A. An order to rehabilitate a domestic insurer shall direct the superintendent and his successors in office forthwith to take possession of the property of such insurer and to conduct the business thereof, and to take such steps toward the removal of the causes and conditions which have made such proceeding necessary as the court shall direct.
B. If at any time the superintendent shall deem that further efforts to rehabilitate the insurer would be futile, he may apply to the court for an order of liquidation.
C. The superintendent or any interested person upon due notice to the superintendent, at any time may apply for an order terminating any rehabilitation proceeding and permitting such insurer to resume possession of its property and the conduct of its business, but no such order shall be granted except when, after a full hearing, the court shall determine that the purposes of the proceeding have been fully accomplished.
D. The superintendent may apply for an order directing him to liquidate the business of a domestic insurer or the United States branch of an alien insurer having trusteed assets in this state, upon any one or more of the grounds specified in Section 720 [59A-41-28 NMSA 1978] of this article regardless of whether or not there has been a prior order directing him to rehabilitate such insurer.
History: Laws 1984, ch. 127, § 721.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 Am. Jur. 2d Insurance § 127.
Structure New Mexico Statutes
Article 41 - Conservation, Rehabilitation and Liquidation
Section 59A-41-1 - Short title.
Section 59A-41-2 - Scope of article.
Section 59A-41-3 - Definitions.
Section 59A-41-4 - "Ancillary state" defined.
Section 59A-41-5 - "Creditor" defined.
Section 59A-41-6 - "Delinquency proceeding" defined.
Section 59A-41-7 - "Domiciliary state" defined.
Section 59A-41-8 - "Foreign country" defined.
Section 59A-41-9 - "General assets" defined.
Section 59A-41-10 - "Impairment" defined.
Section 59A-41-11 - "Insolvency" defined.
Section 59A-41-12 - "Preferred claim" defined.
Section 59A-41-13 - "Receiver" defined.
Section 59A-41-14 - "Reciprocal state" defined.
Section 59A-41-15 - "Secured claim" defined.
Section 59A-41-16 - "Special deposit claim" defined.
Section 59A-41-17 - Uniform Insurers Liquidation Act; composition, severability and interpretation.
Section 59A-41-18 - Conduct of delinquency proceedings against domestic insurers.
Section 59A-41-20 - Filing, proving claims of nonresidents against delinquent domestic insurers.
Section 59A-41-22 - Priority of preferred claims, special deposit claims and secured claims.
Section 59A-41-23 - Attachment, garnishment of assets.
Section 59A-41-24 - Hazardous financial condition; determination.
Section 59A-41-25 - Requirements of insurer in hazardous financial condition.
Section 59A-41-26 - Hazardous financial condition; failure of insurer to comply with requirements.
Section 59A-41-27 - Deposit of foreign insurer during examination; impoundment of assets.
Section 59A-41-28 - Grounds for rehabilitation, liquidation of domestic insurer.
Section 59A-41-29 - Order of rehabilitation; termination.
Section 59A-41-30 - Order of liquidation of domestic insurer; rights, liabilities.
Section 59A-41-31 - Grounds for conservation of assets of foreign insurer.
Section 59A-41-32 - Order of conservation or ancillary liquidation of foreign or alien insurer.
Section 59A-41-33 - Grounds for dissolution of domestic insurer.
Section 59A-41-34 - Commencement of a delinquency proceeding.
Section 59A-41-35 - Change of venue.
Section 59A-41-36 - Right of guaranty association to participate in delinquency proceeding.
Section 59A-41-37 - Exemption from filing fees.
Section 59A-41-38 - Deposit of monies collected.
Section 59A-41-39 - Borrowing on pledge of assets.
Section 59A-41-40 - Sale, disposition of assets and compromise of certain claims.
Section 59A-41-41 - Time to file claims.
Section 59A-41-42 - Fraudulent transfers prior to petition.
Section 59A-41-43 - Fraudulent transfer after petition.
Section 59A-41-43.1 - Voidable preferences and liens.
Section 59A-41-43.2 - Liability for participation in fraudulent transfer or voidable preference.
Section 59A-41-43.3 - Claims of holders of void or voidable rights.
Section 59A-41-44 - Priorities in distribution.
Section 59A-41-45.1 - Recovery from affiliates.
Section 59A-41-46 - Report for assessment; domestic mutual, reciprocal insurers.
Section 59A-41-47 - Levy of assessment; domestic mutual, reciprocal insurers.
Section 59A-41-48 - Order for payment of assessment; domestic mutual, reciprocal insurers.
Section 59A-41-49 - Assessment order, publication and transmittal.
Section 59A-41-50 - Judgment upon the assessment.
Section 59A-41-51 - Summary proceedings; superintendent's corrective orders authorized.
Section 59A-41-52 - Summary proceedings; appeal from superintendent's order.
Section 59A-41-53 - Summary proceedings; enforcement; penalty.
Section 59A-41-54 - Summary proceedings; seizure under court order.
Section 59A-41-55 - Summary proceedings; seizure under superintendent's order.
Section 59A-41-56 - Summary proceedings; conduct of administrative and judicial hearings.
Section 59A-41-57 - Summary proceedings; penalty for refusal to deliver property, records.