§ 36-2037. Distribution of ownership rights of impaired or insolvent insurer.

A.  Prior to the termination of any liquidation, rehabilitation, receivership orconservatorship proceeding, the court may take into consideration the contributions of the respective parties, including the Association, the shareholders and the policyowners of the insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of such insolvent insurer.  In such a determination, consideration shall be given to the welfare of the policyholders of the continuing or successor insurer.

B.  No distribution to stockholders, if any, of an impaired or insolvent insurer shall be made until and unless the total valid claims of the Association for funds expended in carrying out its powers and duties under Section 8 of this act with respect to such insurer have been fully recovered by the Association.

Laws 1981, c. 133, § 17.