reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.3 - Insurers’ Rehabilitation and Liquidation Act › Section 27-14.3-57. - Ancillary formal proceedings.

§ 27-14.3-57. Ancillary formal proceedings.
(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 for the county of Providence requesting appointment as ancillary receiver in this state:
(1)
If he or she finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; and
(2)
If the protection of creditors or policyholders in this state requires this.
(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 recorders 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 or she shall promptly transfer all remaining assets, books, accounts, and records to the domiciliary liquidator. Subject to this section, the ancillary receiver and his or her 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.
History of Section.
P.L. 1993, ch. 248, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.3 - Insurers’ Rehabilitation and Liquidation Act › Section 27-14.3-58. - Ancillary summary proceedings.

§ 27-14.3-58. Ancillary summary proceedings.
The commissioner in his or her sole discretion may institute proceedings under § 27-14.3-10 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.
History of Section.
P.L. 1993, ch. 248, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.3 - Insurers’ Rehabilitation and Liquidation Act › Section 27-14.3-59. - Claims of nonresidents against insurers domiciled in this state.

§ 27-14.3-59. Claims of nonresidents against insurers domiciled in this state.
(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, provided a claim filing procedure is established in the ancillary proceeding, or with the domiciliary liquidator. Claims must 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 chapter, or in ancillary proceedings, if any, in the reciprocal states, provided a claim filing procedure is established in the ancillary proceeding. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in § 27-14.3-60(b) 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 the ancillary states, but shall not be conclusive with respect to priorities against general assets under § 27-14.3-46.
History of Section.
P.L. 1993, ch. 248, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.3 - Insurers’ Rehabilitation and Liquidation Act › Section 27-14.3-60. - Claims of residents against insurers domiciled in reciprocal states.

§ 27-14.3-60. Claims of residents against insurers domiciled in reciprocal states.
(a)
Promptly after the appointment of the commissioner as ancillary receiver for an insurer not domiciled in this state, the commissioner shall determine whether there are claimants residing in this state who are not protected by guaranty funds, and if so, whether the protection of those claimants requires the establishing of a claim filing procedure in the ancillary proceeding. If a claim filing procedure is established, claimants against the insurer who reside within this state may file claims with either the ancillary receiver, if any, in this state, or with the domiciliary liquidator. Claims must 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, provided a claim filing procedure is established in the ancillary proceeding. If a claimant elects to prove his or her claim in this state, he or she shall file his or her claim with the liquidator in the manner provided in §§ 27-14.3- 39 and 27-14.3-40. The ancillary receiver shall make his or her recommendation to the court as under § 27-14.3-47. He or she shall also arrange a date for a hearing if necessary under § 27-14.3-43 and shall give notice to the liquidator in the domiciliary state, either by certified mail or by personal service, at least forty (40) days prior to the date set for the hearing. If the domiciliary liquidator, within thirty (30) days after the giving of the notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or by personal service, of his or her intention to contest the claim, he or she 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.
History of Section.
P.L. 1993, ch. 248, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.3 - Insurers’ Rehabilitation and Liquidation Act › Section 27-14.3-61. - Attachment, garnishment and levy of execution.

§ 27-14.3-61. Attachment, garnishment and levy of execution.
During the pendency in this or any other state of 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.
History of Section.
P.L. 1993, ch. 248, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.3 - Insurers’ Rehabilitation and Liquidation Act › Section 27-14.3-62. - Interstate priorities.

§ 27-14.3-62. Interstate priorities.
(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 those 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 statutes 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 a percentage 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 or her security and file his or her claim as a general creditor, or the claim may be discharged by resort to the security in accordance with § 27-14.3-45, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer of the same basis as claims of unsecured creditors.
History of Section.
P.L. 1993, ch. 248, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.3 - Insurers’ Rehabilitation and Liquidation Act › Section 27-14.3-63. - Subordination of claims for noncooperation.

