reglab/housing_qa huggingface dataset:
18 DE Code § 5905. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5905. Grounds for rehabilitation; domestic insurers.

§ 5905. Grounds for rehabilitation; domestic insurers. The Commissioner may apply to the court for an order appointing the Commissioner as receiver of and directing the Commissioner to rehabilitate a domestic insurer upon one or more of the following grounds, if the insurer:  (1) Is impaired or insolvent or is in unsound condition or in such condition or using such methods and practices in the conduct of its business as to render its further transaction of insurance presently or prospectively hazardous to its policyholders; (2) Has refused to submit any of its books, records, accounts or affairs to reasonable examination by the Commissioner; (3) Has concealed or removed records or assets; (4) Has failed to comply with an order of the Commissioner to make good an impairment of capital or surplus or both; (5) Has transferred or attempted to transfer substantially its entire property or business or has entered into any transaction the effect of which is to merge substantially its entire property or business in that of any other insurer without having first obtained the written approval of the Commissioner; (6) Has wilfully violated its charter or certificate of incorporation or any law of this State; (7) Has an officer, director or manager who has refused to be examined under oath concerning its affairs, for which purposes the Commissioner is hereby authorized to conduct and to enforce by all appropriate and available means any such examination under oath in any other state or territory of the United States in which any such officer, director or manager may then presently be to the full extent permitted by the laws of such other state or territory, this special authorization considered; (8) Has been or is the subject of an application for the appointment of a receiver, trustee, custodian or sequestrator of the insurer or its property otherwise than pursuant to the provisions of this title, but only if such appointment has been made or is imminent and its effect is or would be to oust the courts of this State of jurisdiction hereunder; (9) Has consented to such an order through a majority of the directors, stockholders, members or subscribers; and (10) Has failed to pay a final judgment rendered against it in this State upon any insurance contract issued or assumed by it within 30 days after the judgment became final or within 30 days after the time for taking an appeal has expired or within 30 days after dismissal of an appeal before final termination, whichever date is the later.18 Del. C. 1953, §  5905;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5906. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5906. Grounds for liquidation.

§ 5906. Grounds for liquidation. The Commissioner may apply to the court for an order appointing the Commissioner as receiver (if the Commissioner appointment as receiver shall not be then in effect) and directing the Commissioner to liquidate the business of a domestic insurer or of the United States branch of an alien insurer having trusteed assets in this State, regardless of whether or not there has been a prior order directing the Commissioner to rehabilitate such insurer, upon any of the grounds specified in § 5905 of this title or if such insurer:  (1) Has ceased transacting business for a period of 1 year, or (2) Is an insolvent insurer and has commenced voluntary liquidation or dissolution or attempts to commence or prosecute any action or proceeding to liquidate its business or affairs or to dissolve its corporate charter or to procure the appointment of a receiver, trustee, custodian or sequestrator under any law except this title.18 Del. C. 1953, §  5906;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5907. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5907. Grounds for conservation; foreign insurers.

§ 5907. Grounds for conservation; foreign insurers. The Commissioner may apply to the court for an order appointing the Commissioner as receiver or ancillary receiver and directing him or her to conserve the assets within this State, of a foreign insurer upon any of the following grounds:  (1) Upon any of the grounds specified in § 5905 or § 5906 of this title, or (2) Upon the ground that its property has been sequestrated in its domiciliary sovereignty or in any other sovereignty.18 Del. C. 1953, §  5907;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5908. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5908. Grounds for conservation — Alien insurers.

§ 5908. Grounds for conservation — Alien insurers. The Commissioner may apply to the court for an order appointing the Commissioner as receiver or ancillary receiver and directing the Commissioner to conserve the assets within this State of any alien insurer upon any of the following grounds:  (1) Upon any of the grounds specified in § 5905 or § 5906 of this title; (2) Upon the ground that the insurer has failed to comply within the time designated by the Commissioner with an order made by the Commissioner to make good an impairment of its trusteed funds; or (3) Upon the ground that the property of the insurer has been sequestrated in its domiciliary sovereignty or elsewhere.18 Del. C. 1953, §  5908;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5909. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5909. Grounds for ancillary liquidation; foreign insurers.

