reglab/housing_qa huggingface dataset:
24-A ME Rev Stat § 4365 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4365. Conduct of delinquency proceedings against foreign insurers

 §4365. Conduct of delinquency proceedings against foreign insurers 1.  Whenever under this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this State, the court shall appoint the superintendent as ancillary receiver. The superintendent shall file a petition requesting the appointment on the grounds set forth in sections 4358 or 4359:   A. If the superintendent finds that there are sufficient assets of the insurer located in this State to justify the appointment of an ancillary receiver; or   [RR 2021, c. 1, Pt. B, §360 (COR).]B. If 10 or more persons resident in this State having claims against such insurer file a petition with the superintendent requesting the appointment of such ancillary receiver.   [PL 1973, c. 585, §12 (AMD).][RR 2021, c. 1, Pt. B, §360 (COR).] 2.  The domiciliary receiver for the purpose of liquidating an insurer domiciled in a reciprocal state is vested by operation of law with the title to all of the property, contracts and rights of action, and all of the books and records of the insurer located in this State and the domiciliary receiver has the immediate right to recover balances due from local agents and to obtain possession of any books and records of the insurer found in this State. The domiciliary receiver is also entitled to recover the other assets of the insurer located in this State, except that upon the appointment of an ancillary receiver in this State, the ancillary receiver during the ancillary receivership proceedings has the sole right to recover such other assets. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims that are proved and allowed in the ancillary proceedings in this State, and shall pay the necessary expenses of the proceedings. All remaining assets the ancillary receiver shall promptly transfer to the domiciliary receiver. Subject to the foregoing provisions, the ancillary receiver and the ancillary receiver's deputies have the same powers and are subject to the same duties with respect to the administration of such assets as a receiver of an insurer domiciled in this State.   [RR 2021, c. 1, Pt. B, §361 (COR).] 3.  The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this State to recover any assets of such insurer to which the domiciliary receiver may be entitled under the laws of this State.   [RR 2021, c. 1, Pt. B, §362 (COR).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §§360-362 (COR).
24-A ME Rev Stat § 4366 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4366. Claims of nonresidents against domestic insurers

 §4366. Claims of nonresidents against domestic insurers 1.  In a delinquency proceeding begun in this State against a domestic insurer, claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary receiver, but claimants residing in foreign countries or in states not reciprocal states must file claims in this State. All such claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceedings.   [PL 1991, c. 828, §29 (AMD).] 2.  Controverted claims belonging to claimants residing in reciprocal states may either:   A. Be proved in this State, or   [PL 1969, c. 132, §1 (NEW).]B. If ancillary proceedings have been commenced in such reciprocal states, may be proved in those proceedings. In the event a claimant elects to prove the claimant's claim in ancillary proceedings, if notice of the claim and opportunity to appear and be heard is afforded the domiciliary receiver of this State, as provided in section 4367 with respect to ancillary proceedings in this State, the final allowance of such claim by the courts in the ancillary state must be accepted in this State as conclusive as to its amount and must also be accepted as conclusive as to its priority, if any, against special deposits or other security located within the ancillary state.   [RR 2021, c. 1, Pt. B, §363 (COR).][RR 2021, c. 1, Pt. B, §363 (COR).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1991, c. 828, §29 (AMD). RR 2021, c. 1, Pt. B, §363 (COR).
24-A ME Rev Stat § 4367 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4367. Claims against foreign insurers

