reglab/housing_qa huggingface dataset:
AL Code § 27-32-15 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-15 - Conduct of Delinquency Proceedings - Domestic and Alien Insurers.

Section 27-32-15Conduct of delinquency proceedings - Domestic and alien insurers. (a) Whenever under this chapter a receiver is to be appointed in delinquency proceedings for a domestic or alien insurer, the court shall appoint the commissioner as such receiver. The court shall order the commissioner forthwith to take possession of the assets of the insurer and to administer the same under the orders of the court. (b) As a domiciliary receiver, the commissioner 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, wherever located, as of the date of entry of the order directing him to rehabilitate or liquidate a domestic insurer or to liquidate the United States branch of an alien insurer domiciled in this state, and he shall have the right to recover the same and reduce the same to possession; except, that ancillary receivers in reciprocal states shall have, as to assets located in their respective states, the rights and powers which are prescribed in this section for ancillary receivers appointed in this state as to assets located in this state. (c) The recording of a certified copy of the order directing possession to be taken, or a certified copy thereof, in the office of the judge of probate of the county where the proceedings are pending shall impart the same notice as would be imparted by a deed, bill of sale, or other evidence of title duly filed or recorded. (d) The commissioner as domiciliary receiver shall be responsible for the proper administration of all assets coming into his possession or control. The court may at any time require a bond from him or his deputies if deemed desirable for the protection of such assets. (e) Upon taking possession of the assets of an insurer, the domiciliary receiver shall, subject to the direction of the court, immediately proceed to conduct the business of the insurer or to take such steps as are authorized by this chapter for the purpose of rehabilitating, liquidating, or conserving the affairs or assets of the insurer. (f) In connection with delinquency proceedings, the commissioner may appoint one or more special deputy commissioners to act for him, and he may employ such counsel, clerks and assistants as he deems necessary. The compensation of the special deputies, counsel, clerks, or assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the receiver, subject to the approval of the court, and shall be paid out of the funds or assets of the insurer. Within the limits of duties imposed upon them, special deputies shall possess all the powers given to and, in the exercise of those powers, shall be subject to all of the duties imposed upon the receiver with respect to such proceedings. (Acts 1971, No. 407, p. 707, §634.)
AL Code § 27-32-16 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-16 - Conduct of Delinquency Proceedings - Foreign Insurers.

Section 27-32-16Conduct of delinquency proceedings - 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 Section 27-32-10: (1) If he 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 he 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. He 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 he shall promptly transfer to the domiciliary receiver. Subject to the foregoing provisions, the ancillary receiver and his 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 maintain an action in this state to recover any assets of such insurer to which he may be entitled under the laws of this state. (Acts 1971, No. 407, p. 707, §635.)
AL Code § 27-32-17 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-17 - Claims in Delinquency Proceedings - Nonresidents Against Domestic Insurers.

Section 27-32-17Claims in delinquency proceedings - 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) Controverted claims belonging to claimants residing in reciprocal states may either: (1) Be proved in this state; or (2) If ancillary proceedings have been commenced in such reciprocal states, may be proved in those proceedings. In the event a claimant elects to prove his 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 27-32-18 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. (Acts 1971, No. 407, p. 707, §636.)
AL Code § 27-32-18 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-18 - Claims in Delinquency Proceedings - Residents Against Foreign Insurers.

Section 27-32-18Claims in delinquency proceedings - Residents 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) Controverted claims belonging to claimants residing in this state may either: (1) Be proved in the domiciliary state as provided by the law of that state; or (2) If ancillary proceedings have been commenced in this state, be proved in those proceedings. In the event that any such claimant elects to prove his claim in this state, he shall file his 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 his intention to contest such claim, he 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. (Acts 1971, No. 407, p. 707, §637.)
AL Code § 27-32-19 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-19 - Claims in Delinquency Proceedings - Form; Time; Notice and Hearing; Order.

Section 27-32-19Claims in delinquency proceedings - Form; time; notice and hearing; order. (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 his 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, for good cause shown, fix, the receiver shall report the claim to the court, specifying in such report his 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. (Acts 1971, No. 407, p. 707, §638.)
AL Code § 27-32-20 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-20 - Claims in Delinquency Proceedings - Priorities.

Section 27-32-20Claims in delinquency proceedings - Priorities. (a) In a delinquency proceeding against an insurer domiciled in this state, claims owing to residents of ancillary states shall be preferred claims if like claims are preferred under the laws of this state. All such claims owing to residents or nonresidents shall be given equal priority of payment from general assets regardless of where such assets are located. (b) In a delinquency proceeding against an insurer domiciled in a reciprocal state, claims owing to residents of this state shall be preferred if like claims are preferred by the laws of that state. (c) The owners of special deposit claims against an insurer for which a receiver is appointed in this or any other state shall be given priority against their several special deposits in accordance with the provisions of the statutes governing the creation and maintenance of such deposits. If there is a deficiency in any such deposit so that the claims secured thereby are not fully discharged therefrom, the claimants may share in the general assets, but such 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. (d) The owner of a secured claim against an insurer for which a receiver 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 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. If the amount of the deficiency has been adjudicated in ancillary proceedings as provided in this chapter or if it has been adjudicated by a court of competent jurisdiction in proceedings in which the domiciliary receiver has had notice and opportunity to be heard, such amounts shall be conclusive; otherwise, the amount shall be determined in the delinquency proceeding in the domiciliary state. (Acts 1971, No. 407, p. 707, §639.)
AL Code § 27-32-21 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-21 - Attachment, Garnishment, and Execution.

