of the state for the relief described in subsection (1).
History: En. Sec. 5, Ch. 383, L. 1979.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 2. Regulation of Insurance Companies
Part 13. Supervision, Rehabilitation, and Liquidation
33-2-1302. Construction and purpose
33-2-1304. To whom proceedings may be applied
33-2-1305. Who may bring action -- procedure exclusive
33-2-1306. Personal jurisdiction
33-2-1307. Stay pending out-of-state proceedings
33-2-1309. Injunctions and orders
33-2-1310. Cooperation of officers, owners, and employees
33-2-1312. through 33-2-1320 reserved
33-2-1321. Commissioner's summary orders and supervision proceedings
33-2-1322. Court's seizure order
33-2-1323. Confidentiality of proceedings
33-2-1324. through 33-2-1330 reserved
33-2-1331. Grounds for rehabilitation
33-2-1332. Rehabilitation orders
33-2-1333. Powers and duties of the rehabilitator
33-2-1334. Effect of proceedings on pending and potential litigation
33-2-1335. Standing of guaranty associations in proceedings
33-2-1336. Termination of rehabilitation
33-2-1337. through 33-2-1340 reserved
33-2-1341. Grounds for liquidation
33-2-1343. Continuance of policy coverage
33-2-1344. Dissolution of insurer
33-2-1345. Powers of liquidator
33-2-1346. Notice to creditors and others
33-2-1347. Duty of insurance producers to give notice
33-2-1348. Effect of proceedings on pending and potential litigation -- actions by liquidator
33-2-1349. Standing of guaranty associations in proceedings
33-2-1350. Collection and listing of assets
33-2-1351. Fraudulent transfers prior to petition
33-2-1352. Fraudulent transfer after petition
33-2-1353. Voidable preferences and liens
33-2-1354. Procedure for voiding preferences and liens
33-2-1355. Set off for further credit given in good faith
33-2-1356. Transactions to pay for attorneys' services
33-2-1358. Claims of holders of void or voidable rights
33-2-1360. Assessments against members of insurer
33-2-1361. Reinsurer's liability
33-2-1362. Recovery of premiums owed
33-2-1363. Domiciliary liquidator's proposal to distribute assets
33-2-1367. Claims of insureds or claimants against insureds
33-2-1370. Claims of secured creditors
33-2-1371. Priority of distribution
33-2-1372. Liquidator's recommendations to the court concerning claims
33-2-1373. Distribution of assets
33-2-1374. Unclaimed and withheld funds
33-2-1375. Termination of liquidation proceedings
33-2-1376. Reopening liquidation
33-2-1377. Disposition of records during and after liquidation
33-2-1378. Audit of the receiver's books
33-2-1379. Conservation of property of foreign or alien insurers
33-2-1380. Liquidation of assets of foreign or alien insurers
33-2-1381. Domiciliary liquidators in other states
33-2-1382. Ancillary formal proceedings
33-2-1383. Ancillary summary proceedings
33-2-1384. Claims of nonresidents against insurers domiciled in this state
33-2-1385. Claims of residents against insurers domiciled in reciprocal states
33-2-1386. Exemption from legal process during pendency of liquidation
33-2-1387. Interstate priorities
33-2-1388. Subordination of claims for noncooperation of ancillary receiver
33-2-1389. and 33-2-1390 reserved
33-2-1391. Condition on release from delinquency proceedings
33-2-1392. Indemnification of rehabilitator, liquidator, and employees -- persons covered
33-2-1393. Indemnification of rehabilitator, liquidator, and employees