2013 New York Consolidated Laws
ISC - Insurance
Article 74 - (7401 - 7437) REHABILITATION, LIQUIDATION, CONSERVATION AND DISSOLUTION OF INSURERS
7412 - Filing and proving of claims of residents against delinquent insurers domiciled in reciprocal states.


NY Ins L § 7412 (2012) What's This?
 
    §  7412.  Filing and proving of claims of residents against delinquent
  insurers domiciled in reciprocal states. (a) In a delinquency proceeding
  in a reciprocal state  against  an  insurer  domiciled  in  that  state,
  claimants  residing  in  this  state  may  file  claims  either with the
  ancillary receiver, if  any,  appointed  in  this  state,  or  with  the
  domiciliary  receiver.  All  such  claims must be filed on or before the
  last date fixed for the filing of claims in the domiciliary proceeding.
    (b) (1) Controverted claims belonging to claimants  residing  in  this
  state  may  be proved either in the domiciliary state as provided by the
  law of that state, or in ancillary proceedings, if any, in this state.
    (2) If the claimant elects to prove his claim in this state, he  shall
  file it with the ancillary receiver in the manner provided by the law of
  this  state for the proving of claims against insurers domiciled in this
  state, and he shall give notice  in  writing  to  the  receiver  in  the
  domiciliary  state  either  by registered mail or by personal service at
  least forty days prior to the date set for  hearing.  The  notice  shall
  contain  a  concise  statement  of the amount of the claim, the facts on
  which it  is  based,  and  the  priorities  asserted,  if  any.  If  the
  domiciliary  receiver,  within  thirty  days  after  the  giving of such
  notice, shall give notice in writing to the ancillary  receiver  and  to
  the  claimant,  either  by  registered  mail or personal service, of his
  intention to contest such claim, he shall be entitled to appear or to be
  represented in any proceeding in this state involving  the  adjudication
  of the claim.
    (3) The final allowance of the claim by the courts of this state shall
  be  accepted  as conclusive as to its amount, and shall also be accepted
  as conclusive as to its priority, if any, against  special  deposits  or
  other security located within this state.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.