§ 26.1-42.1-15 — Stay of proceedings

North Dakota § 26.1-42.1-15

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-42.1: Insurance Guaranty Association

Text

All proceedings in which the insolvent insurer is a party or is obligated to defend a party in
any court in this state, subject to waiver by the association in specific cases involving covered
claims, must be stayed until the last day fixed by the court for the filing of claims and additional
time after this as may be determined by the court from the date the insolvency is determined or
an ancillary proceeding is instituted in the state, whichever is later, to permit proper defense by

the association of all pending causes of action. As to any covered claims arising from a
judgment under any decision, verdict, or finding based on the default of the insolvent insurer or
the insolvent insurer's failure to defend an insured, the association on its own behalf or on
behalf of such insured may apply to have the judgment, order, decision, verdict, or finding set
aside by the same court or administrator that made the judgment, order, decision, verdict, or
finding and may defend the claim on the merits. The liquidator, receiver, or statutory successor
of an insolvent insurer covered by this chapter shall permit access by the board or the board's
authorized representative to the insolvent insurer's records that are necessary for the board in
carrying out the board's functions under this chapter with regard to covered claims. In addition,
the liquidator, receiver, or statutory successor shall provide the board or the board's
representative with copies of these records upon the request by the board and at the expense of
the board.