58-30-210. Claims of surety.
Whenever a creditor, whose claim against an insurer is secured in whole or in part by the undertaking of another person, fails to prove and file that claim, the other person may do so in the creditor's name and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person. As used in this section, "other person" does not mean a guaranty association or foreign guaranty association. (1989, c. 452, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 30 - Insurers Supervision, Rehabilitation, and Liquidation.
§ 58-30-1 - Construction and purpose.
§ 58-30-12 - Duty to report insurer impairment; violations; penalties.
§ 58-30-15 - Jurisdiction and venue.
§ 58-30-20 - Injunctions and orders.
§ 58-30-22 - Powers of Commissioner and receiver to examine or audit books or records.
§ 58-30-25 - Cooperation of officers, owners and employees.
§ 58-30-35 - Executory contracts and unexpired leases.
§ 58-30-40 - Turnover of property by a custodian.
§ 58-30-50 - Continuation of delinquency proceedings.
§ 58-30-55 - Condition on release from delinquency proceedings.
§ 58-30-60 - Commissioner's summary orders and supervision proceedings.
§ 58-30-62 - Administrative supervision of insurers.
§ 58-30-65 - Court's seizure order.
§ 58-30-70 - Confidentiality of hearings.
§ 58-30-71 - Immunity and indemnification of the receiver and employees.
§ 58-30-75 - Grounds for rehabilitation.
§ 58-30-80 - Rehabilitation orders.
§ 58-30-85 - Powers and duties of the rehabilitator.
§ 58-30-90 - Actions by and against rehabilitator.
§ 58-30-95 - Termination of rehabilitation.
§ 58-30-100 - Grounds for liquidation.
§ 58-30-105 - Liquidation orders.
§ 58-30-110 - Continuance of coverage.
§ 58-30-115 - Dissolution of insurer.
§ 58-30-120 - Powers of liquidator.
§ 58-30-125 - Notice to creditors and others.
§ 58-30-127 - Duties of agents.
§ 58-30-130 - Actions by and against liquidator.
§ 58-30-135 - Collection and list of assets.
§ 58-30-140 - Fraudulent transfers prior to petition.
§ 58-30-145 - Fraudulent transfer after petition.
§ 58-30-147 - Voidable transfers for federal home loan banks.
§ 58-30-150 - Voidable preferences and liens.
§ 58-30-155 - Claims of holders of void or voidable rights.
§ 58-30-170 - Reinsurer's liability.
§ 58-30-175 - Recovery of premiums owed.
§ 58-30-180 - Domiciliary liquidator's proposal to distribute assets.
§ 58-30-185 - Filing of claims.
§ 58-30-200 - Special provisions for third party claims.
§ 58-30-205 - Disputed claims.
§ 58-30-210 - Claims of surety.
§ 58-30-215 - Secured creditor's claims.
§ 58-30-220 - Priority of distribution.
§ 58-30-225 - Liquidator's recommendations to the Court.
§ 58-30-230 - Distribution of assets.
§ 58-30-235 - Unclaimed and withheld funds.
§ 58-30-240 - Termination of proceedings.
§ 58-30-245 - Reopening liquidation.
§ 58-30-250 - Disposition of records during and after termination of liquidation.
§ 58-30-255 - External audit of the receiver's books.
§ 58-30-260 - Conservation of property of foreign or alien insurers found in this State.
§ 58-30-265 - Liquidation of property of foreign or alien insurers found in this State.
§ 58-30-270 - Domiciliary liquidators in other states.
§ 58-30-275 - Ancillary formal proceedings.
§ 58-30-280 - Ancillary summary proceedings.
§ 58-30-285 - Claims of nonresidents against insurers domiciled in this State.
§ 58-30-290 - Claims of residents against insurers domiciled in reciprocal states.
§ 58-30-295 - Attachment, garnishment and levy of execution.
§ 58-30-300 - Interstate priorities.