§ 27-14.3-63. Subordination of claims for noncooperation.
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 or her 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 placed in the class of claims under § 27-14.3-46(a)(8).
History of Section.
P.L. 1993, ch. 248, § 1; P.L. 2008, ch. 475, § 80.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.3 - Insurers’ Rehabilitation and Liquidation Act › Section 27-14.3-64. - Severability.

§ 27-14.3-64. Severability.
If any provision of this chapter or the application of any provision to any person or circumstance is for any reason held to be invalid, the remainder of the chapter and the application of the provision to other persons or circumstances shall not be affected by that invalidity.
History of Section.
P.L. 1993, ch. 248, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.3 - Insurers’ Rehabilitation and Liquidation Act › Section 27-14.3-65. - Rules and regulations.

§ 27-14.3-65. Rules and regulations.
The commissioner is empowered to adopt reasonable rules and regulations for the implementation and administration of this chapter.
History of Section.
P.L. 1993, ch. 248, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-1. - Short title.

§ 27-14.4-1. Short title.
This chapter may be cited as the “Uniform Insurers Liquidation Act”.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-3. - Director as domiciliary receiver.

§ 27-14.4-3. Director as domiciliary receiver.
Whenever under this title, including § 27-1-14, a receiver is to be appointed upon the commencement of delinquency proceedings for an insurer domiciled in this state, the superior court shall appoint the director of business regulation as the receiver. The court shall direct the receiver to immediately take possession of the assets of the insurer and to administer them under the orders of the court. The receiver may, subject to the discretion of the court, continue to be the receiver for the duration of the receivership proceedings and shall have all of the powers and duties conferred upon the receivers by law including the powers and duties set forth in chapter 1 of this title.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-4. - Title vested in domiciliary receiver — Official bond.

§ 27-14.4-4. Title vested in domiciliary receiver — Official bond.
The domiciliary receiver and his or her successors 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 possession to be taken, and the receiver shall have the right to recover that property and reduce it 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 chapter for ancillary receivers appointed in this state as to assets located in this state. The filing or recording of the order directing possession to be taken, or a certified copy of it, in the office where instruments affecting title to property are required to be filed or recorded shall impart the same notice as would be imparted by a deed, bill of sale, or other evidence of title duly filed or recorded. The domiciliary receiver shall be responsible on his or her official bond for the proper administration of all assets coming into his or her possession or control. The court may at any time require an additional bond from the receiver or his or her deputies if deemed desirable for the protection of the assets.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-5. - Administration of assets by receiver — Employment of deputies and personnel.

§ 27-14.4-5. Administration of assets by receiver — Employment of deputies and personnel.
Upon taking possession of the assets of a delinquent insurer the domiciliary receiver shall, subject to the direction of the court, immediately proceed to conduct the business of the insurer or to take those steps authorized by the laws of this state for the purpose of liquidating, rehabilitating, reorganizing, or conserving the affairs of the insurer. In connection with delinquency proceedings the receiver may appoint one or more special deputies to act for him or her, and may employ any counsel, clerks, and assistants as he or she deems necessary. The compensation of the special deputies, counsel, clerks, or assistants and all of the expenses of taking possession of the delinquent insurer and of conducting the delinquency 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 the duties imposed upon them, special deputies shall possess all of 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 delinquency proceedings.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-6. - Director as ancillary receiver.

§ 27-14.4-6. Director as ancillary receiver.
Whenever under the laws of this state an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this state, the superior court shall appoint the director of business regulation as the ancillary receiver. The ancillary receiver shall file a petition in the court requesting appointment:
(1)
If he or she finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or
(2)
If ten (10) or more persons resident in this state having claims against the insurer file a petition with the director of business regulation requesting the appointment of an ancillary receiver.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-7. - Powers and duties of receivers of foreign companies.

§ 27-14.4-7. Powers and duties of receivers of foreign companies.
The domiciliary receiver of 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 the receiver shall have the immediate right to recover all balances due from local agents and to obtain possession of any books and records of the insurer found in this state. The 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 those 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 the ancillary receiver shall promptly transfer to the domiciliary receiver. Subject to these provisions the ancillary receiver and his or her deputies shall have the same powers and be subject to the same duties, with respect to the administration of the insurer’s assets, as a receiver of an insurer domiciled in this state.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-8. - Filing by claimants in reciprocal states against insurers of this state.

