reglab/housing_qa huggingface dataset:
NH Rev Stat § 402-C:37 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:37 - Filing of Claims.

    402-C:37 Filing of Claims. –||I. Deadline for Filing. Proof of all claims must be filed with the liquidator in the form required by RSA 402-C:38 on or before the last day for filing specified in the notice required under RSA 402-C:26, except that proof of preferred ownership claims and proprietary claims under RSA 402-C:44 need not be filed at all, and proof of claims for cash surrender values or other investment values in life insurance and annuities need not be filed unless the liquidator expressly so requires.||II. Excused Late Filings. For a good cause shown, the liquidator shall recommend and the court shall permit a claimant making a late filing to share in dividends, whether past or future, as if he were not late, to the extent that any such payment will not prejudice the orderly administration of the liquidation. Good cause includes but is not limited to the following:||(a) That existence of a claim was not known to the claimant and that he filed within 30 days after he learned of it;||(b) That a claim for cash surrender values or other investment values in life insurance or annuities which was not required to be filed was omitted from the liquidator's recommendations to the court under RSA 402-C:45, and that it was filed within 30 days after the claimant learned of the omission;||(c) That a transfer to creditor was avoided under RSA 402-C:30-32 or was voluntarily surrendered under RSA 402-C:33, and that the filing satisfies the conditions of RSA 402-C:33;||(d) That valuation under RSA 402-C:43 of security held by a secured creditor shows a deficiency, which is filed within 30 days after the valuation; and||(e) That a claim was contingent and became absolute, and was filed within 30 days after it became absolute.||III. Unexcused Late Filings. The liquidator may consider any claim filed late which is not covered by paragraph II, and permit it to receive dividends, other than the first dividend, which are subsequently declared on any claims of the same or lower priority if the payment does not prejudice the orderly administration of the liquidation. The late-filing claimant shall receive, at each distribution, the same percentage of the amount allowed on his claim as is then being paid to other claimants of the same priority plus the same percentage of the amount allowed on his claim as is then being paid to claimants of any lower priority. This shall continue until his claim has been paid in full.|||Source. 1969, 272:1. 1975, 348:12, 13, eff. Aug. 6, 1975.|
NH Rev Stat § 402-C:38 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:38 - Proof of Claim.

    402-C:38 Proof of Claim. –||I. Contents of Proof of Claim.||(a) Proof of claim shall consist of a verified statement that includes all of the following that are applicable:||1. The particulars of the claim, including the consideration given for it.||2. The identity and amount of the security on the claim.||3. The payments made on the debt, if any.||4. That the sum claimed is justly owing and that there is no setoff, counterclaim or defense to the claim.||5. Any right of priority of payment or other specific right asserted by the claimant.||6. A copy of any written instrument which is the foundation of the claim.||7. In the case of any third party claim based on a liability policy issued by the insurer, a conditional release of the insured pursuant to RSA 402-C:40, I.||8. The name and address of the claimant and the attorney who represents him, if any.||(b) No claim need be considered or allowed if it does not contain all the information under subparagraph (a) which may be applicable. The liquidator may require that a prescribed form be used and may require that other information and documents be included.||II. Supplementary Information. At any time the liquidator may request the claimant to present information or evidence supplementary to that required under paragraph I, and may take testimony under oath, require production of affidavits or depositions or otherwise obtain additional information or evidence.||III. Conclusiveness of Judgments. No judgment or order against an insured or the insurer entered after the filing of a successful petition for liquidation and no judgment or order against an insured or the insurer entered at any time by default or by collusion need be considered as evidence of liability or of quantum of damages. No judgment or order against an insured or the insurer entered within 4 months before the filing of the petition need be considered as evidence of liability or of the quantum of damages.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:39 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:39 - Special Claims.

    402-C:39 Special Claims. –||I. Claims Contingent on Judgments. The claim of a third party which is contingent only on his first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency.||II. Claims Under Terminated Policies. Any claim that would have become absolute if there had been no termination of coverage under RSA 402-C:22, and which was not covered by insurance acquired to replace the terminated coverage, shall be allowed as if the coverage had remained in effect, unless at least 10 days before the insured event occurred either the claimant had actual notice of the termination or notice was mailed to the claimant as prescribed by RSA 402-C:26 or RSA 402-C:27, I. If allowed the claim shall share in distributions under RSA 402-C:44, II.||III. Other Contingent Claims. A claim may be allowed even if contingent, if it is filed in accordance with RSA 402-C:37, II. It may be allowed and may participate in all dividends declared after it is filed, to the extent that it does not prejudice the orderly administration of the liquidation.||IV. Immature Claims. Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that where justice requires the court may order them discounted at the legal rate of interest.|||Source. 1969, 272:1. 1998, 99:4, eff. July 19, 1998.|
NH Rev Stat § 402-C:41 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:41 - Disputed Claims.

