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304.33-120 Court's seizure order.
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(2)
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Issuance. Upon the filing by the commissioner in any Circuit Court in this state of a
verified petition alleging any ground that would justify a court order for a formal
delinquency proceeding against an insurer under this subtitle and that the interests
of policyholders or creditors will be endangered by delay, and setting out the order
deemed necessary by the commissioner, the court may issue forthwith, ex parte and
without a hearing, the requested order which may (a) direct the commissioner to
take possession and control of all or a part of the property, books, accounts,
documents, and other records of an insurer and of the premises occupied by it for
the transaction of its business, and (b) until further order of the court, enjoin the
insurer and its officers, managers, agents, and employees from disposition of its
property and from transaction of its business except with the written consent of the
commissioner.
Duration. The court shall specify in the order what its duration shall be, which shall
be such time as the court deems necessary for the commissioner to ascertain the
condition of the insurer. On motion of either party or on its own motion, the court
may hold such hearings as it deems desirable after such notice as it deems
appropriate, and may extend, shorten or modify the terms of the seizure order. The
court shall vacate the seizure order if the commissioner fails to commence a formal
proceeding under this subtitle after having had a reasonable opportunity to do so.
The issuance of an order of the court pursuant to a formal proceeding under this
subtitle vacates the seizure order.
Anticipatory breach. Entry of a seizure order under this section shall not constitute
an anticipatory breach of any contract of the insurer.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1437, effective July 15, 2010. -- Created
1970 Ky. Acts ch. 301, subtit. 33, sec. 12, effective June 18, 1970.
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