§ 38-27-320 — Rehabilitation orders.

(a) An order to rehabilitate the business of a domestic insurer or an alien insurer domiciled in this State shall appoint the director, and his successors in office, or his designee the rehabilitator and shall direct the rehabilitator to take possession immediately 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 clerk of court or register of deeds 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 which a deed, bill of sale, or other evidence of title duly filed or recorded with that office would have imparted. The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator. (b) Any order issued under this section shall require accounting to the court by the rehabilitator. Accountings must be at intervals as the court specifies in its order. (c) Entry of an order of rehabilitation does not constitute an anticipatory breach of any contracts of the insurer.

Legislative History

HISTORY: Former 1976 Code SECTION 38-5-2020 [1982 Act No. 384, SECTION 13] recodified as SECTION 38-27-320 by 1987 Act No. 155, SECTION 1; 1993 Act No. 181, SECTION 612; 1997 Act No. 34, SECTION 1.