reglab/housing_qa huggingface dataset:
NJ Rev Stat § 17B:32-79 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-79 - Grounds for appointment of conservator

17B:32-79. Grounds for appointment of conservator  49. a. If a domiciliary liquidator has not been appointed, the commissioner may apply to the Superior Court by verified petition for an order directing him to act as conservator 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:  (1) Any of the grounds in section 11 of this act; (2) That any of its property has been sequestered by official action in its domiciliary state, or in any other state;  (3) 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the insurer is or may become insolvent;  (4) (a) That its certificate of authority to do business in this State has been revoked or that none was ever issued; and  (b) That there are residents of this State with outstanding claims or outstanding policies.  b. When an order is sought under subsection a. of this section, the court shall give the insurer notice and time to respond thereto as is reasonable under the circumstances.  c. The court may issue the order in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of the Superior Court or the recorder of deeds of the county in which the principal business of the insurer is located, shall impart the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.  d. The conservator may at any time petition for and the court may grant an order under section 50 of this act to liquidate assets of a foreign or alien insurer under conservation, or, if appropriate, for an order under section 52 of this act, to be appointed ancillary receiver.  e. 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 motion of any interested party, but if such motion is denied all costs shall be assessed against that party.  L.1992,c.65,s.49.
NJ Rev Stat § 17B:32-80 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-80 - Grounds for liquidation of assets of insurer

17B:32-80. Grounds for liquidation of assets of insurer  50. a. If no domiciliary receiver has been appointed, the commissioner may apply to the Superior Court 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:  (1) Any of the grounds in section 11 or 16 of this act; or (2) Any of the grounds specified in paragraphs (2) through (4) of subsection a. of section 49 of this act.  b. When an order is sought under subsection a. of this section, the court shall give the insurer notice and time to respond thereto as is reasonable under the circumstances.  c. If it shall appear to the court that the best interests of creditors, policyholders and the public require, the court may issue an order to liquidate in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of the Superior Court or the recorder of deeds of the county in which the principal business of the insurer is located or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.  d. 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 section 52 of this act. 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 section 52 of this act.  e. On the same grounds as are specified in subsection a. of this section, 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.  f. The court may order the commissioner, when he has liquidated the assets of a foreign or alien insurer under this section, to pay claims of residents of this State against the insurer under such rules as to the liquidation of insurers under this act as are otherwise compatible with the provisions of this section.  L.1992,c.65,s.50.
NJ Rev Stat § 17B:32-81 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-81 - Vesting of title with domiciliary liquidator

17B:32-81. Vesting of title with domiciliary liquidator  51. a. The domiciliary liquidator of an insurer domiciled in a reciprocal state shall, except as to special deposits and security on secured claims under subsection c. of section 52 of this act, be vested by operation of law with the title to all of the assets, property, contracts and rights of action, agents' balances, and all of the books, accounts and other records of the insurer located in this State. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts and other records of the insurer located in this State. He also shall have the right to recover all other assets of the insurer located in this State, subject to the provisions of section 52 of this act.  b. If a domiciliary liquidator is appointed for an insurer not domiciled in a reciprocal state, the commissioner of this State shall be vested by operation of law with the title to all of the property, contracts and right of action, and all of the books, accounts and other records of the insurer located in this State, at the same time that the domiciliary liquidator is vested with title in the domicile. The commissioner of this State may petition for a conservation or liquidation order under section 49 or 50 of this act, or for an ancillary receivership under section 52 of this act, or after approval by the Superior Court may transfer title to the domiciliary liquidator, as the interests of justice and the equitable distribution of the assets require.  c. Claimants residing in this State may file claims with the liquidator or ancillary receiver, if any, in this State or with the domiciliary liquidator, if the domiciliary law permits. The claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.  L.1992,c.65,s.51.
NJ Rev Stat § 17B:32-82 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-82 - Petition for appointment as ancillary receiver