§ 27-14.4-8. Filing by claimants in reciprocal states against insurers of this state.
In a delinquency proceeding begun in this state against an insurer domiciled in this state, claimants residing in reciprocal states may file claims with either the ancillary receivers, if any, in their respective states, or with the domiciliary receiver. All of those claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceeding.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-9. - Proof of controverted claims of nonresidents.

§ 27-14.4-9. Proof of controverted claims of nonresidents.
Controverted claims belonging to claimants residing in reciprocal states may either: (1) be proved in this state as provided by law, or (2) if ancillary proceedings have been commenced in those reciprocal states, be proved in those proceedings. In the event a claimant elects to prove his or her 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 § 27-14.4-11 with respect to ancillary proceedings in this state, the final allowance of that 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.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-10. - Filing by claimants in this state against foreign insurer.

§ 27-14.4-10. Filing by claimants in this state against foreign insurer.
In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against that 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 of those claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceeding.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-11. - Proof of controverted claims of residents.

§ 27-14.4-11. Proof of controverted claims of residents.
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 claimant elects to prove his or her claim in this state, the claimant shall file his or her claim with the ancillary receiver in the manner provided by the law of this state for the proving of claims against insurers domiciled in this state, and the claimant shall give notice in writing to the receiver in the domiciliary state, either by registered or certified mail or by personal service at least forty (40) days prior to the date set for the 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 thirty (30) days after the giving of 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 or her intention to contest the claim, the domiciliary receiver shall be entitled to appear or to be represented in any proceeding in this state involving the 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.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-12. - Preferred ancillary claims against domestic insurers.

§ 27-14.4-12. Preferred ancillary claims against domestic insurers.
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 claims whether owing to residents or nonresidents shall be given equal priority of payment from general assets regardless of where those assets are located.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-13. - Preferred claims in this state against foreign insurers.

§ 27-14.4-13. Preferred claims in this state against foreign insurers.
In a delinquency proceeding against an insurer domiciled in a reciprocal state, claims owing to residents of this state shall be preferred if similar claims are preferred by the laws of that state.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-14. - Special deposit claims.

§ 27-14.4-14. Special deposit claims.
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 special deposits. If there is a deficiency in any special deposit so that the claims secured by the special deposit are not fully discharged, the claimants may share in the general assets, but any 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.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-15. - Secured claims.

§ 27-14.4-15. Secured claims.
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 or her security and file his or her 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 the 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, that amount shall be conclusive; otherwise the amount shall be determined in the delinquency proceeding in the domiciliary state.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-16. - Attachment, garnishment, and execution.

§ 27-14.4-16. Attachment, 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 action or proceeding in the nature of an attachment, garnishment, or execution within four (4) months prior to the commencement of any delinquency proceeding or at any time after this shall be void as against any rights arising in the delinquency proceeding.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-17. - Suit in this state by domiciliary receiver of foreign insurer.

§ 27-14.4-17. Suit in this state by domiciliary receiver of foreign insurer.
The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this state to recover any assets of that insurer to which the receiver may be entitled under the laws of this state.
History of Section.
P.L. 1994, ch. 141, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-18. - Right of receiver to deposits.

§ 27-14.4-18. Right of receiver to deposits.
The provisions of § 27-1-8 shall not apply in any case where the director of business regulation has been appointed and is acting as a receiver, pursuant to the provisions of this chapter.
History of Section.
P.L. 1994, ch. 141, § 2; G.L. 1956, § 27-14.4-20.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-19. - Immediate access to assets.