§ 5909. Grounds for ancillary liquidation; foreign insurers. The Commissioner may apply to the court for an order appointing the Commissioner as ancillary receiver of and directing the Commissioner to liquidate the business of a foreign insurer having assets, business or claims in this State upon the appointment in the domiciliary state of such insurer of a receiver, liquidator, conservator, rehabilitator or other officer by whatever name called for the purpose of liquidating the business of such insurer. 18 Del. C. 1953, §  5909;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5910. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5910. Order of rehabilitation; termination.

§ 5910. Order of rehabilitation; termination. (a) An order to rehabilitate a domestic insurer shall direct the Commissioner forthwith to take possession of the property of the insurer and to conduct the business thereof and to take such steps toward removal of the causes and conditions which have made rehabilitation necessary as the court may direct. (b) If at any time the Commissioner deems that further efforts to rehabilitate the insurer would be useless, the Commissioner may apply to the court for an order of liquidation. (c) The Commissioner or any interested person upon due notice to the Commissioner at any time may apply to the court for an order terminating the rehabilitation proceedings and permitting the insurer to resume possession of its property and the conduct of its business, but, no such order shall be made or entered except when, after a hearing, the Court has determined that the purposes of the proceeding have been fully accomplished. 18 Del. C. 1953, §  5910;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5912. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5912. Order of conservation or ancillary liquidation of foreign or alien insurers.

§ 5912. Order of conservation or ancillary liquidation of foreign or alien insurers. (a) An order to conserve the assets of a foreign or alien insurer shall require the Commissioner forthwith to take possession of the property of the insurer within this State and to conserve it, subject to the further direction of the court. (b) An order to liquidate the assets in this State of a foreign insurer shall require the Commissioner forthwith to take possession of the property of the insurer within this State and to liquidate it subject to the orders of the court and with due regard to the rights and powers of the domiciliary receiver, as provided in this chapter. 18 Del. C. 1953, §  5912;  56 Del. Laws, c. 380, §  1;
18 DE Code § 5914. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5914. Conduct of delinquency proceedings against foreign insurers.

§ 5914. Conduct of delinquency proceedings against foreign insurers. (a) 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 Commissioner as ancillary receiver. The Commissioner shall file a petition requesting the appointment on the grounds set forth in § 5909 of this title:  (1) If the Commissioner finds that there are sufficient assets of the insurer located in this State to justify the appointment of an ancillary receiver, or (2) If 10 or more persons resident in this State having claims against such insurer file a petition with the Commissioner requesting the appointment of such ancillary receiver. (b) The domiciliary receiver for the purpose of liquidating an insurer domiciled in a reciprocal state shall be 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 such receiver shall have 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 shall also be 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 shall during the ancillary receivership proceedings have 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 which are proved and allowed in the ancillary proceedings in this State and shall pay the necessary expenses of the proceedings. All remaining assets shall promptly transfer to the domiciliary receiver. Subject to the foregoing provisions, the ancillary receiver and the ancillary receiver's deputies shall have the same powers and be subject to the same duties with respect to the administration of such assets as a receiver of an insurer domiciled in this State. (c) 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. 18 Del. C. 1953, §  5914;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5915. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5915. Claims of nonresidents against domestic insurers.

§ 5915. Claims of nonresidents against domestic insurers. (a) 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. All such claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceedings. (b) (1) Controverted claims belonging to claimants residing in reciprocal states may either:  a. Be proved in this State; or b. If ancillary proceedings have been commenced in such reciprocal states may be proved in those proceedings. (2) In the event a claimant elects to prove a 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 § 5916 of this title with respect to ancillary proceedings in this State, the final allowance of such claim by the courts in the ancillary state shall be accepted in this State as conclusive as to its amount and shall also be accepted as conclusive as to its priority, if any, against special deposits or other security located within the ancillary state.18 Del. C. 1953, §  5915;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5916. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5916. Claims against foreign insurers.

