Rhode Island General Laws
Chapter 27-14.3 - Insurers’ Rehabilitation and Liquidation Act
Section 27-14.3-26. - Notice to creditors and others.

§ 27-14.3-26. Notice to creditors and others.
(a) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible:
(1) By first class mail and either by facsimile or telegraph to the insurance commissioner of each jurisdiction in which the insurer is doing business;
(2) By first class mail to any guaranty association or foreign guaranty association which is or may become obligated as a result of the liquidation;
(3) By first class mail to all insurance agents or insurance producers of the insurer;
(4) By first class mail to all persons known or reasonably expected to have claims against the insurer including all policyholders, at their last known address as indicated by the records of the insurer;
(5) By first class mail to federal, state, and local governmental agencies and instrumentalities as their interests may arise; and
(6) By publication in a newspaper of general circulation in the state in which the insurer has its principal place of business and in those other locations that the liquidator deems appropriate.
(b) Except as established by the liquidator with the approval of the court, notice to potential claimants under subsection (a) of this section shall require claimants to file with the liquidator their claims together with proper proofs of their claims under § 27-14.3-40, on or before a date the liquidator shall specify in the notice. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address.
(c)(1) Notice under subsection (a) of this section to agents or insurance producers of the insurer and to potential claimants who are policyholders shall include, where applicable, notice that coverage by state guaranty associations may be available for all or part of policy benefits in accordance with applicable state guaranty laws.
(2) The liquidator shall promptly provide to the guaranty associations any information concerning the identities and addresses of the policyholders and their policy coverages as may be within the liquidator’s possession or control, and cooperate with guaranty associations to assist them in providing to the policyholders timely notice of the guaranty associations’ coverage of policy benefits, including, as applicable, coverage of claims and continuation termination of coverage.
(d) If notice is given in accordance with this section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice.
History of Section.P.L. 1993, ch. 248, § 1.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 27 - Insurance

Chapter 27-14.3 - Insurers’ Rehabilitation and Liquidation Act

Section 27-14.3-1. - Short title — Construction — Purpose.

Section 27-14.3-2. - Applicability.

Section 27-14.3-3. - Definitions.

Section 27-14.3-4. - Jurisdiction and venue.

Section 27-14.3-5. - Injunctions and orders.

Section 27-14.3-6. - Cooperation of officers, owners, and employees.

Section 27-14.3-7. - Repealed.

Section 27-14.3-8. - Condition on release from delinquency proceedings.

Section 27-14.3-9. - Immunity and indemnification of the receiver and employees.

Section 27-14.3-10. - Court’s seizure order.

Section 27-14.3-11. - Commencement of formal delinquency proceeding.

Section 27-14.3-12. - Return of summons and summary hearing.

Section 27-14.3-13. - Proceedings for expedited trial — Continuances, discovery, and evidence.

Section 27-14.3-14. - Decision and appeals.

Section 27-14.3-15. - Confidentiality of hearings.

Section 27-14.3-16. - Grounds for rehabilitation.

Section 27-14.3-17. - Rehabilitation order.

Section 27-14.3-18. - Powers and duties of rehabilitator.

Section 27-14.3-19. - Actions by and against rehabilitator.

Section 27-14.3-20. - Termination of rehabilitation.

Section 27-14.3-21. - Grounds for liquidation.

Section 27-14.3-22. - Liquidation orders.

Section 27-14.3-22.1. - Grounds for rehabilitation or liquidation of a domestic company that is a covered financial company under Dodd-Frank Wall Street Reform and Consumer Protection Act.

Section 27-14.3-23. - Continuance of coverage.

Section 27-14.3-24. - Dissolution of insurer.

Section 27-14.3-25. - Powers of liquidator.

Section 27-14.3-26. - Notice to creditors and others.

Section 27-14.3-27. - Duties of agents or insurance producers.

Section 27-14.3-28. - Actions by and against liquidator.

Section 27-14.3-29. - Collection and list of assets.

Section 27-14.3-30. - Fraudulent transfers prior to petition.

Section 27-14.3-31. - Fraudulent transfer after petition.

Section 27-14.3-32. - Voidable preferences and liens.

Section 27-14.3-33. - Claims of holders of void or voidable rights.

Section 27-14.3-34. - Setoffs.

Section 27-14.3-35. - Assessments.

Section 27-14.3-36. - Reinsurer’s liability.

Section 27-14.3-37. - Recovery of premiums owed.

Section 27-14.3-38. - Domiciliary liquidator’s proposal to distribute assets.

Section 27-14.3-39. - Filing of claims.

Section 27-14.3-40. - Proof of claim.

Section 27-14.3-41. - Special claims.

Section 27-14.3-42. - Special provisions for third party claims.

Section 27-14.3-43. - Disputed claims.

Section 27-14.3-44. - Claims of surety.

Section 27-14.3-45. - Secured creditor’s claims.

Section 27-14.3-46. - Priority of distribution.

Section 27-14.3-46.1. - Insurer assessments.

Section 27-14.3-47. - Liquidator’s recommendations to the court.

Section 27-14.3-48. - Distribution of assets.

Section 27-14.3-49. - Unclaimed and withheld funds.

Section 27-14.3-50. - Termination of proceedings.

Section 27-14.3-51. - Reopening liquidation.

Section 27-14.3-52. - Disposition of records during and after termination of liquidation.

Section 27-14.3-53. - External audit of receiver’s books.

Section 27-14.3-54. - Conservation of property of foreign or alien insurers found in this state.

Section 27-14.3-55. - Liquidation of property of foreign or alien insurers found in this state.

Section 27-14.3-56. - Domiciliary liquidators in other states.

Section 27-14.3-57. - Ancillary formal proceedings.

Section 27-14.3-58. - Ancillary summary proceedings.

Section 27-14.3-59. - Claims of nonresidents against insurers domiciled in this state.

Section 27-14.3-60. - Claims of residents against insurers domiciled in reciprocal states.

Section 27-14.3-61. - Attachment, garnishment and levy of execution.

Section 27-14.3-62. - Interstate priorities.

Section 27-14.3-63. - Subordination of claims for noncooperation.

Section 27-14.3-64. - Severability.

Section 27-14.3-65. - Rules and regulations.