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304.33-530 Foreign domiciliary receivers in other states.
(1)
(2)
(3)
Property rights and title: reciprocal state. The domiciliary liquidator of an
insurer domiciled in a reciprocal state shall be vested by operation of law with
the title to all of the property, contracts and rights of action, and all of the
books, accounts and other records of the insurer located in this state. The date
of vesting shall be the date of the filing of the petition, if that date is specified by
the domiciliary law for the vesting of property in the domiciliary state; otherwise,
the date of vesting shall be the date of entry of the order directing possession
to be taken. The domiciliary liquidator shall have the immediate right to recover
balances due from agents and to obtain possession of the books, accounts and
other records of the insurer located in this state. The domiciliary liquidator also
shall have the right to recover the other assets of the insurer located in this
state, subject to subsection (3) of KRS 304.33-540.
Property rights and title: state not a reciprocal state. If a domiciliary liquidator is
appointed for an insurer not domiciled in a reciprocal state, the commissioner
of this state shall be vested by operation of law with the title to all of the
property, contracts and rights of action, and all of the books, accounts and
other records of the insurer located in this state, at the same time that the
domiciliary liquidator is vested with title in the domiciling state. The
commissioner of this state may petition for a conservation or liquidation order
under KRS 304.33-510 or 304.33-520, or for an ancillary receivership under
KRS 304.33-540, or after approval by the Franklin County Circuit Court, may
transfer title to the domiciliary liquidator, as the interests of justice and the
equitable distribution of the assets require.
Filing claims. Claimants residing in this state may file claims with the liquidator
or ancillary receiver, if any, in this state or with the domiciliary liquidator, if the
domiciliary law permits. The claims must be filed on or before the last date
fixed for the filing of claims in the domiciliary liquidation proceedings.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1456, effective July 15, 2010. -Created 1970 Ky. Acts ch. 301, subtit. 33, sec. 53, effective June 18, 1970.
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