The commissioner may apply by petition to the district court for an order authorizing the
rehabilitation of a domestic insurer or an alien insurer domiciled in this state on any one or more
of the following grounds:
1.The insurer is in such condition that the further transaction of business would be
hazardous financially to its policyholders, creditors, or the public.
2.There is reasonable cause to believe that there has been embezzlement from the
insurer, wrongful sequestration, or diversion of the insurer's assets, forgery, or fraud
affecting the insurer, or other illegal conduct in, by, or with respect to the insurer that if
established would endanger assets in an amount threatening the solvency of the
insurer.
3.The insurer has failed to remove any person who in fact has executive a
Free access — add to your briefcase to read the full text and ask questions with AI
The commissioner may apply by petition to the district court for an order authorizing the
rehabilitation of a domestic insurer or an alien insurer domiciled in this state on any one or more
of the following grounds:
1. The insurer is in such condition that the further transaction of business would be
hazardous financially to its policyholders, creditors, or the public.
2. There is reasonable cause to believe that there has been embezzlement from the
insurer, wrongful sequestration, or diversion of the insurer's assets, forgery, or fraud
affecting the insurer, or other illegal conduct in, by, or with respect to the insurer that if
established would endanger assets in an amount threatening the solvency of the
insurer.
3. The insurer has failed to remove any person who in fact has executive authority in the
insurer, whether an officer, manager, general agent, employee, or other person, if the
person has been found after notice and hearing by the commissioner to be dishonest
or untrustworthy in a way affecting the insurer's business.
4. Control of the insurer, whether by stock ownership or otherwise, and whether direct or
indirect, is in a person or persons found after notice and hearing to be untrustworthy.
5. Any person, whether an officer, manager, general agent, director, trustee, employee,
or other person, who in fact has executive authority in the insurer, has refused to be
examined under oath by the commissioner concerning its affairs, whether in this state
or elsewhere.
6. After demand by the commissioner pursuant to sections 26.1-03-19.1 through
26.1-03-19.7, or pursuant to this chapter, the insurer has failed to promptly make
available for examination any of its own property, books, accounts, documents, or
other records, or those of any subsidiary or related company within the control of the
insurer, or those of any person having executive authority in the insurer so far as they
pertain to the insurer.
7. Without first obtaining the written consent of the commissioner, the insurer has
transferred, or attempted to transfer, in a manner contrary to chapter 26.1-10 or
26.1-07, substantially its entire property or business, or has entered into any other
transaction the effect of which is to merge, consolidate, or reinsure substantially its
entire property or business in or with the property or business of any other person.
8. The insurer or its property has been or is the subject of an application for the
appointment of a receiver, trustee, custodian, conservator, or sequestrator or similar
fiduciary of the insurer or its property otherwise than as authorized under the
insurance laws of this state, and the appointment has been made or is imminent, and
the appointment might remove the insurer or its property from the jurisdiction of this
state, or might prejudice orderly delinquency proceedings under this chapter.
9. Within the previous four years the insurer has willfully violated its charter or articles of
incorporation, its bylaws, any insurance law of this state, or any valid order of the
commissioner.
10. The insurer has failed to pay within sixty days after due date any obligation to any
state or any subdivision thereof or any judgment entered in any state, if the court in
which the judgment was entered had jurisdiction over the subject matter except that
the nonpayment is not a ground until sixty days after any good-faith effort by the
insurer to contest the obligation has been terminated, whether it is before the
commissioner or in the courts, or the insurer has systematically attempted to
compromise or renegotiate previously agreed settlements with its creditors on the
ground that it is financially unable to pay its obligations in full.
11. The insurer has failed to file its annual report or other financial report required by
statute within the time allowed by law and, after written demand by the commissioner,
has failed to immediately respond with an adequate explanation.
12. The board of directors or the holders of a majority of the shares entitled to vote, or a
majority of those individuals entitled to the control of those entities, request or consent
to rehabilitation under this chapter.
13. Has been found after examination that, in the case of a stock insurance company, its
minimum basic paid-in capital required by section 26.1-05-04 is impaired, or that, in
the case of a domestic mutual insurance company, its surplus required by sections
26.1-12-08 and 26.1-12-10 is impaired.