North Carolina General Statutes
Article 30 - Insurers Supervision, Rehabilitation, and Liquidation.
§ 58-30-260 - Conservation of property of foreign or alien insurers found in this State.

58-30-260. Conservation of property of foreign or alien insurers found in this State.
(a) If a domiciliary liquidator has not been appointed, the Commissioner may apply to the Court by verified petition for an order directing him to act as conservator to conserve the property of an alien insurer not domiciled in this State or a foreign insurer on any one or more of the following grounds:
(1) Any of the grounds in G.S. 58-30-75;
(2) That any of its property has been sequestered by official action in its domiciliary state, or in any other state;
(3) That enough of its property has been sequestered in an alien country to give reasonable cause to fear that the insurer is or may become insolvent;
(4) That its license to do business in this State has been revoked or that none was ever issued; and that there are residents of this State with outstanding claims or outstanding policies.
(b) When an order is sought under subsection (a) of this section, the Court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.
(c) The Court may issue the order in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of court or the register of deeds of the county in which the principal business of the company is located, shall impart the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that register of deeds would have imparted.
(d) The conservator may at any time petition for and the Court may grant an order under G.S. 58-30-265 to liquidate assets of a foreign or alien insurer under conservation, or, if appropriate, for an order under G.S. 58-30-275, to be appointed ancillary receiver.
(e) The conservator may at any time petition the Court for an order terminating conservation of an insurer. If the Court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The Court may also make such finding and issue such order at any time upon motion of any interested party, but if such motion is denied all costs shall be assessed against such party. (1989, c. 452, s. 1; 1999-132, s. 9.1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 58 - Insurance

Article 30 - Insurers Supervision, Rehabilitation, and Liquidation.

§ 58-30-1 - Construction and purpose.

§ 58-30-5 - Persons covered.

§ 58-30-10 - Definitions.

§ 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.

§ 58-30-30 - Bonds.

§ 58-30-35 - Executory contracts and unexpired leases.

§ 58-30-40 - Turnover of property by a custodian.

§ 58-30-45 - Utility service.

§ 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.

§ 58-30-160 - Setoffs.

§ 58-30-165 - Assessments.

§ 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.

§ 58-30-190 - Proof of claim.

§ 58-30-195 - Special 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.

§ 58-30-305 - Subordination of claims for noncooperation.

§ 58-30-310 - Exemption from filing fees.