Title 33, Chapter 12, Section 11
( 33-12-11)
Whenever any loss insured against shall occur, the insured or other
person entitled to the proceeds of the policy, by judgment or
otherwise, in order to secure his recovery, may give notice to the
Commissioner of the occurrence of said loss and of the amount
claimed, after which notice the Commissioner shall be bound to
retain, subject to the order of a court of competent jurisdiction
trying any action that may be brought for the recovery of the loss
or any action which may be brought upon any judgment obtained in the
courts of another state or the courts of the United States on
account of the loss, a sufficient amount to pay the judgment in said
case in event of recovery; and, if the amount for which the
depositing insurer is liable shall not be paid within 30 days, said
plaintiff may file an application with the judge of the superior
court of the county where the case was tried for appointment of the
Commissioner as receiver to take charge of as many securities as
shall be necessary to satisfy the aforesaid judgment. |