Indiana § 27-9-3.1-19 Claim arising from disaffirmance or repudiation

Indiana Statutes

§ 27-9-3.1-19 — Claim arising from disaffirmance or repudiation

Indiana § 27-9-3.1-19

Title 27INSURANCE

Art. 9SUPERVISION; REHABILITATION;

Ch. 3.1Treatment of Certain Agreements

This text of Indiana § 27-9-3.1-19 (Claim arising from disaffirmance or repudiation) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 27-9-3.1-19 (2026).

Text

(a)Notwithstanding IC 27-9-3 and this chapter, a claim of a counterparty against an estate arising from an insurer's receiver's disaffirmance or repudiation of a netting agreement or qualified financial contract that has not been previously affirmed in the liquidation or immediately preceding conservation or rehabilitation case must be determined and allowed or disallowed:

(1)as if the claim had arisen before the date of the filing of the petition for liquidation; or

(2)if a conservation or rehabilitation proceeding is converted to a liquidation proceeding, as if the claim had arisen before the date of the filing of the petition for conservation or rehabilitation.

(b)The amount of a claim described in subsection (a) is the actual direct compensatory damages determined as of the date of

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(a) Notwithstanding IC 27-9-3 and this
chapter, a claim of a counterparty against an estate arising from an
insurer's receiver's disaffirmance or repudiation of a netting agreement
or qualified financial contract that has not been previously affirmed in
the liquidation or immediately preceding conservation or rehabilitation
case must be determined and allowed or disallowed:
(1) as if the claim had arisen before the date of the filing of the
petition for liquidation; or
(2) if a conservation or rehabilitation proceeding is converted to
a liquidation proceeding, as if the claim had arisen before the date
of the filing of the petition for conservation or rehabilitation.
(b) The amount of a claim described in subsection (a) is the actual
direct compensatory damages determined as of the date of the
disaffirmance or repudiation of the netting agreement or qualified
financial contract.