§ 27-14.4-19. Immediate access to assets.
(a)
Within one hundred twenty (120) days of a final determination of insolvency of a company by a court of competent jurisdiction of this state, the receiver shall make an application to the court for the approval of a proposal to disburse assets out of that company’s marshaled assets as those assets become available, to the Rhode Island insurers’ insolvency fund and to any similar organization in another state. The Rhode Island insurers’ insolvency fund and similar organizations in other states shall be referred to throughout this section collectively as “the funds”.
(b)
The proposal shall at least include provision for:
(1)
Reserving amounts for the payment of the expenses of administration and claims falling within the priorities established in § 27-14.4-20(1), (2), and (3).
(2)
The disbursement of the assets marshaled to date and subsequent disbursements of assets as they become available.
(3)
The equitable allocation of disbursements to each of the funds entitled to the disbursements; and
(4)
The securing by the receiver from each of the funds entitled to disbursements pursuant to this section of an agreement to return to the receiver any assets previously disbursed as may be required to pay claims of secured creditors and claims falling within the priorities established in § 27-14.4-20(1), (2), (3), and (4) in accordance with those priorities. No bond shall be required of any fund.
(c)
The receiver’s proposal shall provide for disbursements to the funds in amounts at least equal to the payments made or to be made by the funds for which the funds could assert claims against the receiver, and shall provide that if the assets available for disbursement do not equal or exceed the amount of those payments made or to be made by the funds then disbursements shall be in the amount of available assets.
(d)
Notice of the application shall be given to the funds in each of the states and to the commissioners of insurance of each of the states. Any notice shall be deemed to have been given when deposited in the United States certified mails, first class postage prepaid, at least thirty (30) days prior to the submission of the application to the court. Action on the application may be taken by the court provided this required notice has been given, and provided that the receiver’s proposal complies with subdivisions (b)(1) and (b)(4) of this section.
History of Section.
P.L. 1994, ch. 141, § 2; G.L. 1956, § 27-14.4-21.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-20. - Priority of distribution.

§ 27-14.4-20. Priority of distribution.
The priorities of distribution in a liquidation proceeding shall be in the following order:
(1)
The cost and expenses of administration, including the claims handling the expenses of the Rhode Island insurers’ insolvency fund and of any similar organization in any other state.
(2)
Wages actually owing to employees for services rendered within three (3) months prior to the date of the filing of the delinquency petition, not exceeding three hundred dollars ($300) to each employee.
(3)
Federal, state, and local taxes.
(4)
Claims by policyholders, beneficiaries, and insured arising from and within the coverage of and not in excess of the applicable limits of insurance policies and insurance contracts issued by the company, and liability claims against the insured which claims are within the coverage of, and not in excess of, the applicable limits of insurance policies and insurance contracts issued by the company, and claims of the Rhode Island insurers’ insolvency fund and any similar organization in another state.
(5)
All other claims.
History of Section.
P.L. 1994, ch. 141, § 2; G.L. 1956, § 27-14.4-22.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-22. - Severability.

§ 27-14.4-22. Severability.
If any provision of this chapter or the application of any provision to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 1994, ch. 141, § 2; G.L. 1956, § 27-14.4-18.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.4 - Uniform Insurers Liquidation Act › Section 27-14.4-23. - Uniformity of construction.

§ 27-14.4-23. Uniformity of construction.
This chapter shall be interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
History of Section.
P.L. 1994, ch. 141, § 2; G.L. 1956, § 27-14.4-19.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.5 - Voluntary Restructuring of Solvent Insurers › Section 27-14.5-2. - Jurisdiction, venue, and court orders.

§ 27-14.5-2. Jurisdiction, venue, and court orders.
(a)
The court considering applications brought under this chapter shall have the same jurisdiction as a court under chapter 14.3 of this title.
(b)
Venue for all court proceedings under this chapter shall lie in the superior court for the county of Providence.
(c)
The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this chapter. No provision of this chapter providing for the raising of an issue by a party in interest shall be construed to preclude the court from, on its own motion, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process.
History of Section.
P.L. 2002, ch. 381, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.5 - Voluntary Restructuring of Solvent Insurers › Section 27-14.5-3. - Notice.