§ 5916. Claims against foreign insurers. (a) 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. (b) (1) 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 b. If ancillary proceedings have been commenced in this State, be proved in those proceedings. (2) In the event that any such claimant elects to prove a claim in this State, such claimant shall file a 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 shall 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 shall give 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 shall be 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 shall be accepted as conclusive as to its amount and shall also be accepted as conclusive as to its priority, if any, against special deposits or other security located within this State.18 Del. C. 1953, §  5916;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5917. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5917. Form of claim; notice; hearing.

§ 5917. Form of claim; notice; hearing. (a) All claims against an insurer against which delinquency proceedings have been begun shall 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 shall 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 shall be supported by such documents as may be material thereto. (b) 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. (c) 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 shall specify, shall give such notice as the court shall determine to such persons as shall appear to the court to be interested therein. All such notices shall specify the time and place of the hearing and shall concisely state the amount and nature of the claim, the priorities asserted, if any, and the recommendation of the receiver with reference thereto. (d) 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. 18 Del. C. 1953, §  5917;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5919. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5919. Attachment and garnishment of assets.

§ 5919. 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 4 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. 18 Del. C. 1953, §  5919;  56 Del. Laws, c. 380, §  1;
18 DE Code § 5920. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5920. Uniform Insurers Liquidation Act.

§ 5920. Uniform Insurers Liquidation Act. (a) Section 5901(2)-(13) inclusive, together with §§ 5902, 5903 and 5913-5920 of this title constitute and may be referred to as the Uniform Insurers Liquidation Act. (b) The Uniform Insurers Liquidation Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. To the extent that its provisions when applicable conflict with other provisions of this chapter, the provisions of such act shall control. 18 Del. C. 1953, §  5920;  56 Del. Laws, c. 380, §  1;
18 DE Code § 5921. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5921. Deposit of moneys collected.

§ 5921. Deposit of moneys collected. The moneys collected by the Commissioner in a proceeding under this chapter shall be from time to time deposited in 1 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 which is an institution organized and supervised under the laws of this State, such deposits shall be entitled to priority of payment on an equality with any other priority given by the banking laws of this State. The Commissioner may in his or her discretion deposit such moneys or any part thereof in a national bank or trust company as a trust fund. 18 Del. C. 1953, §  5921;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5922. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5922. Exemption from fees.

§ 5922. Exemption from fees. The Commissioner shall not be required to pay any fee to any public officer in this State for filing, recording, issuing a transcript or certificate authenticating any paper or instrument pertaining to the exercise by the Commissioner of any of the powers or duties conferred upon the Commissioner under this chapter, whether or not such paper or instrument is executed by the Commissioner or the Commissioner'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 Commissioner or with the subsequent conduct of such action or proceeding. 18 Del. C. 1953, §  5922;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5923. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5923. Borrowing on pledge of assets.

§ 5923. Borrowing on pledge of assets. For the purpose of facilitating the rehabilitation, liquidation, conservation or dissolution of an insurer pursuant to this chapter, the Commissioner 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 Commissioner, subject to the approval of the court, shall have power to take any and all other action necessary and proper to consummate any such loan and to provide for the repayment thereof. The Commissioner shall be under no obligation personally or in an official capacity to repay any loan made pursuant to this section. 18 Del. C. 1953, §  5923;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;
18 DE Code § 5924. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5924. Date rights fixed on liquidation.

§ 5924. 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 the provisions of this chapter with respect to the rights of claimants holding contingent claims. 18 Del. C. 1953, §  5924;  56 Del. Laws, c. 380, §  1;
18 DE Code § 5926. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5926. Priority of claims for compensation.

§ 5926. Priority of claims for compensation. Repealed by 72 Del. Laws, c. 400, § 2, effective July 6, 2000. For present law, see §§ 4211(b) and 5918(e) of this title.
18 DE Code § 5927. (2021)
2021 Delaware Code|Title 18 - Insurance Code|Chapter 59. Rehabilitation and Liquidation|Subchapter I. General Provisions|§ 5927. Offsets.

§ 5927. Offsets. (a) 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 (b) of this section below. (b) No offset shall be allowed in favor of any such person where:  (1) 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 § 5924 of this title, entitle such person to share as a claimant in the assets of the insurer; or (2) 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 (3) 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.18 Del. C. 1953, §  5927;  56 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 186, §  1;