 §4367. Claims against foreign insurers 1.  In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against such insurer who reside within this State may file claims either with the ancillary receiver, if any, appointed in this State, or with the domiciliary receiver. All such claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceedings.   [PL 1969, c. 132, §1 (NEW).] 2.  Controverted claims belonging to claimants residing in this State may either:   A. Be proved in the domiciliary state as provided by the law of that state, or   [PL 1969, c. 132, §1 (NEW).]B. If ancillary proceedings have been commenced in this State, be proved in those proceedings. In the event that any such claimant elects to prove a claim in this State, the claimant shall file the claim with the ancillary receiver and shall give notice in writing to the receiver in the domiciliary state, either by registered or certified mail or by personal service at least 40 days prior to the date set for hearing. The notice must contain a concise statement of the amount of the claim, the facts on which the claim is based and the priorities asserted, if any. If the domiciliary receiver within 30 days after the giving of such notice gives notice in writing to the ancillary receiver and to the claimant, either by registered or certified mail or by personal service, of the domiciliary receiver's intention to contest such claim, the domiciliary receiver is entitled to appear or to be represented in any proceeding in this State involving adjudication of the claim. The final allowance of the claim by the courts of this State must be accepted as conclusive as to its amount and must also be accepted as conclusive as to its priority, if any, against special deposits or other security located within this State.   [RR 2021, c. 1, Pt. B, §364 (COR).][RR 2021, c. 1, Pt. B, §364 (COR).] 3.  The courts of this State shall give full faith and credit to any stay of or injunction barring new actions against an insurer or its receiver, or the continuation of existing actions against an insurer or its receiver, when the stay or injunction is pursuant to an order to liquidate or rehabilitate an insurer issued in accordance with the delinquency laws of a reciprocal state.   [PL 2021, c. 16, §15 (NEW).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 2021, c. 16, §15 (AMD). RR 2021, c. 1, Pt. B, §364 (COR).
24-A ME Rev Stat § 4368 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4368. Form of claim; notice; hearing

 §4368. Form of claim; notice; hearing 1.  All claims against an insurer against which delinquency proceedings have been begun must set forth in reasonable detail the amount of the claim, or the basis upon which such amount can be ascertained, the facts upon which the claim is based, and the priorities asserted, if any. All such claims must be verified by the affidavit of the claimant or someone authorized to act on the claimant's behalf and having knowledge of the facts, and must be supported by such documents as may be material thereto.   [RR 2021, c. 1, Pt. B, §365 (COR).] 2.  All claims filed in this State shall be filed with the receiver, whether domiciliary or ancillary, in this State, on or before the last date for filing as specified in this chapter.   [PL 1969, c. 132, §1 (NEW).] 3.  Within 10 days of the receipt of any claim, or within such further period as the court may fix for good cause shown, the receiver shall report the claim to the court, specifying in such report the receiver's recommendation with respect to the action to be taken thereon. Upon receipt of such report, the court shall fix a time for hearing the claim and shall direct that the claimant or the receiver, as the court specifies, must give such notice as the court determines to such persons as appear to the court to be interested therein. All such notices must specify the time and place of the hearing and must concisely state the amount and nature of the claim, the priorities asserted, if any, and the recommendation of the receiver with reference thereto.   [RR 2021, c. 1, Pt. B, §366 (COR).] 4.  At the hearing, all persons interested shall be entitled to appear and the court shall enter an order allowing, allowing in part, or disallowing the claim. Any such order shall be deemed to be an appealable order.   [PL 1969, c. 132, §1 (NEW).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §§365, 366 (COR).
24-A ME Rev Stat § 4369 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4369. Attachment and garnishment of assets

 §4369. Attachment and garnishment of assets During the pendency of delinquency proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment or execution shall be commenced or maintained in the courts of this State against the delinquent insurer or its assets. Any lien obtained by any such action or proceeding within four months prior to the commencement of any such delinquency proceeding or at any time thereafter shall be void as against any rights arising in such delinquency proceeding.   [PL 1969, c. 132, §1 (NEW).]SECTION HISTORY PL 1969, c. 132, §1 (NEW).
24-A ME Rev Stat § 4370 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4370. Limitations on appointment of receiver; action by judgment creditor

 §4370. Limitations on appointment of receiver; action by judgment creditor No order, judgment or decree enjoining, restraining or interfering with the prosecution of the business of any insurer or for the appointment of a temporary or permanent receiver of a domestic insurer shall be made or granted otherwise than upon the petition of the superintendent represented by the Attorney General as provided in this chapter.   [PL 1973, c. 585, §12 (AMD).]SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD).
24-A ME Rev Stat § 4371 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4371. Deposit of money

 §4371. Deposit of money The money collected by the superintendent in a proceeding under this chapter must be from time to time deposited in one or more state or national banks, savings banks or trust companies, and in the case of the insolvency or voluntary or involuntary liquidation of any such depositary that is an institution organized and supervised under the laws of this State, such deposits are entitled to priority of payment on an equality with any other priority given by the banking laws of this State. The superintendent may in the superintendent's discretion deposit such money or any part thereof in a national bank or trust company as a trust fund.   [RR 2021, c. 1, Pt. B, §367 (COR).]SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §367 (COR).
24-A ME Rev Stat § 4372 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4372. Exemption from fees