§ 27-14.5-3. Notice.
(a)
Wherever in this chapter notice is required, the applicant shall, within ten (10) days of the event triggering the requirement, cause transmittal of the notice:
(1)
To the insurance regulator in each jurisdiction in which the applicant is doing business;
(2)
To the national conference of insurance guaranty funds and all guaranty associations for the states in which the applicant is doing business;
(3)
To all reinsurers of the applicant pursuant to the notice provisions of reinsurance agreements or, where an agreement has no provision for notice, in a manner reasonably designed to provide actual notice to all reinsurers of the applicant;
(4)
To all insurance agents or insurance producers of the applicant;
(5)
To all persons known or reasonably expected to have claims against the applicant including all policyholders, at their last known address as indicated by the records of the applicant;
(6)
To federal, state, and local government agencies and instrumentalities as their interests may arise; and
(7)
By publication in a newspaper of general circulation in the state in which the applicant has its principal place of business and in any other locations that the court overseeing the proceeding deems appropriate.
(b)
Notice under this section shall be given in a manner designed to provide actual notice to the intended recipient. Depending upon the circumstances, that notice may take the form of first-class mail, facsimile, or electronic notice.
(c)
If notice is given in accordance with this section, any orders under this chapter shall be conclusive with respect to all claimants and policyholders, whether or not they received notice.
(d)
Where this chapter requires that the applicant provide notice but the commissioner has been named receiver of the applicant, the commissioner shall provide the required notice.
History of Section.
P.L. 2002, ch. 381, § 1; P.L. 2013, ch. 31, § 5; P.L. 2013, ch. 36, § 5; P.L. 2018, ch. 218, § 1; P.L. 2018, ch. 290, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.5 - Voluntary Restructuring of Solvent Insurers › Section 27-14.5-4.1. - Insurance business transfer plans.

§ 27-14.5-4.1. Insurance business transfer plans.
The commissioner shall promulgate rules and regulations establishing standards by which liabilities may be novated to a new or existing domestic insurer pursuant to an Insurance Business Transfer Plan.
History of Section.
P.L. 2018, ch. 218, § 2; P.L. 2018, ch. 290, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-14.5 - Voluntary Restructuring of Solvent Insurers › Section 27-14.5-6. - Rules and regulations.

§ 27-14.5-6. Rules and regulations.
The commissioner shall promulgate rules and regulations that may be necessary to effectuate the purposes of this chapter including, but not limited to, procedures for transferring commercial liabilities to a new or existing domestic insurer and standards for commutation plans.
History of Section.
P.L. 2002, ch. 381, § 1; P.L. 2018, ch. 218, § 1; P.L. 2018, ch. 290, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-16 - Unauthorized Insurance Business › Section 27-16-1.1. - Purpose of §§ 27-16-1.1 — 27-16-2.6 — Suits by states.

§ 27-16-1.1. Purpose of §§ 27-16-1.1 — 27-16-2.6 — Suits by states.
The purpose of §§ 27-16-1.1 — 27-16-2.6 is to subject certain insurers to the jurisdiction of the insurance commissioner and the courts of this state in suits by or on behalf of the state. The legislature declares that it is concerned with the protection of the residents of this state against acts by insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting authorized insurers which are subject to regulation from unfair competition by unauthorized insurers, and by protecting against the evasion of the insurance regulatory laws of this state. In furtherance of this state interest, the legislature provides in these sections methods for substituted service of process upon insurers in any proceeding, suit, or action in any court and substituted service of any notice, order, pleading, or process upon insurers in any proceeding by the commissioner of insurance to enforce or effect full compliance with the insurance laws of this state. In so doing, the state exercises its powers to protect the residents of this state and to define what constitutes transacting an insurance business in this state, and also exercises powers and privileges available to this state by virtue of 15 U.S.C. § 1011 et seq., which declares that the business of insurance and every person engaged in that business shall be subject to the laws of the several states.
History of Section.
P.L. 1973, ch. 231, § 1; P.L. 1994, ch. 134, § 13.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-16 - Unauthorized Insurance Business › Section 27-16-1.3. - Restraining order.

