645.81 Conservation of property of foreign or alien insurers found in this state.
(1) Grounds for petition. If a domiciliary liquidator has not been appointed, the commissioner may apply to the circuit court for Dane County by verified petition for an order directing him or her 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:
(a) Any of the grounds in s. 645.31;
(b) Any of the grounds in s. 645.41;
(c) That any of its property has been sequestered by official action in its domiciliary state, or in any other state;
(d) 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;
(e) That its certificate of authority to do business in this state has been revoked or that none was ever issued, and that there are residents of this state with outstanding claims or outstanding policies.
(2) Terms of order. The court may issue the order in whatever terms it considers appropriate. The recording of the order with any register of deeds in this state imparts the same notice as a deed, bill of sale or other evidence of title recorded with that register of deeds.
(3) Transformation to liquidation or ancillary receivership. The conservator may at any time petition for and the court may grant an order under s. 645.82 to liquidate the assets of a foreign or alien insurer under conservation or, if appropriate, for an order under s. 645.84 to be appointed ancillary receiver.
(4) Order to return to company. The conservator may at any time petition the court for an order terminating 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 such finding and issue such order at any time upon its own motion.
History: 1979 c. 102 s. 236 (20); 1993 a. 301; 1995 a. 225.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 645 - Insurers rehabilitation and liquidation.
645.01 - Short title, construction and purpose.
645.035 - Bankruptcy petition is prohibited.
645.04 - Jurisdiction and venue.
645.05 - Injunctions and orders.
645.06 - Costs and expenses of litigation.
645.07 - Cooperation of officers and employees.
645.09 - Commissioner's reports.
645.10 - Continuation of delinquency proceedings.
645.11 - Effect of amendments of this chapter.
645.21 - Commissioner's summary orders.
645.22 - Court's seizure order.
645.23 - Commissioner's seizure order.
645.24 - Conduct of hearings in summary proceedings.
645.31 - Grounds for rehabilitation.
645.32 - Rehabilitation orders.
645.33 - Powers and duties of the rehabilitator.
645.34 - Actions by and against rehabilitator.
645.35 - Termination of rehabilitation.
645.41 - Grounds for liquidation.
645.43 - Continuance of coverage.
645.44 - Dissolution of insurer.
645.45 - Federal receivership.
645.46 - Powers of liquidator.
645.47 - Notice to creditors and others.
645.49 - Actions by and against liquidator.
645.51 - Collection and list of assets.
645.52 - Fraudulent transfers prior to petition.
645.53 - Fraudulent transfers after petition.
645.54 - Voidable preferences and liens.
645.55 - Claims of holders of void or voidable rights.
645.56 - Setoffs and counterclaims.
645.58 - Reinsurer's liability; arbitration clauses.
645.59 - Uncollected, unearned premiums.
645.60 - Applicability of claims settlement provisions to loss claims.
645.64 - Special provisions for 3rd-party claims.
645.67 - Secured creditors' claims.
645.675 - Qualified financial contracts.
645.68 - Order of distribution.
645.69 - Claims for certain health care costs.
645.71 - Liquidator's recommendations to the court.
645.72 - Distribution of assets.
645.73 - Unclaimed and withheld funds.
645.74 - Termination of proceedings.
645.75 - Reopening liquidation.
645.76 - Disposition of records during and after termination of liquidation.
645.77 - External audit of receiver's books.
645.81 - Conservation of property of foreign or alien insurers found in this state.
645.82 - Liquidation of property of foreign or alien insurers found in this state.
645.83 - Foreign domiciliary receivers in other states.
645.84 - Ancillary formal proceedings.
645.85 - Ancillary summary proceedings.
645.86 - Claims of nonresidents against insurers domiciled in this state.
645.87 - Claims of residents against insurers domiciled in reciprocal states.
645.88 - Attachment, garnishment and levy of execution.