 §4372. Exemption from fees The superintendent may not be required to pay any fee to any public officer in this State for service of process, filing, recording, issuing a transcript or certificate or authenticating any paper or instrument pertaining to the exercise by the superintendent of any of the powers or duties conferred upon the superintendent under this chapter, whether or not such paper or instrument be executed by the superintendent or the superintendent's deputies, employees or attorneys of record and whether or not it is connected with the commencement of any action or proceeding by or against the superintendent, or with the subsequent conduct of such action or proceeding.   [RR 2021, c. 1, Pt. B, §368 (COR).]SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §368 (COR).
24-A ME Rev Stat § 4373 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4373. Escrowing on pledge of assets

 §4373. Escrowing on pledge of assets For the purpose of facilitating the rehabilitation, liquidation, conservation or dissolution of an insurer pursuant to this chapter, the superintendent may, subject to the approval of the court, borrow money and execute, acknowledge and deliver notes or other evidences of indebtedness therefor and secure the repayment of the same by the mortgage, pledge, assignment, transfer in trust, or hypothecation of any or all of the property, whether real, personal or mixed, of such insurer, and the superintendent subject to the approval of the court has power to take any and all other action necessary and proper to consummate any such loan and to provide for the repayment thereof. The superintendent is under no obligation personally or in the superintendent's official capacity to repay any loan made pursuant to this section.   [RR 2021, c. 1, Pt. B, §369 (COR).]SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §369 (COR).
24-A ME Rev Stat § 4374 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4374. Termination of rehabilitation

 §4374. Termination of rehabilitation If at any time the court finds, after hearing in open court, upon petition of the superintendent or of the insurer or of the court's own motion, that the objectives of an order to rehabilitate a domestic insurer or an alien insurer domiciled in this State have been accomplished, and that the insurer can be returned to its own management without further jeopardy to the insurer and its creditors or policyholders or stockholders or to the public, the court may, upon a full report and accounting by the superintendent relative to the conduct of the insurer's affairs during the rehabilitation and of the insurer's current financial condition, terminate the rehabilitation and by order return the insurer, its assets and affairs, to the insurer's management.   [RR 2021, c. 1, Pt. B, §370 (COR).]SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). RR 2021, c. 1, Pt. B, §370 (COR).
24-A ME Rev Stat § 4375 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4375. Prohibited and voidable transfers, liens (REPEALED)

 §4375. Prohibited and voidable transfers, liens (REPEALED)SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD). PL 1991, c. 828, §30 (RP).
24-A ME Rev Stat § 4376 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4376. Date rights fixed on liquidation

 §4376. Date rights fixed on liquidation The rights and liabilities of the insurer and of its creditors, policyholders, stockholders, members, subscribers and all other persons interested in its estate shall, unless otherwise directed by the court, be fixed as of the date on which the order directing the liquidation of the insurer is filed in the office of the clerk of the court which made the order, subject to this chapter with respect to the rights of claimants holding contingent claims.   [PL 1969, c. 132, §1 (NEW).]SECTION HISTORY PL 1969, c. 132, §1 (NEW).
24-A ME Rev Stat § 4377 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4377. Time to file claims

 §4377. Time to file claims 1.  If upon the entry of an order of liquidation under this chapter or at any time thereafter during liquidation proceedings the insurer is not clearly solvent, the court shall, upon hearing after such notice as it deems proper, make and enter an order adjudging the insurer to be solvent.   [PL 1969, c. 132, §1 (NEW).] 2.  After the entry of the order of insolvency, regardless of any prior notice that may have been given to creditors, the superintendent shall notify all persons who may have claims against the insurer to file such claims with him, at a place and within the time specified in the notice, or that such claims shall be forever barred. The time specified in the notice shall be as fixed by the court for filing of claims and which shall be not less than 6 months after the entry of the order of insolvency. The notice shall be given in such manner and for such reasonable period of time as may be ordered by the court.   [PL 1973, c. 585, §12 (AMD).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). PL 1973, c. 585, §12 (AMD).
24-A ME Rev Stat § 4378 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4378. Allowance of contingent and other claims

