§ 27-14.3-60. Claims of residents against insurers domiciled in reciprocal states.
(a) Promptly after the appointment of the commissioner as ancillary receiver for an insurer not domiciled in this state, the commissioner shall determine whether there are claimants residing in this state who are not protected by guaranty funds, and if so, whether the protection of those claimants requires the establishing of a claim filing procedure in the ancillary proceeding. If a claim filing procedure is established, claimants against the insurer who reside within this state may file claims with either the ancillary receiver, if any, in this state, or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.
(b) Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state, or in ancillary proceedings, if any, in this state, provided a claim filing procedure is established in the ancillary proceeding. If a claimant elects to prove his or her claim in this state, he or she shall file his or her claim with the liquidator in the manner provided in §§ 27-14.3- 39 and 27-14.3-40. The ancillary receiver shall make his or her recommendation to the court as under § 27-14.3-47. He or she shall also arrange a date for a hearing if necessary under § 27-14.3-43 and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service, at least forty (40) days prior to the date set for the hearing. If the domiciliary liquidator, within thirty (30) days after the giving of the notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of his or her intention to contest the claim, he or she shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.
(c) The final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.
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.