reglab/housing_qa huggingface dataset:
MS Code § 83-24-13 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-13. Cooperation with Commissioner of Insurance; penalty for obstructing or interfering with proceedings; hearings

  Any officer, manager, director, trustee, owner, employee or agent of any insurer, or any other persons with authority over or in charge of any segment of the insurer's affairs, shall cooperate with the commissioner in any proceeding under this chapter or any investigation preliminary to the proceeding. The term "person" as used in this section shall include any person who exercises control, directly or indirectly, over activities of the insurer through any holding company or other affiliate of the insurer. "To cooperate" shall include, but shall not be limited to, the following:   To reply promptly in writing to any inquiry from the commissioner requesting such a reply; and   To make available to the commissioner any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his possession, custody or control.     No person shall obstruct or interfere with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto.   This section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation or other delinquency proceedings, or other orders.   Any person included within subsection (1) who fails to cooperate with the commissioner, or any person who obstructs or interferes with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order the commissioner issued validly under this chapter, may:   Be sentenced to pay a fine not exceeding Ten Thousand Dollars ($10,000.00) or to undergo imprisonment for a term of not more than one (1) year, or both; or   After a hearing, be subject to the imposition by the commissioner of a civil penalty not to exceed Ten Thousand Dollars ($10,000.00) and shall be subject further to the revocation or suspension of any insurance licenses issued by the commissioner.
MS Code § 83-24-15 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-15. Commencement of proceedings under former law; application of current provisions

 Every proceeding commenced under the laws in effect before the enactment of this chapter shall be deemed to have commenced under this chapter for the purpose of conducting the proceeding henceforth, except that in the discretion of the commissioner the proceeding may be continued, in whole or in part, as it would have been continued had this chapter not been enacted.
MS Code § 83-24-17 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-17. Restrictions on insurer after commencement of delinquency proceedings

 No insurer that is subject to any delinquency proceedings, whether formal or informal (administrative or judicial), shall:   Be released from such proceeding unless such proceeding is converted into a judicial rehabilitation or liquidation proceeding;   Be permitted to solicit or accept new business or request or accept the restoration of any suspended or revoked license or certificate of authority;   Be returned to the control of its shareholders or private management; or   Have any of its assets returned to the control of its shareholders or private management until all payments of or on account of the insurer's contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty association.
MS Code § 83-24-19 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-19. Petition for court order for formal delinquency proceeding; content of order; ex parte order; duration of order; affect on contractual obligations; hearings; review of order; notice

  The commissioner may file in the chancery court a petition alleging, with respect to a domestic insurer:   That there exists any grounds that would justify a court order for a formal delinquency proceeding against an insurer under this chapter;   That the interests of policyholders, creditors or the public will be endangered by delay; and   The contents of an order deemed necessary by the commissioner.     Upon a filing under subsection (1), the court may issue forthwith, ex parte and without a hearing, the requested order which shall direct the commissioner to take possession and control of all or a part of the property, books, accounts, documents, and other records of an insurer, and of the premises occupied by it for transaction of its business; and until further order of the court enjoin the insurer and its officers, managers, agents and employees from disposition of its property and from the transaction of its business except with the written consent of the commissioner.   The court shall specify in the order what its duration shall be, which shall be such time as the court deems necessary for the commissioner to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold such hearings as it deems desirable after such notice as it deems appropriate, and may extend, shorten or modify the terms of the seizure order. The court shall vacate the seizure order if the commissioner fails to commence a formal proceeding under this chapter after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this chapter shall ipso facto vacate the seizure order.   Entry of a seizure order under this section shall not constitute an anticipatory breach of any contract of the insurer.   An insurer subject to an ex parte order under this section may petition the court at any time after the issuance of such order for a hearing and review of the order. The court shall hold such a hearing and review not more than fifteen (15) days after the request. A hearing under this subsection may be held privately in chambers and it shall be so held if the insurer proceeded against so requests.   If, at any time after the issuance of such an order, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given shall not stay the effect of any order previously issued by the court.
MS Code § 83-24-21 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-21. Confidentiality of records pertaining to proceedings

 In all proceedings and judicial reviews under Section 83-24-19, all records of the insurer, other documents, and all insurance department files and court records and papers, so far as they pertain to or are a part of the record of the proceedings, shall be and remain confidential except as is necessary to obtain compliance therewith, unless and until the chancery court, after hearing arguments from the parties in chambers, shall order otherwise; or unless the insurer requests that the matter be made public. Until such court order, all papers filed with the clerk of the chancery court shall be held by him in a confidential file.
MS Code § 83-24-25 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-25. Rehabilitator designated; affect of order of rehabilitation; affect on contractual obligations

