§ 27-14.3-10. Court's seizure order.
(a) The commissioner may file in the superior court for the county of Providence a petition
alleging, with respect to a domestic insurer:
(1) That there exists any grounds that would justify a court order for a formal delinquency
proceeding against an insurer under this chapter;
(2) That the interests of policyholders, creditors, or the public will be endangered by
delay; and
(3) The contents of an order deemed necessary by the commissioner.
(b) Upon a filing under subsection (a) of this section, the court may issue ex parte and
without a hearing the requested order which shall direct the commissioner to take
possession and control of all or a part of the property, books, accounts, documents,
and other records of an insurer, and of the premises occupied by it for transaction
of its business, and until further order of the court enjoin the insurer and its officers,
managers, agents, and employees from disposition of its property and from the transaction
of its business except with the written consent of the commissioner.
(c) The court shall specify in the order what its duration shall be, which shall be that
time as the court deems necessary for the commissioner to ascertain the condition
of the insurer. On the motion of either party or on its own motion, the court may
hold hearings as it deems desirable after providing notice as it deems appropriate,
and may extend, shorten, or modify the terms of the seizure order. The court shall
vacate the seizure order if the commissioner fails to commence a formal proceeding
under this chapter after having had a reasonable opportunity to do so. An order of
the court pursuant to a formal proceeding under this chapter shall by itself vacate
the seizure order.
(d) Entry of a seizure order under this section shall not constitute an anticipatory breach
of any contract of the insurer.
(e) An insurer subject to an ex parte order under this section may petition the court
at any time after the issuance of the order for a hearing and review of the order.
The court shall hold a hearing and review not more than fifteen (15) days after the
request. A hearing under this subsection may be held privately in chambers and it
shall be held if the insurer proceeded against requests this.
(f) If, at any time after the issuance of an order, it appears to the court that any person
whose interest is or will be substantially affected by the order did not appear at
the hearing and has not been served, the court may order that notice be given. An
order that notice be given shall not stay the effect of any order previously issued
by the court.