Title 33, Chapter 37, Section 23
( 33-37-23)
(a) Upon issuance of an order appointing a liquidator of a domestic
insurer or of an alien insurer domiciled in this state, no action at
law or equity or in arbitration shall be brought against the insurer
or liquidator, whether in this state or elsewhere, nor shall any
such existing actions be maintained or further presented after
issuance of such order. The courts of this state shall give full
faith and credit to injunctions against the liquidator or the
company or the continuation of existing actions against the
liquidator or the company, when such injunctions are included in an
order to liquidate an insurer issued pursuant to corresponding
provisions in other states. Whenever, in the liquidator's judgment,
protection of the estate of the insurer necessitates intervention in
an action against the insurer that is pending outside this state, he
may intervene in the action. The liquidator may defend any action
in which he intervenes under this Code section at the expense of the
estate of the insurer. (b) The liquidator may, upon or after an order for liquidation,
within two years or such other longer time as applicable law may
permit, institute an action or proceeding on behalf of the estate of
the insurer upon any cause of action against which the period of
limitation fixed by applicable law has not expired at the time of
the filing of the petition upon which such order is entered. Where,
by any agreement, a period of limitation is fixed for instituting a
suit or proceeding upon any claim, or for filing any claim, proof of
claim, proof of loss, demand, notice, or the like or where in any
proceeding, judicial or otherwise, a period of limitation is fixed,
either in the proceeding or by applicable law, for taking any
action, filing any claim or pleading, or doing any act and where in
any such case the period had not expired at the date of the filing
of the petition, the liquidator may, for the benefit of the estate,
take any such action or do any such act required of or permitted to
the insurer within a period of 180 days subsequent to the entry of
an order for liquidation or within such further period as is shown
to the satisfaction of the court not to be unfairly prejudicial to
the other party. (c) No statute of limitation or defense of laches shall run with
respect to any action against an insurer between the filing of a
petition for liquidation against an insurer and the denial of the
petition. Any action against the insurer that might have been
commenced when the petition was filed may be commenced for at least
60 days after the petition is denied. (d) Any guaranty association or foreign guaranty association shall
have standing to appear in any court proceeding concerning the
liquidation of an insurer if such association is or may become
liable to act as a result of the liquidation. |