58-30-285. Claims of nonresidents against insurers domiciled in this State.
(a) In a liquidation proceeding begun in this State against an insurer domiciled in this State, claimants residing in foreign countries or in states not reciprocal states must file claims in this State, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.
(b) Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this State as provided in this Article, or in ancillary proceedings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this State as provided in G.S. 58-30-290(b) with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities against general assets under G.S. 58-30-220. (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.