Title 33, Chapter 37, Section 29
( 33-37-29)
(a) In all cases of mutual debts or mutual credits between the
insurer and another person in connection with any action or
proceeding under this chapter, such credits and debts shall be set
off and the balance only shall be allowed or paid, except as
provided in subsection (b) of this Code section. (b) No setoff shall be allowed in favor of any person where: (1) The obligation of the insurer to the person would not, at the date of the entry of any liquidation order or otherwise, as provided in Code Section 33-37-17, entitle him to share as a claimant in the assets of the insurer; (2) The obligation of the insurer to the person was purchased by
or transferred to the person with a view of its being used as a
setoff; or (3) The obligation of the person is to pay an assessment levied
against the members of a mutual insurer or against the subscribers
of a reciprocal insurer or is to pay a balance upon the
subscription to the capital stock of a stock insurer. |