    402-C:41 Disputed Claims. –||I. Notice of Rejection and Request for Hearing. When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant and his attorney by first class mail at the address shown in the proof of claim. Within 60 days from the mailing of the notice, the claimant may file his objections with the court. If no such filing is made, the claimant may not further object to the determination.||II. Notice of Hearing. Whenever objections are filed with the court, the liquidator shall ask the court for a hearing as soon as practicable and give notice of the hearing by first class mail to the claimant or his attorney and to any other persons directly affected, not less than 10 nor more than 20 days before the date of the hearing. The matter may be heard by the court or by a court-appointed referee.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:42 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:42 - Claims of Surety.

    402-C:42 Claims of Surety. –||Whenever a creditor whose claim against an insurer is secured in whole or in part by the undertaking of another person fails to prove and file that claim, the other person may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any dividend until the amount paid to the creditor on the undertaking plus the dividends paid on the claim from the insurer's estate to creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:43 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:43 - Secured Creditors' Claims.

    402-C:43 Secured Creditors' Claims. –||I. The value of any security held by a secured creditor shall be determined in one of the following ways, as the court directs:||(a) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditor;||(b) By agreement, arbitration, compromise or litigation between the creditor and the liquidator.||II. The determination shall be under the supervision and control of the court. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant surrenders his security to the liquidator, the entire claim shall be allowed as if unsecured.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:45 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:45 - Liquidator's Recommendations to the Court.

    402-C:45 Liquidator's Recommendations to the Court. –||I. Recommended Claims. The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he deems necessary. He may compound, compromise or in any other manner negotiate the amount for which claims will be recommended to the court. Unresolved disputes shall be determined under RSA 402-C:41. As often as practicable, he shall present to the court reports of claims against the insurer with his recommendations. The reports shall include the name and address of each claimant, the particulars of the claim and the amount of the claim finally recommended, if any. As soon as reasonably possible after the last day for filing claims, he shall present a list of all claims not already reported. 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 values and the amounts owed. If the insurer has issued policies on the advance premium plan, the liquidator shall report the persons to whom, according to the records of the insurer, unearned premiums are owed and the amounts owed.||II. Allowance of Claims. The court may approve, disapprove or modify any report on claims by the liquidator, except that the liquidator's agreements with other parties shall be final and binding on the court on claims settled for $500 or less. No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:46 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:46 - Distribution of Assets.

    402-C:46 Distribution of Assets. –||I. Payments to Creditors. Under the direction of the court, the liquidator shall pay dividends in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including third party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.||II. Excess Assets.||(a) Upon liquidation of a domestic mutual insurance company, any assets held in excess of its liabilities and the amounts which may be paid to its members as provided under subparagraph (b) shall be paid into the state treasury for the credit of the insurance department.||(b) The maximum amount payable upon liquidation to any member for and on account of his membership in a domestic mutual insurance company, in addition to the insurance benefits promised in the policy, shall be the total of all premium payments made by the member with interest at the legal rate compounded annually.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:47 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:47 - Unclaimed and Withheld Funds.

    402-C:47 Unclaimed and Withheld Funds. –||I. Unclaimed Funds. All unclaimed funds subject to distribution remaining in the liquidator's hands when he is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member or other person who is unknown or cannot be found or who is under disability with no person legally competent to receive his distributive share, shall be deposited with the state treasurer, and shall be paid over without interest except in accordance with RSA 402-C:44 to the person entitled thereto or his legal representative upon proof satisfactory to the state treasurer of his right thereto. Any amount on deposit not claimed within 6 years from the discharge of the liquidator is deemed abandoned and shall become the property of the state.||II. Withheld Funds. All funds withheld under RSA 402-C:40 and not distributed shall upon discharge of the liquidator be deposited with the state treasurer and paid by him in accordance with RSA 402-C:40. Any sums remaining which under RSA 402-C:40 would revert to the undistributed assets of the insurer shall be transferred to the state treasurer and become the property of the state under paragraph I, unless the commissioner petitions the court to reopen the liquidation under RSA 402-C:49.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:48 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:48 - Termination of Proceedings.