  An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the commissioner and his successors in office the rehabilitator, and shall direct the rehabilitator forthwith to take possession of the assets of the insurer, and to administer them under the general supervision of the court. The filing or recording of the order with the Clerk of the Chancery Court of the First Judicial District of Hinds County or of the county in which the principal business of the company is conducted, 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 clerk would have imparted. The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator.   Any order issued under this section shall require accountings to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order, but no less frequently than semiannually. Each accounting shall include a report concerning the rehabilitator's opinion as to the likelihood that a plan will be prepared by the rehabilitator and the timetable for doing so.   Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer nor shall it be grounds for retroactive revocation or retroactive cancellation of any contracts of the insurer, unless such revocation or cancellation is done by the rehabilitator pursuant to Section 83-24-27.
MS Code § 83-24-29 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-29. Stay of action or proceeding; statute of limitations; defense of laches; standing to appear in proceedings

  Any court in this state before which any action or proceeding is pending in which the insurer is a party or is obligated to defend a party when a rehabilitation order against the insurer is entered, shall stay the action or proceeding for ninety (90) days and such additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take such action respecting the pending litigation as he deems necessary in the interests of justice and for the protection of creditors, policyholders and the public. The rehabilitator shall immediately consider all litigation pending outside this state and shall petition the courts having jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer.   No statute of limitations or defense of laches shall run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty (60) days after the order of rehabilitation is entered or the petition is denied. The rehabilitator may, upon an order for rehabilitation, within one (1) year or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered.   Any guaranty association or foreign guaranty association covering life or health insurance or annuities shall have standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if such association is or may become liable to act as a result of the rehabilitation.
MS Code § 83-24-31 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-31. Petition for order of liquidation; order of liquidation on grounds of insolvency; petition for order terminating rehabilitation of insurer; restoration of insurer's interest

  Whenever the commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders or the public, or would be futile, the commissioner may petition the court for an order of liquidation. A petition under this subsection shall have the same effect as a petition under Section 83-24-33. The court shall permit the directors of the insurer to take such actions as are reasonably necessary to defend against the petition and may order payment from the estate of the insurer of such costs and other expenses of defense as justice may require.   The protection of the interests of insureds, claimants and the public requires the timely performance of all insurance policy obligations. If the payment of policy obligations is suspended in substantial part for a period of six (6) months at any time after the appointment of the rehabilitator and the rehabilitator has not filed an application for approval of a plan under Section 83-24-27, the rehabilitator shall petition the court for an order of liquidation on grounds of insolvency.   The rehabilitator may at any time petition the court for an order terminating rehabilitation of an insurer. The court shall also permit the directors of the insurer to petition the court for an order terminating rehabilitation of the insurer and may order payment from the estate of the insurer of such costs and other expenses of such petition as justice may require. If the court finds that rehabilitation has been accomplished and that grounds for rehabilitation under Section 83-24-23 no longer exist, it shall order that the insurer be restored to possession of its property and the control of the business. The court may also make that finding and issue that order at any time upon its own motion.
MS Code § 83-24-33 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-33. Petition for order directing liquidation; grounds

 The commissioner may petition the court for an order directing him to liquidate a domestic insurer or an alien insurer domiciled in this state on the basis:   Of any ground for an order of rehabilitation as specified in Section 83-24-23, whether or not there has been a prior order directing the rehabilitation of the insurer;   That the insurer is insolvent; or   That the insurer is in such condition that the further transaction of business would be hazardous, financially or otherwise, to its policyholders, its creditors or the public.
MS Code § 83-24-37 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-37. Continuation of insurer's obligations; termination of coverages

  All policies, including bonds and other noncancellable business, other than life or health insurance or annuities, in effect at the time of issuance of an order of liquidation shall continue in force only for the lesser of:   A period of thirty (30) days from the date of entry of the liquidation orders;   The expiration of the policy coverage;   The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy;   The liquidator has effected a transfer of the policy obligation pursuant to Section 83-24-41; or   The date proposed by the liquidator and approved by the court to cancel coverage.     An order for liquidation under Section 83-24-39 shall terminate coverages at the time specified in subsection (1) of this section for purposes of any other statute.   Policies of life or health insurance or annuities shall continue in force for such period and under such terms as is provided for by any applicable guaranty association or foreign guaranty association.   Policies of life or health insurance or annuities or any period or coverage of such policies not covered by a guaranty association or foreign guaranty association shall terminate under subsections (1) and (2).
MS Code § 83-24-39 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-39. Petition for order to dissolve corporate existence

 The commissioner may petition for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time he applies for a liquidation order. The court shall order dissolution of the corporation upon petition by the commissioner upon or after the granting of a liquidation order. If the dissolution has not previously been ordered, it shall be effected by operation of law upon the discharge of the liquidator if the insurer is insolvent but may be ordered by the court upon the discharge of the liquidator if the insurer is under a liquidation order for some other reason.
MS Code § 83-24-43 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-43. Notice of liquidation order; filing claims with liquidator

  Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible:   By first class mail and either by telegram or telephone to the insurance commissioner of each jurisdiction in which the insurer is doing business;   By first class mail to any guaranty association or foreign guaranty association which is or may become obligated as a result of the liquidation;   By first class mail to all insurance agents of the insurer;   By first class mail to all persons known or reasonably expected to have claims against the insurer, including all policyholders, at their last known address as indicated by the records of the insurer; and   By publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in such other locations as the liquidator deems appropriate.     Except as otherwise established by the liquidator with approval of the court, notice to potential claimants under subsection (1) shall require claimants to file with the liquidator their claims, together with proper proofs thereof under Section 83-24-71, on or before a date the liquidator shall specify in the notice. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants shall have a duty to keep the liquidator informed of any changes of address.     Notice under subsection (1) to agents of the insurer and to potential claimants who are policyholders shall include, where applicable, notice that coverage by state guaranty associations may be available for all or part of policy benefits in accordance with applicable state guaranty laws.   The liquidator shall promptly provide to the guaranty associations such information concerning the identities and addresses of such policyholders and their policy coverages as may be within the liquidator's possession or control, and otherwise cooperate with guaranty associations to assist them in providing to such policyholders timely notice of the guaranty associations' coverage of policy benefits, including, as applicable, coverage of claims and continuation or termination of coverages.     If notice is given in accordance with this section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice.
MS Code § 83-24-45 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-45. Agent of insurer; duties following notice of liquidation; penalties

  Every person who receives notice in the form prescribed in Section 83-24-43 that an insurer which he represents as an agent is the subject of a liquidation order shall, within thirty (30) days of such notice provide to the liquidator (in addition to the information he may be required to provide pursuant to Section 83-24-13) the information in the agent's records related to any policy issued by the insurer through the agent, and, if the agent is a general agent, the information in the general agent's records related to any policy issued by the insurer through an agent under contract to him, including the name and address of such subagent. A policy shall be deemed issued through an agent if the agent has a property interest in the expiration of the policy, or if the agent has had in his possession a copy of the declarations of the policy at any time during the life of the policy, except where the ownership of the expiration of the policy has been transferred to another.   Any agent failing to provide information to the liquidator as required in subsection (1) may be subject to payment of a penalty of not more than One Thousand Dollars ($1,000.00) and may have his licenses suspended after a hearing held by the commissioner.
MS Code § 83-24-47 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 24 - Insurers Rehabilitation and Liquidation Act|§ 83-24-47. Action or proceeding against insurer after order appointing liquidator prohibited; injunctions; action on behalf of insurer; limitation of actions; rights of guaranty association

  Upon issuance of an order appointing a liquidator of a domestic insurer or of an alien insurer domiciled in this state, no action at law or equity or in arbitration shall be brought against the insurer or liquidator, whether in this state or elsewhere, nor shall any such existing actions be maintained or further presented after issuance of such order. The courts of this state shall give full faith and credit to injunctions against the liquidator or the company or the continuation of existing actions against the liquidator or the company, when such injunctions are included in an order to liquidate an insurer issued pursuant to corresponding provisions in other states. Whenever, in the liquidator's judgment, protection of the estate of the insurer necessitates intervention in an action against the insurer that is pending outside this state, he may intervene in the action. The liquidator may defend any action in which he intervenes under this section at the expense of the estate of the insurer.   The liquidator may, upon or after an order for liquidation, within two (2) years or such other longer time as applicable law may permit, institute an action or proceeding on behalf of the estate of the insurer upon any cause of action against which the period of limitation fixed by applicable law has not expired at the time of the filing of the petition upon which such order is entered. Where, by any agreement, a period of limitation is fixed for instituting a suit or proceeding upon any claim, or for filing any claim, proof of claim, proof of loss, demand, notice, or the like, or where in any proceeding, judicial or otherwise, a period of limitation is fixed, either in the proceeding or by applicable law, for taking any action, filing any claim or pleading, or doing any act, and where in any such case the period had not expired at the date of the filing of the petition; the liquidator may, for the benefit of the estate, take any such action or do any such act required of or permitted to the insurer, within a period of one hundred eighty (180) days subsequent to the entry of an order for liquidation, or within such further period as is shown to the satisfaction of the court not to be unfairly prejudicial to the other party.   No statute of limitation or defense of laches shall run with respect to any action against an insurer between the filing of a petition for liquidation against an insurer and the denial of the petition. Any action against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty (60) days after the petition is denied.   Any guaranty association or foreign guaranty association shall have standing to appear in any court proceeding concerning the liquidation of an insurer if such association is or may become liable to act as a result of the liquidation.