17B:32-82. Petition for appointment as ancillary receiver  52. a. If a domiciliary liquidator has been appointed for an insurer not domiciled in this State, the commissioner may file a petition with the Superior Court requesting appointment as ancillary receiver in this State:  (1) If he finds that there are sufficient assets of the insurer located in this State to justify the appointment of an ancillary receiver;  (2) If the protection of creditors or policyholders in this State so requires.  b. The court may issue an order appointing an ancillary receiver in whatever terms it shall deem appropriate. The filing or recording of the order with the recorder 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 recorder of deeds.  c. When a domiciliary liquidator has been appointed in a reciprocal state, then the ancillary receiver appointed in this State may, whenever necessary, aid and assist the domiciliary liquidator in recovering assets of the insurer located in this State. 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. He shall promptly transfer all remaining assets, books, accounts and records to the domiciliary liquidator. Subject to this section, the ancillary receiver and his deputies shall have the same powers and be subject to the same duties with respect to the administration of assets as a liquidator of an insurer domiciled in this State.  d. When a domiciliary liquidator has been appointed in this State, ancillary receivers appointed in reciprocal states shall have, as to assets and books, accounts and other records in their respective states, corresponding rights, duties and powers to those provided in subsection c. of this section for ancillary receivers appointed in this State.  L.1992,c.65,s.52.
NJ Rev Stat § 17B:32-83 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-83 - Institution of proceedings

17B:32-83. Institution of proceedings  53. The commissioner in his sole discretion may institute proceedings under sections 9 and 10 of this act at the request of the commissioner or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having property located in this State.  L.1992,c.65,s.53.
NJ Rev Stat § 17B:32-84 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-84 - Claims filed in liquidation proceedings begun in State

17B:32-84. Claims filed in liquidation proceedings begun in State  54. a. In a liquidation proceeding begun in this State against an insurer domiciled in this State, claimants residing in foreign countries or in states not reciprocal states must file claims in this State, and claimants residing in reciprocal states may file claims either with the ancillary receivers, if any, in their respective states, or with the domiciliary liquidator. Claims shall be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.  b. Claims belonging to claimants residing in reciprocal states may be proved either in the liquidation proceeding in this State as provided in this act, or in ancillary proceedings, if any, in the reciprocal states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this State as provided in subsection b. of section 55 of this act with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in reciprocal states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities against general assets under section 41 of this act.  L.1992,c.65,s.54.
NJ Rev Stat § 17B:32-85 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-85 - Claims filed in liquidation proceedings in reciprocal state

17B:32-85. Claims filed in liquidation proceedings in reciprocal state  55. a. In a liquidation proceeding in a reciprocal state against an insurer domiciled in that state, claimants against the insurer who reside within this State may file claims either with the ancillary receiver, if any, in this State, or with the domiciliary liquidator. Claims shall be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.  b. Claims belonging to claimants residing in this State may be proved either in the domiciliary state under the law of that state, or in ancillary proceedings, if any, in this State. If a claimant elects to prove his claim in this State, he shall file his claim with the liquidator in the manner provided in sections 34 and 35 of this act. The ancillary receiver shall make his recommendation to the court as under section 42 of this act. He shall also arrange a date for hearing if necessary under section 38 of this act and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of his intention to contest the claim, he shall be entitled to appear or to be represented in any proceeding in this State involving the adjudication of the claim.  c. The final allowance of the claim by the courts of this State shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this State.  L.1992,c.65,s.55.
NJ Rev Stat § 17B:32-86 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-86 - Actions, proceedings prohibited during pendency of liquidation proceeding

17B:32-86. Actions, proceedings prohibited during pendency of liquidation proceeding  56. During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment or levy of execution shall be commenced or maintained in this State against the delinquent insurer or its assets.  L.1992,c.65,s.56.
NJ Rev Stat § 17B:32-87 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-87 - Order of distribution of claims

17B:32-87. Order of distribution of claims  57. a. In a liquidation proceeding in this State involving one or more reciprocal states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and reciprocal states. All claims of residents of reciprocal states shall be given equal priority of payment from general assets regardless of where such assets are located.  b. The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the laws governing the creation and maintenance of the deposits. If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.  c. The owner of a secured claim against an insurer for which a liquidator has been appointed in this or any other state may surrender his security and file his claim as a general creditor, or the claim may be discharged by resort to the security in accordance with section 40 of this act, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors, except to the extent such deficiency is treated as a Class 3 claim pursuant to subsection b. of section 41 of this act.  L.1992,c.65,s.57.
NJ Rev Stat § 17B:32-88 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-88 - Failure of ancillary receiver to transfer assets

