Ancillary conservation of foreign insurers.

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  • (1) The commissioner may initiate an action against a foreign insurer pursuant to Section 31A-27a-201 on any of the grounds stated in that section or on the basis that:
    • (a) any of the foreign insurer's property is sequestered, garnished, or seized by official action in its domiciliary state or in any other state;
    • (b)
      • (i) the foreign insurer's certificate of authority to do business in this state is revoked or a certificate of authority is never issued; and
      • (ii) there is a resident of this state with an unpaid claim or in-force policy; or
    • (c) it is necessary to enforce a stay under Chapter 28, Guaranty Associations.
  • (2) If a domiciliary receiver is appointed, the commissioner may initiate an action against a foreign insurer under this section only with the consent of the domiciliary receiver.
  • (3)
    • (a) An order entered pursuant to this section shall appoint the commissioner as conservator.
    • (b) The conservator's title to assets shall be limited to the insurer's property and records located in this state.
  • (4)
    • (a) Notwithstanding Subsection 31A-27a-201(3), the conservator shall hold and conserve the assets located in this state until:
      • (i) the commissioner in the insurer's domiciliary state appoints its receiver; or
      • (ii) an order terminating conservation is entered under Subsection (7).
    • (b) Once a domiciliary receiver is appointed, the conservator shall turn over to the domiciliary receiver all property subject to an order under this section.
  • (5) The conservator may liquidate the property of the insurer that may be necessary to cover the costs incurred in the initiation or administration of a proceeding under this section.
  • (6)
    • (a) The court in which an action under this section is pending may issue a finding of insolvency or an ancillary liquidation order.
    • (b) An ancillary liquidation order shall be entered for the limited purposes of:
      • (i) liquidating assets in this state to pay costs under Subsection (5); or
      • (ii) activating applicable guaranty associations in this state to pay valid claims that are not being paid by the insurer.
  • (7) The conservator may at any time petition the receivership court for an order terminating an order entered under this section.




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