    402-C:48 Termination of Proceedings. –||I. Liquidator's Application. When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders deemed appropriate, including an order to transfer to the state treasury for the credit of the insurance department any remaining funds that are uneconomic to distribute.||II. Application by Others. Any other person may apply to the court at any time for an order under paragraph I. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney's fee.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:49 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:49 - Reopening Liquidation.

    402-C:49 Reopening Liquidation. –||After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at any time petition the court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, it shall so order.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:50 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:50 - Disposition of Records During and After Termination of Liquidation.

    402-C:50 Disposition of Records During and After Termination of Liquidation. –||Whenever it appears to the commissioner that the records of any insurer in process of liquidation or completely liquidated are no longer useful, he or she may recommend to the court what records should be retained for future reference and what should be disposed of. The court shall enter an order thereon. Until further order of the court, the commissioner shall keep all records the court orders preserved and shall destroy the remainder whether or not the records have been photographed or otherwise reproduced.|||Source. 1969, 272:1. 2003, 144:3, eff. Jan. 1, 2004.|
NH Rev Stat § 402-C:51 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:51 - External Audit of Receiver's Books.

    402-C:51 External Audit of Receiver's Books. –||The court in which the proceeding is pending may, as it deems desirable, cause audits to be made of the books of the commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the commissioner and with the court. The books, records and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:52 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:52 - Conservation of Property of Foreign or Alien Insurers Found in This State.

    402-C:52 Conservation of Property of Foreign or Alien Insurers Found in This State. –||I. Grounds for Petition. If a domiciliary liquidator has not been appointed, the commissioner may apply to the superior court for Merrimack county by verified petition for an order directing him to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds:||(a) Any of the grounds in RSA 402-C:15;||(b) Any of the grounds in RSA 402-C:20;||(c) That any of its property has been sequestered by official action in its domiciliary state, or in any other state;||(d) That enough of its property has been sequestered in a foreign country to give reasonable cause to fear that the insurer is or may become insolvent;||(e) That 1) its certificate of authority to do business in this state has been revoked or that none was ever issued, and 2) there are residents of this state with outstanding claims or outstanding policies.||II. Terms of Order. The court may issue the order in whatever terms it deems appropriate. The filing or recording of the order with any register of deeds in this state imparts the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that register of deeds.||III. Transformation to Liquidation or Ancillary Receivership. The conservator may at any time petition for and the court may grant an order under RSA 402-C:53 to liquidate the assets of a foreign or alien insurer under conservation or, if appropriate, for an order under RSA 402-C:55 to be appointed ancillary receiver.||IV. Order to Return to Company. The conservator may at any time petition the court for an order, terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such finding and issue such order at any time upon its own motion.|||Source. 1969, 272:1, eff. June 23, 1969.|
NH Rev Stat § 402-C:53 (2021)
2021 New Hampshire Revised Statutes|Title XXXVII - Insurance|Title 402-C - Insurers Rehabilitation and Liquidation|Section 402-C:53 - Liquidation of Property of Foreign or Alien Insurers Found in This State.

    402-C:53 Liquidation of Property of Foreign or Alien Insurers Found in This State. –||I. Grounds for Petition. If no domiciliary receiver has been appointed, the commissioner may apply to the superior court for Merrimack county by verified petition for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds:||(a) Any of the grounds in RSA 402-C:15;||(b) Any of the grounds in RSA 402-C:20;||(c) Any of the grounds in RSA 402-C:52.||II. Terms of Order. If it appears to the court that the best interests of creditors, policyholders and the public so require, the court may issue an order to liquidate in whatever terms it deems appropriate. The filing or recording of the order with any register of deeds in this state imparts the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that register of deeds.||III. Conversion to Ancillary Proceeding. If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall thereafter act as ancillary receiver under RSA 402-C:55. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under RSA 402-C:55.||IV. Federal Receivership. On the same grounds as are specified in paragraph I, the commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction, or any lesser part thereof that the commissioner deems desirable for the protection of the policyholders and creditors in this state. The commissioner may accept appointment as federal receiver if another person files a petition.|||Source. 1969, 272:1, eff. June 23, 1969.|