Section 27-32-21Attachment, garnishment, and execution. 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. (Acts 1971, No. 407, p. 707, §640.)
AL Code § 27-32-22 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-22 - Uniform Insurers Liquidation Act.

Section 27-32-22Uniform Insurers Liquidation Act. (a) Subdivisions (2) through (13) of Section 27-32-1, together with Sections 27-32-4, 27-32-5 and 27-32-15 through 27-32-22 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. (Acts 1971, No. 407, p. 707, §641.)
AL Code § 27-32-23 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-23 - Deposit of Moneys Collected.

Section 27-32-23Deposit of moneys collected. The moneys collected by the commissioner in a proceeding under this chapter shall 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 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 discretion, deposit such moneys, or any part thereof, in a national bank or trust company as a trust fund. (Acts 1971, No. 407, p. 707, §642.)
AL Code § 27-32-24 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-24 - Exemption of Commissioner From Fees.

Section 27-32-24Exemption of commissioner from fees. The commissioner shall not be required to pay any fee to any public officer in this state for filing, recording, or issuing a transcript or certificate, or authenticating any paper or instrument pertaining to the exercise by the commissioner of any of the powers or duties conferred upon him under this chapter, whether or not such paper or instrument be executed by the commissioner or his 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. (Acts 1971, No. 407, p. 707, §643.)
AL Code § 27-32-25 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-25 - Loans to Facilitate Rehabilitation, etc., of Insurer.

Section 27-32-25Loans to facilitate rehabilitation, etc., of insurer. 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 his official capacity to repay any loan made pursuant to this section. (Acts 1971, No. 407, p. 707, §644.)
AL Code § 27-32-26 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-26 - Fixation of Rights and Liabilities on Liquidation of Insurer.

Section 27-32-26Fixation of rights and liabilities on liquidation of insurer. 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. (Acts 1971, No. 407, p. 707, §645.)
AL Code § 27-32-27 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-27 - Voidable Transfers and Liens.

Section 27-32-27Voidable transfers and liens. (a) Any transfer of, or lien upon, the property of an insurer which is made or created within four months prior to the granting of an order to show cause under this chapter with the intent of giving to any creditor a preference or of enabling him to obtain a greater percentage of his debt than any other creditor of the same class and which is accepted by such creditor, having reasonable cause to believe that such preference will occur, shall be voidable. (b) Every director, officer, employee, stockholder, member, subscriber, and any other person acting on behalf of such insurer who shall be concerned in any such act or deed and every person receiving thereby any property of such insurer of the benefit thereof shall be personally liable therefor and shall be bound to account to the commissioner. (c) The commissioner, as receiver in any proceeding under this chapter, may avoid any transfer of, or lien upon, the property of an insurer which any creditor, stockholder, subscriber, or member of such insurer might have avoided and may recover the property so transferred, unless such person was a bona fide holder for value prior to the date of the entering of an order to show cause under this chapter. Such property or its value may be recovered from anyone who has received it, except a bona fide holder for value as specified in this section. (Acts 1971, No. 407, p. 707, §646.)
AL Code § 27-32-28 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-28 - Priority of Compensation Owing Employees of Insurer.

Section 27-32-28Priority of compensation owing employees of insurer. (a) Compensation actually owing to employees other than officers of an insurer, for services rendered within three months prior to the commencement of a proceeding against the insurer under this chapter, but not exceeding $500.00 for each employee, shall be paid prior to the payment of any other debt or claim and, in the discretion of the commissioner, may be paid as soon as practicable after the proceeding has been commenced; except, that at all times, the commissioner shall reserve such funds as will in his opinion be sufficient for the expenses of administration. (b) Such priority shall be in lieu of any other similar priority which may be authorized by law as to wages or compensation of such employees. (Acts 1971, No. 407, p. 707, §647.)
AL Code § 27-32-29 (2021)
2021 Code of Alabama|Title 27 - Insurance.|Chapter 32 - Rehabilitation, Reorganization, Conservation, and Liquidation of Insurers.|Section 27-32-29 - Setoff of Credits and Debts.

Section 27-32-29Setoff of credits and debts. (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. (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 Section 27-32-26, entitle him to share as a claimant in the assets of the insurer; (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. (Acts 1971, No. 407, p. 707, §648.)