§ 7093. Domiciliary liquidators in other states
(a) The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under subsection 7094(c) of this title, be vested by operation of law with the title to all of the assets, property, contracts, and rights of action, agents’ balances, and all of the books, accounts, and other records of the insurer located in this State. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this State. He or she also shall have the right to recover all other assets of the insurer located in this State, subject to section 7094 of this title.
(b) If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the Commissioner of this State shall be vested by operation of law with the title to all of the property, contracts, and rights of action, and all of the books, accounts, and other records of the insurer located in this State, at the same time that the domiciliary liquidator is vested with title in the domicile. The Commissioner of this State may petition for a conservation or liquidation order under section 7091 or 7092 of this title, or for an ancillary receivership under section 7094 of this title, or after approval by the Superior Court of Washington County may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require.
(c) Claimants residing in this State may file claims with the liquidator or ancillary receiver, if any, in this State or with the domiciliary liquidator, if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings. (Added 1991, No. 45, § 2, eff. May 29, 1991.)
Structure Vermont Statutes
Title 8 - Banking and Insurance
Chapter 145 - Supervision, Rehabilitation, and Liquidation of Insurers
§ 7032. Jurisdiction and venue
§ 7033. Injunctions and orders
§ 7034. Cooperation of officers, owners, and employees
§ 7035. Continuation of delinquency proceedings
§ 7036. Condition on release from delinquency proceedings
§ 7041. Commissioner’s summary orders and supervision proceedings
§ 7043. Confidentiality of hearings
§ 7051. Grounds for rehabilitation
§ 7053. Powers and duties of the rehabilitator
§ 7054. Actions by and against rehabilitator
§ 7055. Termination of rehabilitation
§ 7056. Grounds for liquidation
§ 7058. Continuance of coverage
§ 7059. Dissolution of insurer
§ 7061. Notice to creditors and others
§ 7063. Actions by and against liquidator
§ 7064. Collection and list of assets
§ 7065. Fraudulent transfers prior to petition
§ 7066. Fraudulent transfer after petition
§ 7067. Voidable preferences and liens
§ 7068. Claims of holders of void or voidable rights
§ 7072. Recovery of premiums owed
§ 7073. Domiciliary liquidator’s proposal to distribute assets
§ 7077. Special provisions for third party claims
§ 7080. Secured creditor’s claims
§ 7081. Priority of distribution
§ 7082. Liquidator’s recommendations to the Court
§ 7083. Distribution of assets
§ 7084. Unclaimed and withheld funds
§ 7085. Termination of proceedings
§ 7087. Disposition of records during and after termination of liquidation
§ 7088. External audit of the receiver’s books
§ 7091. Conservation of property of foreign or alien insurers found in this State
§ 7092. Liquidation of property of foreign or alien insurers found in this State
§ 7093. Domiciliary liquidators in other states
§ 7094. Ancillary formal proceedings
§ 7095. Ancillary summary proceedings
§ 7096. Claims of nonresidents against insurers domiciled in this State
§ 7097. Claims of residents against insurers domiciled in reciprocal states