§ 26.1-06.1-12 — Rehabilitation orders

North Dakota § 26.1-06.1-12

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

Text

1. An order to rehabilitate the business of a domestic insurer, or an alien insurer
domiciled in this state, shall appoint the commissioner and successor commissioners
in office the rehabilitator, and shall direct the rehabilitator forthwith to take possession
of the assets of the insurer and to administer them under the general supervision of
the court. The filing or recording of the order with the recorder, unless the board of
county commissioners designates a different official, of the county in which the
principal business of the company is conducted, or the county in which its principal
office or place of business is located, imparts the same notice as a deed, bill of sale, or
other evidence of title duly filed or recorded with that recorder or designated official.
The order to rehabilitate the insurer shall by operation of law vest title to all assets of
the insurer in the rehabilitator.
2. Any order issued under this section must require accounting to the court by the
rehabilitator. Accounting must be at such intervals as the court specifies in its order,
but no less frequently than semiannually. Each accounting must include a report
concerning the rehabilitator's opinion as to the likelihood that a plan under
subsection 4 of section 26.1-06.1-13 will be prepared by the rehabilitator and the
timetable for doing so.
3. Entry of an order of rehabilitation does not constitute an anticipatory breach of any
contracts of the insurer nor is it grounds for retroactive revocation or retroactive
cancellation of any contracts of the insurer, unless such revocation or cancellation is
done by the rehabilitator pursuant to section 26.1-06.1-13.