(1) sell or otherwise dispose of all or any part of the real and
personal property of an insurer against whom a proceeding has been
brought under this article, and
(2) sell or compound all doubtful or uncollectible debts or claims
owed by or to such insurer including claims based upon an assessment
levied against a member of a mutual insurer.
(b) If the amount of any such real or personal property owned by, or
debt or claim owed by or to, such insurer does not exceed twenty-five
thousand dollars, then the superintendent may sell or dispose of all or
any part of the real or personal property, or compromise or compound the
debt or claim, upon such terms as the superintendent may deem for the
best interests of such insurer without obtaining the approval of the
court.
(c) The superintendent may, subject to the approval of the court,
sell, or agree to sell, or offer to sell, any assets of such an insurer
to such of its creditors who may desire to participate in the purchase,
to be paid for in whole or in part out of dividends payable to such
creditors.
(d) Upon application of the superintendent, the court may designate
representatives to act for such creditors in the purchase, holding
and/or management of such assets, and the superintendent may, subject to
the approval of the court, advance the expenses of such representatives
against the security of the claims of such creditors.
Structure New York Laws
Article 74 - Rehabilitation, Liquidation, Conservation and Dissolution of Insurers
7401 - Application of Article; Definitions.
7402 - Grounds for Rehabilitation of Domestic Insurer.
7404 - Grounds for Liquidation.
7405 - Order of Liquidation; Rights and Liabilities.
7406 - Grounds for Conservation of Assets of Foreign or Alien Insurer.
7407 - Order of Conservation or Ancillary Liquidation of a Foreign or Alien Insurer.
7408 - Uniform Insurers Liquidation Act; Title; Definitions.
7409 - Conduct of Delinquency Proceedings Against Insurers Domiciled in This State.
7410 - Conduct of Delinquency Proceedings Against Insurers Not Domiciled in This State.
7413 - Priority of Preferred Claims, Special Deposit Claims and Secured Claims.
7414 - Attachment and Garnishment of Assets.
7415 - Uniformity of Interpretation.
7416 - Grounds for Dissolution of Domestic Insurer.
7417 - Commencement of a Proceeding.
7418 - Service of Order to Show Cause.
7421 - Removal of Proceedings.
7422 - Appointment of Deputies; Employment of Assistants.
7423 - Exemption From Filing Fees.
7424 - Deposit of Monies Collected; Preference.
7428 - Disposition of Assets and Compromise of Claims.
7429 - Borrowing on the Pledge of Assets.
7430 - Levy of Assessments; Determination of Liability of Members.
7431 - Determination of Liability of Members for Other Indebtedness.
7432 - Adjudication of Insolvency of Insurer; Time to File Claims.
7433 - Proof and Allowance of Claims.
7433-A - Loan to Workers' Compensation Security Fund.
7434 - Distribution of Assets.
7435 - Distribution for Life Insurers.