§ 27-16-1.3. Restraining order.
Whenever the commissioner believes, from evidence satisfactory to the commissioner, that any insurer is violating or about to violate the provisions of § 27-16-1.2, the commissioner may, through the attorney general of this state, cause a complaint to be filed in the superior court to enjoin and restrain the insurer from continuing the violation or engaging in it or doing any act in furtherance of it. The court shall have jurisdiction of the proceeding and shall have the power to make and enter an order or judgment awarding any preliminary or final injunctive relief as in its judgment is proper.
History of Section.
P.L. 1973, ch. 231, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-16 - Unauthorized Insurance Business › Section 27-16-1.5. - Requirements before defensive pleadings.

§ 27-16-1.5. Requirements before defensive pleadings.
(a)
Before any unauthorized insurer files or causes to be filed in any pleading in any court action, suit, or proceeding or in any notice, order, pleading, or process in an administrative proceeding before the commissioner instituted against a person or insurer, by service made as provided in § 27-16-1.4, the insurer shall either:
(1)
Deposit with the clerk of the court in which the action, suit, or proceeding is pending, or with the commissioner of insurance in administrative proceedings before the commissioner, cash or securities, or file with the clerk or commissioner a bond with good and sufficient sureties, to be approved by the clerk or commissioner in an amount to be fixed by the court or commissioner sufficient to secure the payment of any final judgment which may be rendered in an action or administrative proceeding; or
(2)
Procure a certificate of authority to transact the business of insurance in this state. In considering the application of an insurer for a certificate of compliance for the purposes of this subsection, the commissioner need not assert the provisions of § 27-2-17 against an insurer with respect to its application if he or she determines that the company would comply with the requirements for the certificate of compliance.
(b)
The commissioner of insurance, in any administrative proceeding in which service is made as provided in § 27-16-1.4, may in his or her discretion, order any postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) of this section and to defend the action.
(c)
Nothing in subsection (a) of this section shall be construed to prevent an unauthorized insurer from filing a motion to quash a writ or to set aside service of it made in the manner provided in § 27-16-1.4, on the ground that the unauthorized insurer has not done any of the acts enumerated in § 27-16-1.2.
History of Section.
P.L. 1973, ch. 231, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-16 - Unauthorized Insurance Business › Section 27-16-2.2. - Penalty.

§ 27-16-2.2. Penalty.
Any unauthorized insurer who transacts any unauthorized act of an insurance business as set forth in §§ 27-16-1.1 — 27-16-2.6 may be fined not more than ten thousand dollars ($10,000).
History of Section.
G.L. 1938, ch. 151, § 31; P.L. 1940, ch. 856, § 2; G.L. 1956, § 27-16-1; G.L., § 27-16-2.2; P.L. 1973, ch. 231, § 2; P.L. 1994, ch. 134, § 13.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-16 - Unauthorized Insurance Business › Section 27-16-2.3. - Short title.

§ 27-16-2.3. Short title.
Sections 27-16-1.1 — 27-16-2.6 may be cited as the “Uniform Unauthorized Insurers Act”.
History of Section.
P.L. 1973, ch. 231, § 2; P.L. 1994, ch. 134, § 13.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-16 - Unauthorized Insurance Business › Section 27-16-2.4. - Severability.

§ 27-16-2.4. Severability.
If any provision of §§ 27-16-1.1 — 27-16-2.6 or the application of any of these provisions to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision and to this end the provisions are declared to be severable.
History of Section.
P.L. 1973, ch. 231, § 2; P.L. 1994, ch. 134, § 13.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-16 - Unauthorized Insurance Business › Section 27-16-2.5. - Exemption for Automobile club service.

