§ 27-14.3-54. 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 superior court for the county of Providence by verified petition for an order directing him or her 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 § 27-14.3-16;
(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 a foreign country to give reasonable cause to fear that the insurer is or may become insolvent; and/or
(4)(i) That its certificate of authority to do business in this state has been revoked or that none was ever issued, and
(ii) 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 notice and time to respond to it 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 superior court for the county of Providence or the recorder of deeds of the city or town 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 recorder of deeds would have imparted.
(d) The conservator may at any time petition for, and the court may grant, an order under § 27-14.3-55 to liquidate the assets of a foreign or alien insurer under conservation, or, if appropriate, for an order under § 27-14.3-57, to be appointed ancillary receiver.
(e) The conservator may at any time petition the court for an order terminating the 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 the finding and issue the order at any time upon the motion of any interested party, but if the motion is denied, all costs shall be assessed against the party.
History of Section.P.L. 1993, ch. 248, § 1.
Structure Rhode Island General Laws
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 27-14.3-23. - 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.