§ 26.1-06.1-04 — Jurisdiction and venue

North Dakota § 26.1-06.1-04

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-06.1: Insurance Company Rehabilitation and Liquidation

Text

1. No delinquency proceeding may be commenced under this chapter by anyone other
than the commissioner and no court has jurisdiction to entertain, hear, or determine
any proceeding commenced by any other person.
2. No court of this state has jurisdiction to entertain, hear, or determine any complaint
praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or
receivership of any insurer, or praying for an injunction or restraining order or other
relief preliminary to, incidental to, or relating to such proceedings other than in
accordance with this chapter.
3. In addition to other grounds for jurisdiction provided by the law of this state, a court of
this state having jurisdiction of the subject matter has jurisdiction over a person served
pursuant to the North Dakota Rules of Civil Procedure or other applicable provisions of
law in an action brought by the receiver of a domestic insurer or an alien insurer
domiciled in this state:
a. If the person served is an insurance producer or other person who has at any
time written policies of insurance for or has acted in any manner whatsoever on
behalf of an insurer against which a delinquency proceeding has been instituted,
in any action resulting from or incident to such a relationship with the insurer;
b. If the person served is a reinsurer who has at any time entered into a contract of
reinsurance with an insurer against which a delinquency proceeding has been
instituted, or is an insurance producer of or for the reinsurer, in any action on or
incident to the reinsurance contract;
c. If the person served is or has been an officer, director, manager, trustee,
organizer, promoter, or other person in a position of comparable authority or

influence over an insurer against which a delinquency proceeding has been
instituted, in any action resulting from or incident to such a relationship with the
insurer;
d. If the person served is or was at the time of the institution of the delinquency
proceeding against the insurer holding assets in which the receiver claims an
interest on behalf of the insurer, in any action concerning the assets; or
e. If the person served is obligated to the insurer in any way whatsoever in any
action on, or incident to, the obligation.
4. If the court on motion of any party finds that any action should as a matter of
substantial justice be tried in a forum outside this state, the court may enter an
appropriate order to stay further proceedings on the action in this state.
5. All action herein authorized must be brought in the district court in Burleigh County,
North Dakota.