 §4378. Allowance of contingent and other claims 1.  No contingent claim shall share in a distribution of assets of an insurer which has been adjudicated to be insolvent by an order made pursuant to section 4377, except that such claims shall be considered, if properly presented, and may be allowed to share where:   A. The claim becomes absolute against the insurer on or before the last day fixed for filing of proofs of claim against the assets of the insurer, or   [PL 1969, c. 132, §1 (NEW).]B. There is a surplus and the liquidation is thereafter conducted upon the basis that the insurer is solvent.   [PL 1969, c. 132, §1 (NEW).][PL 1969, c. 132, §1 (NEW).] 2.  Where an insurer has been so adjudicated to be insolvent, any person who has a cause of action against an insured of the insurer, shall have the right to file a claim in the liquidation proceeding, regardless of the fact that the claim may be contingent, and the claim may be allowed:   A. If it may be reasonably inferred from the proof presented upon the claim that such person would be able to obtain a judgment upon such cause of action against such insured; and   [PL 1969, c. 132, §1 (NEW).]B. If such person furnishes suitable proof, unless the court for good cause shown otherwise directs, that no further valid claims against the insurer arising out of the person's cause of action other than those already presented can be made; and   [RR 2021, c. 1, Pt. B, §371 (COR).]C. If the total liability of the insurer to all claimants arising out of the same act of its insured shall be no greater than its maximum liability would be were it not in liquidation.   [PL 1969, c. 132, §1 (NEW).][RR 2021, c. 1, Pt. B, §371 (COR).] 3.  No judgment against such an insurer, referred to in subsection 2, taken after the date of the entry of the liquidation order shall be considered in the liquidation proceedings as evidence of liability, or of the amount of damages, and no judgment against an insured taken by default, inquest or by collusion prior to the entry of the liquidation order shall be considered as conclusive evidence in the liquidation proceeding either of the liability of the insured to such person upon such cause of action or of the amount of damages to which such person is therein entitled.   [PL 1969, c. 132, §1 (NEW).] 4.  A claim of any secured claimant may not be allowed at a sum greater than the difference between the value of the claim without security and the value of the security itself as of the date of the entry of the order of liquidation or such other date set by the court for the fixation of rights and liabilities as provided in section 4376 unless the claimant surrenders the claimant's security to the liquidator and in which event the claim must be allowed in the full amount for which it is valued.   [RR 2021, c. 1, Pt. B, §372 (COR).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §§371, 372 (COR).
24-A ME Rev Stat § 4380 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4380. Subordination of claims for noncooperation

 §4380. Subordination of claims for noncooperation If an ancillary receiver, by whatever name called, in another state or foreign country fails to transfer to the domiciliary liquidator in this State any assets within the ancillary receiver's control other than special deposits, diminished only by the expenses, if any, of the ancillary receivership, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, must be placed in the class of claims under section 4379, subsection 8.   [RR 2021, c. 1, Pt. B, §374 (COR).]SECTION HISTORY PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §374 (COR).
24-A ME Rev Stat § 4381 (2021)
2021 Maine Revised Statutes|TITLE 24-A: MAINE INSURANCE CODE|Chapter 57: DELINQUENT INSURERS|Subchapter 1: REHABILITATION AND LIQUIDATION|24-A §4381. Offsets

 §4381. Offsets 1.  In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, such credits and debts shall be set off and the balance only shall be allowed or paid, except as provided in subsection 2.   [PL 1969, c. 132, §1 (NEW).] 2.  No offset shall be allowed in favor of any such person where:   A. The obligation of the insurer to such person would not at the date of the entry of any liquidation order or otherwise, as provided in section 4376, entitle such person to share as a claimant in the assets of the insurer; or   [RR 2021, c. 1, Pt. B, §375 (COR).]B. The obligation of the insurer to such person was purchased by or transferred to such person with a view of its being used as an offset, or   [PL 1969, c. 132, §1 (NEW).]C. The obligation of such person is to pay an assessment levied against the members of a mutual insurer, or against the subscribers of a reciprocal insurer, or is to pay a balance upon the subscription to the capital stock of a stock insurer.   [PL 1969, c. 132, §1 (NEW).][RR 2021, c. 1, Pt. B, §375 (COR).] SECTION HISTORY PL 1969, c. 132, §1 (NEW). RR 2021, c. 1, Pt. B, §375 (COR).