§ 26.1-06.1-55 — Claims of residents against insurers domiciled in reciprocal states

North Dakota § 26.1-06.1-55

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

Text

1. In a liquidation proceeding in a reciprocal state against an insurer domiciled in that
state, claimants against the insurer who reside within this state may file claims either
with the ancillary receiver, if any, in this state, or with the domiciliary liquidator. Claims
must be filed on or before the last dates fixed for the filing of claims in the domiciliary
liquidation proceeding.
2. Claims belonging to claimants residing in this state may be proved either in the
domiciliary state under the law of that state, or in ancillary proceedings, if any, in this
state. If a claimant elects to prove a claim in this state, the claimant shall file the claim
with the liquidator in the manner provided in sections 26.1-06.1-34 and 26.1-06.1-35.
The ancillary receiver shall make a recommendation to the court as under section
26.1-06.1-42. The ancillary receiver shall also arrange a date for hearing if necessary
under section 26.1-06.1-38 and shall give notice to the liquidator in the domiciliary
state, either by certified mail or by personal service at least forty days prior to the date
set for hearing. If the domiciliary liquidator, within thirty days after the giving of such
notice, gives notice in writing to the ancillary receiver and to the claimant, either by
certified mail or by personal service, of intention to contest the claim, the domiciliary
liquidator is 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 must be accepted as
conclusive as to amount and as to priority against special deposits or other security
located in this state.