Title 33, Chapter 37, Section 50
( 33-37-50)
(a) If no domiciliary receiver has been appointed, the Commissioner
may apply to the superior court by verified petition for an order
directing him to liquidate the assets found in this state of a
foreign insurer or an alien insurer not domiciled in this state, on
any of the following grounds: (1) Any of the grounds provided in Code Section 33-37-11 or 33-37-16; or (2) Any of the grounds specified in paragraphs (2) through (4) of subsection (a) of Code Section 33-37-49. (b) When an order is sought under subsection (a) of this Code
section, the court shall cause the insurer to be given such notice
and time to respond thereto as is reasonable under the
circumstances. (c) If it shall appear to the court that the best interests of
creditors, policyholders, and the public require, the court may
issue an order to liquidate in whatever terms it shall deem
appropriate. The filing or recording of the order with the clerk of
the superior court of the county in which the principal business of
the company is located or the county in which its principal office
or place of business is located shall impart the same notice as a
deed, bill of sale, or other evidence of title duly filed or
recorded with the clerk would have imparted. (d) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this Code section, the liquidator under this Code section shall thereafter act as ancillary receiver under Code Section 33-37-52. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this Code section, the liquidator under this Code section may petition the court for permission to act as ancillary receiver under Code Section 33-37-52. (e) On the same grounds as are specified in subsection (a) of this
Code section, the Commissioner may petition any appropriate federal
district court to be appointed receiver to liquidate that portion of
the insurer's assets and business over which the court will exercise
jurisdiction or any lesser part thereof that the Commissioner deems
desirable for the protection of the policyholders and creditors in
this state. (f) The court may order the Commissioner, when he has liquidated the
assets of a foreign or alien insurer under this Code section, to pay
claims of residents of this state against the insurer under such
rules as to the liquidation of insurers under this chapter as are
otherwise compatible with the provisions of this Code section. |