17B:32-88. Failure of ancillary receiver to transfer assets  58. If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this State any assets within his control, other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be Class 7 claims pursuant to paragraph (7) of subsection a. of section 41 of this act.  L.1992,c.65,s.58.
NJ Rev Stat § 17B:32-89 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-89 - Persons entitled to protection

17B:32-89. Persons entitled to protection  59. a. For the purpose of this section, the following persons are entitled to protection under subsection b. of this section:  (1) All receivers responsible for the conduct of a delinquency proceeding under this act including present and former receivers; and  (2) Their employees, including all present and former special deputies and assistant special deputies appointed by the commissioner and all persons whom the commissioner, special deputies, or assistant special deputies have employed to assist in a delinquency proceeding under this act. Attorneys, accountants, auditors and other professional persons or firms who are retained by the receiver as independent contractors and their employees shall not be considered employees of the receiver for purposes of this section.  b. No person covered under subsection a. of this section shall be liable, either personally or in his official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or resulting from any alleged act, error or omission of that person arising out of or by reason of his duties as a receiver, or employment by a receiver, except that nothing in this subsection shall be deemed to grant immunity to any person causing such damage by his willful, wanton or grossly negligent act of commission or omission.  L.1992,c.65,s.59.
NJ Rev Stat § 17B:32-90 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-90 - Commissioner's powers unaffected

17B:32-90. Commissioner's powers unaffected  60. This act shall not be interpreted to limit the powers granted to the commissioner by other provisions of law.  L.1992,c.65,s.60.
NJ Rev Stat § 17B:32-91 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32-91 - Rules, regulations

17B:32-91. Rules, regulations  61. The commissioner may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate necessary rules and regulations to implement the provisions of this act.  L.1992,c.65,s.61.
NJ Rev Stat § 17B:32A-1 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-1 - Short title

17B:32A-1. Short title  1. Sections 2 through 19 of this act shall be known and may be cited as the "New Jersey Life and Health Insurance Guaranty Association Act."  L.1991,c.208,s.1.
NJ Rev Stat § 17B:32A-2 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-2 - Purpose of act

17B:32A-2. Purpose of act  2. a. The purpose of this act is to protect, subject to certain limitations, those persons specified in subsection a. of section 3 of this act from hardship because of the impairment or insolvency of any member insurer that issued the life and health insurance policies and annuity contracts specified in subsection b. of section 3 of this act.  b. To provide this protection, an association of insurers is created to pay benefits and to continue coverages, as limited by this act, and members of the association are subject to assessment to provide funds to carry out the purposes of this act.  L.1991,c.208,s.2.
NJ Rev Stat § 17B:32A-5 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-5 - New Jersey Life and Health Insurance Guaranty Association created

17B:32A-5. New Jersey Life and Health Insurance Guaranty Association created  5. a. There is created a nonprofit legal entity to be known as the New Jersey Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this State. Any member insurer shall remain a member insurer for four years after it ceases to hold a certificate of authority or license. The association shall perform its functions under the plan of operation established and approved pursuant to section 9 of this act and shall exercise its powers through the board of directors established under section 6 of this act. The association shall be under the immediate supervision of the commissioner and shall be subject to the applicable provisions of the insurance laws of this State. Meetings or records of the association may be opened to the public upon majority vote of the board of directors of the association.  b. For purposes of administration and assessment the association shall maintain two accounts:  (1) The life insurance and annuity account which shall include the following subaccounts:  (a) life insurance subaccount; (b) annuity subaccount; and (c) unallocated annuity subaccount. (2) The health insurance account. L.1991,c.208,s.5.
NJ Rev Stat § 17B:32A-6 (2021)
2021 New Jersey Revised Statutes|Title 17B - Insurance|Section 17B:32A-6 - Board of Directors of association

17B:32A-6. Board of Directors of association  6. a. There shall be a board of directors of the association which shall consist of not less than five nor more than nine member insurers serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner. To select the initial board of directors, and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member insurer shall be entitled to one vote in person or by proxy. If the board of directors is not selected within 60 days after notice of the organizational meeting, the commissioner may appoint the initial members.  b. In approving selections or appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.  c. Members of the board may be reimbursed from the assets of the association for reasonable expenses incurred by them as members of the board of directors, but members of the board shall not otherwise be compensated by the association for their services.  L.1991,c.208,s.6.