Wisconsin Statutes & Annotations
Chapter 645 - Insurers rehabilitation and liquidation.
645.82 - Liquidation 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.
(1) Grounds for petition. If no domiciliary receiver has been appointed, the commissioner may apply to the circuit court for Dane County by verified petition for an order directing the commissioner to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds:
(a) Any of the grounds in s. 645.31.
(b) Any of the grounds in s. 645.41.
(c) Any of the grounds in s. 645.81.
(2) Terms of order. If it appears to the court that the best interests of creditors, policyholders and the public so require, the court may issue an order to liquidate 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 filed or recorded with that register of deeds.
(3) Conversion to ancillary proceeding. If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall thereafter act as ancillary receiver under s. 645.84. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under s. 645.84.
(4) Federal receivership. On the same grounds as are specified in sub. (1), the commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction, or any lesser part thereof that the commissioner deems desirable for the protection of the policyholders and creditors in this state. The commissioner may accept appointment as federal receiver if another person files a petition.
History: 1979 c. 102 s. 236 (21); 1993 a. 301.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 645 - Insurers rehabilitation and liquidation.

645.01 - Short title, construction and purpose.

645.02 - Persons covered.

645.03 - Definitions.

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.

645.08 - Bonds; immunity.

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.

645.42 - Liquidation orders.

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.

645.48 - Duties of agents.

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.

645.57 - Assessments.

645.58 - Reinsurer's liability; arbitration clauses.

645.59 - Uncollected, unearned premiums.

645.60 - Applicability of claims settlement provisions to loss claims.

645.61 - Filing of claims.

645.62 - Proof of claim.

645.63 - Special claims.

645.64 - Special provisions for 3rd-party claims.

645.65 - Disputed claims.

645.66 - Claims of surety.

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.

645.89 - Interstate priorities.

645.90 - Subordination of claims for noncooperation.