2006 Michigan Compiled Laws - CHAPTER 81 SUPERVISION, REHABILITATION, AND LIQUIDATION (500.8101...500.8160)

THE INSURANCE CODE OF 1956 (EXCERPT)
Act 218 of 1956
Chapter 81
SUPERVISION, REHABILITATION, AND LIQUIDATION

DocumentDescription
Section 500.8101Construction and purpose of chapter.
Section 500.8102Applicability of proceedings authorized by chapter.
Section 500.8103Definitions.
Section 500.8104Commencement of delinquency proceeding; jurisdiction; stay of proceedings.
Section 500.8105Receiver; application for relief.
Section 500.8106Cooperation with commissioner; obstruction or interference prohibited; existing legal rights not abridged; penalties; petition for relief.
Section 500.8107Official bonds.
Section 500.8108aProhibited conduct by insurer.
Section 500.8109Orders; determination; supervision of insurer; restrictions; compliance; hearings; notice; time; judicial review; review of supervisor's action; violation of supervision order; penalty; enforcement of supervision order; personal liability to insurer for reduction of net worth or loss; action; costs and expenses.
Section 500.8110Seizure order.
Section 500.8111Confidentiality; exception; "third party" defined.
Section 500.8112Rehabilitation of insurer; petition; grounds.
Section 500.8113Order to rehabilitate insurer; provisions; filing as notice; title to assets vested in rehabilitator; accounting.
Section 500.8114Commissioner as rehabilitator; appointment of special deputies; employment of counsel, clerks, and assistants; compensation; terms; expenses; powers of rehabilitator; criminal or tortious conduct; breach of contractual or fiduciary obligation; plan to effect changes; avoidance of fraudulent transfers.
Section 500.8115Stay of action or proceeding; purpose; duties of rehabilitator; statute of limitations; laches; standing of guaranty association.
Section 500.8115aNetting agreement or qualified financial contract; rights; transfer; duties of receiver; exception; rights of counterparties; definitions.
Section 500.8116Order of liquidation; petition; duties of circuit court; order terminating rehabilitation; restoration to possession of property and control of business.
Section 500.8117Liquidation of domestic or alien insurer; basis.
Section 500.8118Order of liquidation; provisions; filing as notice; rights and liabilities; judicial declaration of insolvency; accounting.
Section 500.8118aOrder transferring title to and possession of trusteed assets; actions of court; considerations.
Section 500.8119Order of liquidation; continuation of policies in force; termination of coverages.
Section 500.8120Dissolution of corporation.
Section 500.8121Powers of liquidator; extended reporting period; powers and authority not exclusive; delaying sale of assets.
Section 500.8122Notice of liquidation; filing claims; changes of address.
Section 500.8123Notice by agent to policyholder; report of compliance; penalty; waiver.
Section 500.8124Order appointing liquidator as bar to action at law or equity; full faith and credit to injunctions; intervention; expense; institution of action or proceeding on behalf of estate of insurer; period of limitation; statute of limitation or defense of laches; standing of guaranty association.
Section 500.8125List of insurer's assets; amendments and supplements; filing; reduction of assets to liquidity; submission of assets for disbursement.
Section 500.8126Transfers and obligations as fraudulent; avoidance by receiver; retention of property, lien, or obligation as security for repayment; preservation of transfer or obligation; perfection of transfer; transfer creating equitable lien; fraudulent transaction of insurer with reinsurer.
Section 500.8127Transfer of insurer's real property; validity; constructive notice of commencement of proceeding in rehabilitation or liquidation; judicial sale of real property of insurer; validity of transfer against receiver; payment of indebtedness or delivery of property to insurer; knowledge of pending rehabilitation or liquidation; burden of proof; currency or negotiable instruments not impaired.
Section 500.8128Preference generally; transfers considered made or suffered; lien obtainable by legal or equitable proceedings; dissolution of voidable lien; discharge of property from lien; summary jurisdiction; hearing; notice; order; liability of surety; set off against preference; examination of transactions; payment of attorney; personal liability; recovery of certain commissions in delinquency proceedings.
Section 500.8129Claim of creditor; allowance; excused late filing.
Section 500.8130Setoff or counterclaim.
Section 500.8130aContributions of parties; determination by court; distribution to stockholders; recovery of distributions; limitations.
Section 500.8131Report of liquidator to court; levy of assessment; order to show cause; notice; hearing; determination; enforcement.
Section 500.8132Amount recoverable by liquidator from reinsurers; reduction prohibited; reinsurer's obligation to insurer's estate; assumption of obligations by life and health insurance guaranty association.
Section 500.8133Payment of unpaid earned premium; recovery of unearned premium; prohibited credits and setoffs; violation; penalty; notice; hearing; appeal.
Section 500.8134Proposal to disburse assets; application for approval; insufficient assets; provisions of proposal; notice of application; action on application.
Section 500.8135Proof of claims; filing; circumstances permitting late filing; receipt of distributions by late filing claimants.
Section 500.8136Proof of claim; statement; form; additional information or evidence; judgment or order entered by default or collusion; judgment or order as evidence of liability or quantum of damages; claims of guaranty association.
Section 500.8137Contingent claims; discounting claims at legal rate of interest; claims made under employment contracts.
Section 500.8138Third party claim; claim by insured; insured as unexcused late filer; recommendations of liquidator; withholding dividends; hearing; payment of insured; reversions to undistributed assets; delay in final payment; filing of several claims founded on 1 policy; prohibited claims.
Section 500.8139Denial of claim; filing of objections; hearing; notice.
Section 500.8140Subrogation to rights of creditor; distribution; excess received by creditor.
Section 500.8141Value of security; determination; supervision and control; crediting amount determined; deficiency treated as unsecured claim; surrender of security to liquidator.
Section 500.8141aPayment of special deposit claims; priority; transfer of special deposits.
Section 500.8142Priority of distribution of claims from insurer's estate; class of claims; subclasses prohibited; order of distribution; assets in separate account; definitions.
Section 500.8143Review of claims by liquidator; investigation; negotiation; unresolved disputes; report on claims by liquidator; approval, disapproval, or modification; limitation.
Section 500.8144Distributions; manner of payment; distribution of assets in kind.
Section 500.8145Disposition of unclaimed or withheld funds.
Section 500.8146Application for discharge.
Section 500.8147Petition to reopen proceedings.
Section 500.8148Retention or destruction of records.
Section 500.8149Audits.
Section 500.8150Conservator.
Section 500.8151Petition for order directing commissioner to liquidate assets; grounds; notice; order; liquidator as ancillary receiver; commissioner as receiver; paying claims of residents.
Section 500.8152Vesting of title in domiciliary liquidator or commissioner; filing claims.
Section 500.8153Petition requesting appointment of ancillary receiver; order; notice; powers and duties of ancillary receiver.
Section 500.8154Institution of proceedings under §§ 500.8109 to 500.8111.
Section 500.8155Filing of claims; proof; conclusiveness of final allowance of claims.
Section 500.8156Filing of claims; proof; recommendation; hearing; notice; appearance or representation; conclusiveness of final allowance of claim.
Section 500.8157Prohibited action or proceeding.
Section 500.8158Controlling order of distribution; equal priority of payment; priority against special deposits; deficiency; deferred sharing; surrender of security and filing claim as general creditor; discharge of claim.
Section 500.8159Failure to transfer assets.
Section 500.8160Repealed. 2001, Act 143, Imd. Eff. Oct. 26, 2001.

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