2022 Indiana Code
Title 27. Insurance
Article 14. Mutual Insurance Holding Company Law
Chapter 7. Miscellaneous Provisions
27-14-7-7. Reorganized Insurer or Mihc Having All Rights and Obligations of Mic

Sec. 7. (a) Except as provided in subsection (b), a reorganized insurer to which insurance policies, contracts, and other assets and obligations are transferred in connection with a plan of reorganization under this article has, with respect to the insurance policies, contracts, and other assets and obligations, all rights, liabilities, and authority of the MIC that is the subject of the plan of reorganization.

(b) An MIHC resulting from a plan of reorganization of a MIC under this article, has all obligations and liabilities of the MIC for any claim, asserted or otherwise, that existed at the effective date of the reorganization and that:

(1) seeks the imposition of a constructive or charitable trust on assets of the MIC for the benefit of policyholders, members, or other persons;

(2) seeks distribution or return of assets, or other form of compensation, from the MIC to policy holders or members; or

(3) otherwise arises out of, or relates to, the ownership interest of policyholders or members of the MIC, or to the value of their ownership interests, including any claim that challenges a statutory transaction engaged in by the MIC before the effective date of the reorganization.

As added by P.L.5-2000, SEC.4.