LegalFix

Section 401 - Liquidation orders.

UT Code § 31A-27a-401 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) An order to liquidate the business of an insurer shall: (i) appoint the commissioner and any successor in office as the liquidator; and (ii) direct the liquidator to: (A) take possession of the property of the insurer; and (B) administer the property subject to this chapter. (b) As of the entry of the final order of liquidation, the liquidator is vested by operation of law with the title to the following, wherever located, of the insurer ordered liquidated: (i) all property; (ii) all contracts; (iii) all rights of action; and (iv) all records.

(a) An order to liquidate the business of an insurer shall: (i) appoint the commissioner and any successor in office as the liquidator; and (ii) direct the liquidator to: (A) take possession of the property of the insurer; and (B) administer the property subject to this chapter.

(i) appoint the commissioner and any successor in office as the liquidator; and

(ii) direct the liquidator to: (A) take possession of the property of the insurer; and (B) administer the property subject to this chapter.

(A) take possession of the property of the insurer; and

(B) administer the property subject to this chapter.

(b) As of the entry of the final order of liquidation, the liquidator is vested by operation of law with the title to the following, wherever located, of the insurer ordered liquidated: (i) all property; (ii) all contracts; (iii) all rights of action; and (iv) all records.

(i) all property;

(ii) all contracts;

(iii) all rights of action; and

(iv) all records.

(2) Upon issuance of the order of liquidation, the rights and liabilities of the insurer and of its creditors, policyholders, shareholders, members, and all other persons interested in its estate shall become fixed as of the day on which the order of liquidation is entered: (a) except as provided in Sections 31A-27a-402, 31A-27a-403, and 31A-27a-605; and (b) unless otherwise fixed by the liquidation court.

(a) except as provided in Sections 31A-27a-402, 31A-27a-403, and 31A-27a-605; and

(b) unless otherwise fixed by the liquidation court.

(3) An order to liquidate the business of an alien insurer in this state shall be in the same terms and have the same legal effect as an order to liquidate a domestic insurer.

(4) (a) Whenever applicable, a petition for liquidation should include a request for a judicial declaration or finding of insolvency. (b) After providing proper notice and hearing, the receivership court may at any time make the declaration of insolvency.

(a) Whenever applicable, a petition for liquidation should include a request for a judicial declaration or finding of insolvency.

(b) After providing proper notice and hearing, the receivership court may at any time make the declaration of insolvency.

(5) If an order of liquidation is set aside upon appeal, the insurer is not released from delinquency proceedings except in accordance with Section 31A-27a-801.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 401 - Liquidation orders.