Title 33, Chapter 36, Section 11
( 33-36-11)
(a) Except for (1) voluntary settlements or compromises between a claimant and an assignee-insurer on behalf of the pool or (2) a final judgment, other than a default judgment, against the insured or insurer in a court of competent jurisdiction rendered prior to the determination of insolvency of the insurer, the proof and allowance of a covered claim shall be governed by Code Sections 33-37-54 and 33-37-55; provided, however, in no case shall a covered claim include any claim filed with the pool, ancillary receiver, or liquidator after the final date set by a court for the filing of claims against the liquidator or ancillary receiver of an insolvent insurer. (b) The pool may not be found in default. No default judgments may
be entered against the pool, the insolvent insurer, or the insured
of the insolvent insurer after the instigation of an insolvency
proceeding prior to a finding of insolvency, nor during the pendency
of insolvency proceedings, nor during a 120 day stay following a
finding of insolvency. (c) In no instance may a finding of default or the entry of a
default judgment against an insurer be applicable or enforceable
against the pool or the insured of the insolvent insurer. |