2023 Delaware Code
Title 18 - Insurance Code
Chapter 59. REHABILITATION AND LIQUIDATION
Subchapter I. General Provisions
§ 5904. Injunctions [For application of this section, see 79 Del. Laws, c. 207, § 3].

Universal Citation:
18 DE Code § 5904 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 5904. Injunctions [For application of this section, see 79 Del. Laws, c. 207, § 3].

(a) Upon application by the Commissioner for such an order to show cause, or at any time thereafter, the court may without notice issue an injunction restraining the insurer, its officers, directors, stockholders, members, subscribers, agents and all other persons from the transaction of its business or the waste or disposition of its property until the further order of the court.

(b) The court may at any time during a proceeding under this chapter issue such other injunctions or orders as may be deemed necessary to prevent interference with the Commissioner or the proceeding or waste of the assets of the insurer or the commencement or prosecution of any actions or the obtaining of preferences, judgments, attachments or other liens or the making of any levy against the insurer or against its assets or any part thereof.

(c) Notwithstanding any other provision of law, no bond shall be required of the Commissioner as a prerequisite for the issuance of any injunction or restraining order pursuant to this section.

(d) Notwithstanding subsection (a) of this section above, or any other provision of this chapter to the contrary, the commencement of a delinquency proceeding with respect to an insurer-member shall not operate as a stay, injunction or prohibition of the exercise by an FHLBank of its rights regarding collateral pledged by such insurer-member.

18 Del. C. 1953, § 5904;  56 Del. Laws, c. 380, § 1;  79 Del. Laws, c. 207, § 2; 
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