2005 Idaho Code - 41-3356 — CLAIMS OF RESIDENTS AGAINST INSURERS DOMICILED IN RECIPROCAL STATES

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 33
                            INSURERS SUPERVISION,
                        REHABILITATION AND LIQUIDATION
    41-3356.  CLAIMS OF RESIDENTS AGAINST INSURERS DOMICILED IN RECIPROCAL
STATES. (1) In a liquidation proceeding in a reciprocal state against an
insurer domiciled in that state, claimants against the insurer who reside
within this state may file claims either with the ancillary receiver, if any,
in this state, or with the domiciliary liquidator. Claims must be filed on or
before the last dates fixed for the filing of claims in the domiciliary
liquidation proceeding.
    (2)  Claims belonging to claimants residing in this state may be proved
either in the domiciliary state under the law of that state, or in ancillary
proceedings, if any, in this state. If a claimant elects to prove his claim in
this state, he shall file his claim with the liquidator in the manner provided
in sections 41-3335 and 41-3336, Idaho Code. The ancillary receiver shall make
his recommendation to the court as under section 41-3343, Idaho Code. He shall
also arrange a date for hearing if necessary under section 41-3339, Idaho
Code, and shall give notice to the liquidator in the domiciliary state, either
by certified mail or by personal service at least forty (40) days prior to the
date set for hearing. If the domiciliary liquidator, within thirty (30) days
after the giving of such notice, gives notice in writing to the ancillary
receiver and to the claimant, either by certified mail or by personal service,
of his intention to contest the claim, he shall be entitled to appear or to be
represented in any proceeding in this state involving the adjudication of the
claim.
    (3)  The final allowance of the claim by the courts of this state shall be
accepted as conclusive as to amount and as to priority against special
deposits or other security located in this state.