§ 38-27-620 — Liquidator's recommendations to court.

South Carolina § 38-27-620

• Jurisdiction: South Carolina
• Title 38: INSURANCE
• Ch. 27: INSURERS' REHABILITATION AND LIQUIDATION ACT

Text

(a) The liquidator shall review all claims duly filed in the liquidation and shall make any further investigation he considers necessary. He may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes are determined under Section 38-27-580. As soon as practicable, he shall present to the court a report of the claims against the insurer with his recommendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed. (b) The court may approve, disapprove, or modify the report on claims by the liquidator. The reports not modified by the court within a period of sixty days following submission by the liquidator must be treated by the liquidator as allowed claims, subject thereafter to later modification or to rulings made by the court pursuant to Section 38-27-580. No claim under a policy of insurance may be allowed for an amount in excess of the applicable policy limits.

Legislative History

HISTORY: Former 1976 Code SECTION 38-5-2320 [1982 Act No. 384, SECTION 43] recodified as SECTION 38-27-620 by 1987 Act No. 155, SECTION 1.