§ 7099. Interstate priorities
(a) In a liquidation proceeding in this State involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where such assets are located.
(b) The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.
(c) The owner of a secured claim against an insurer for which a liquidator has been appointed in this or any other state may surrender his or her security and file a claim as a general creditor, or the claim may be discharged by resort to the security in accordance with section 7080 of this title, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors. (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