Title 33, Chapter 37, Section 21
( 33-37-21)
(a) Unless the court otherwise directs, the liquidator shall give or
cause to be given notice of the liquidation order as soon as
possible: (1) By first-class mail and either by telegram or telephone to the
commissioner of insurance of each jurisdiction in which the
insurer is doing business; (2) By first-class mail to any guaranty association or foreign
guaranty association which is or may become obligated as a result
of the liquidation; (3) By first-class mail to all insurance agents of the insurer; (4) By first-class mail to all persons known or reasonably
expected to have claims against the insurer, including all
policyholders, at their last known address as indicated by the
records of the insurer; and (5) By publication in a newspaper of general circulation in the
county in which the insurer has its principal place of business
and in such other locations as the liquidator deems appropriate. (b) Notice to potential claimants under subsection (a) of this Code section shall require claimants to file with the liquidator their claims together with proper proofs thereof under Code Section 33-37-35, on or before a date the liquidator shall specify in the notice. Although an earlier date may be set by the liquidator, the last day to file claims shall be no later than 18 months following the order of liquidation. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address. (c)(1) Notice under subsection (a) of this Code section to agents
of the insurer and to potential claimants who are policyholders
shall include, where applicable, notice that coverage by state
guaranty associations may be available for all or part of policy
benefits in accordance with applicable state guaranty laws. (2) The liquidator shall promptly provide to the guaranty
associations such information concerning the identities and
addresses of such policyholders and their policy coverages as may
be within the liquidator's possession or control and otherwise
cooperate with guaranty associations to assist them in providing
to such policyholders timely notice of the guaranty associations'
coverage of policy benefits, including, as applicable, coverage of
claims and continuation or termination of coverages. (d) If notice is given in accordance with this Code section, the
distribution of assets of the insurer under this chapter shall be
conclusive with respect to all claimants, whether or not they
received notice. |