Claims against insured nonprofit water company after dissolution, procedure.

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Effective - 28 Aug 1999

393.954. Claims against insured nonprofit water company after dissolution, procedure. — 1. Notwithstanding any other provision of law to the contrary, except as provided in subsection 2 of this section, a claim against a nonprofit water company dissolved pursuant to sections 393.900 to 393.951 for which the nonprofit water company has a contract of insurance which will indemnify such corporation for any adverse result from such claim:

(1) Is not barred by the dissolution of such nonprofit water company;

(2) May be asserted at any time within the statutory period otherwise authorized provided by law for such claims;

(3) May be asserted against the dissolved or dissolving nonprofit water company, with service to be made upon the officer who signed the articles of dissolution, and, at the request of the party bringing the suit, the court shall appoint a defendant ad litem.

2. Judgments obtained in suits filed and prosecuted pursuant to this section shall only be enforceable against one or more contracts of insurance issued to the corporation, its officers, directors, agents, servants or employees, indemnifying them, or any of them, against such claims.

3. Suits against nonprofit water companies shall be brought either in the county in which the cause of action accrued or in any county in which the nonprofit water company has or prior to dissolution had an office for the transaction of business.

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(L. 1999 S.B. 160 & 82 § 19)


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