§ 36-1905. Grounds for rehabilitation of domestic insurers.

The Insurance Commissioner may apply to the court for an order appointing the Commissioner as receiver of and directing the Commissioner to rehabilitate a domestic insurer upon one or more of the following grounds.  That the insurer:

1.  Is impaired or insolvent.

2.  Is in a condition such that the continued operation would be hazardous to the policyholders, the creditors of the insurer, or the general public.

3.  Has refused to submit its books, records, accounts or affairs to reasonable examination by the Insurance Commissioner.

4.  Has failed to comply with an order of the Insurance Commissioner to make good an impairment of capital or surplus or both.

5.  Has transferred or attempted to transfer substantially its entire property or business, or has entered into any transaction the effect of which is to merge substantially its entire property or business in that of any other insurer without having first obtained the written approval of the Insurance Commissioner.

6.  Has willfully violated its charter or any law of this state.

7.  Has an officer, director, or manager who has refused to be examined under oath concerning its affairs, for which purpose the Insurance Commissioner is hereby authorized to conduct and to enforce by all appropriate and available means any such examination under oath in any other state or territory of the United States, in which any such officer, director, or manager may then presently be, to the full extent permitted by the laws of such other state or territory, this special authorization considered.

8.  Has been the subject of an application for the appointment of a receiver, trustee, custodian, or sequestrator of the insurer or its property otherwise pursuant to the provisions of this code, but only if such appointment has been made or is imminent and its effect is or would be to oust the courts of this state of jurisdiction hereunder.

9.  Has consented to such an order through a majority of its directors, stockholders, members or subscribers.

10.  Has failed to pay a final judgment rendered against it in this state upon any insurance contract issued or assumed by it, within thirty (30) days after the judgment became final or within thirty (30) days after the time for taking an appeal has expired, or within thirty (30) days after dismissal of an appeal before final termination, whichever date is the later.

Added by Laws 1957, p. 295, § 1805.  Renumbered from § 1805 of this title by Laws 1975, c. 316, § 12, emerg. eff. June 12, 1975.  Amended by Laws 2001, c. 363, § 15, eff. July 1, 2001.