§ 27-16-2.5. Exemption for Automobile club service.
Nothing in §§ 27-16-1.2 and 27-16-2.2 shall be construed to limit or prevent any automobile club or association from paying or agreeing to pay for the services of an attorney as provided in § 11-27-16(a)(8), nor from providing or agreeing to provide or pay for its members’ bail, towing, or mechanical road service.
History of Section.
P.L. 1940, ch. 856, § 2; G.L. 1956, § 27-16-2; G.L. 1956, § 27-16-2.5; P.L. 1973, ch. 231, § 2.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-16 - Unauthorized Insurance Business › Section 27-16-2.6. - Hospitals affiliated with accredited medical schools — Indemnification of personnel.

§ 27-16-2.6. Hospitals affiliated with accredited medical schools — Indemnification of personnel.
Nothing in §§ 27-16-1.2 — 27-16-2.2 shall be construed to limit or prevent hospitals affiliated with an accredited medical school from agreeing to indemnify hospital employees, and physicians, including physicians’ incorporated or unincorporated practices and employees, and medical, nursing, or allied health students affiliated with the hospital, collectively “covered persons”, for the legal liability of those covered persons for loss, damage, or expense incident to claims of bodily injury or death arising out of medical malpractice or professional error or mistake, “malpractice coverage”, whether the hospital charges the covered persons for malpractice coverage or not. The hospitals making the agreements shall be required to establish and maintain a reserve fund with which the malpractice coverage will be provided, which may be either part of or separate from a self-insurance fund maintained by or on behalf of the hospital. Any self-insurance fund shall annually provide a certified financial statement with actuarial projections as to the soundness of its reserving to the director of the department of health and the director of the department of business regulation. The malpractice coverage provided by the agreements shall be in amounts which meet the minimum insurance coverage limits required by any regulation promulgated by the director of business regulation pursuant to § 42-14.1-2.
History of Section.
P.L. 1990, ch. 65, art. 17, § 1.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-16 - Unauthorized Insurance Business › Section 27-16-3. - Short title.

§ 27-16-3. Short title.
Sections 27-16-3 — 27-16-14 may be cited as the “Unauthorized Insurers Process Act”.
History of Section.
P.L. 1956, ch. 3725, § 6; G.L. 1956, § 27-16-3.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-16 - Unauthorized Insurance Business › Section 27-16-4. - Purpose of process provisions.

§ 27-16-4. Purpose of process provisions.
(a)
The purpose of §§ 27-16-3 — 27-16-14 is to subject certain insurers to the jurisdiction of the courts of this state in suits by or on behalf of insured or beneficiaries under insurance contracts.
(b)
The legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers while not authorized to do business in this state, thus presenting to the residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under the policies. In furtherance of the state interest, the legislature provides in these sections a method of substituted service of process upon the insurers and declares that in doing this that it exercises its power to protect its residents and to define, for the purpose of §§ 27-16-3 — 27-16-14 what constitutes doing business in this state, and also exercises powers and privileges available to the state by virtue of 15 U.S.C. § 1011 et seq., which declares that the business of insurance and every person engaged in that business shall be subject to the laws of the several states.
History of Section.
P.L. 1956, ch. 3725, § 1; G.L. 1956, § 27-16-4.
2023 Rhode Island General Laws › Title 27 - Insurance › Chapter 27-16 - Unauthorized Insurance Business › Section 27-16-5. - Acts constituting appointment of attorney to receive process.

§ 27-16-5. Acts constituting appointment of attorney to receive process.
Any of the following acts in this state, effected by mail or otherwise, by an unauthorized foreign or alien insurer is equivalent to and shall constitute an appointment by the insurer of the insurance commissioner and the commissioner’s successor or successors in office to be the insurer’s true and lawful attorney, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of the contract of insurance, and the act shall be signification of its agreement that service of process is of the same legal force and validity as personal service of process in this state upon the insurer: (1) the issuance or delivery of contracts of insurance or reinsurance to residents of this state or to corporations authorized to do business in this state; (2) the solicitation of applications for the contracts; (3) the collection of premiums, membership fees, assessments or other considerations for the contracts; or (4) any other transaction of insurance business.
History of Section.
P.L. 1956, ch. 3725, § 2; G.L. 1956, § 27-16-5; P.L. 2002, ch. 292, § 31.