Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 21. Insurance
- Chapter 78. Rehabilitation and Liquidation
- Section 20. Commencement of Delinquency Proceedings.
previous: Section 10
. Jurisdiction of Delinquency Proceedings.
next: Section 30
. Injunctions and Orders.
AS 21.78.020. Commencement of Delinquency Proceedings.
- (a) A delinquency proceeding may not be commenced under this chapter unless commenced by the director. A court does not
have jurisdiction to entertain, hear, or determine a delinquency proceeding commenced by a person other than the
- (b) The director shall commence the proceedings by application to the court for an order directing the insurer to show
cause why the director should not have the relief requested. On the return of the order to show cause, and after a
full hearing, the court shall either deny the application or grant the application, together with other relief that the
nature of the case and the interest of the policyholders, creditors, stockholders, members, subscribers, or the public
- (c) A court does not have jurisdiction to entertain, hear, or determine a complaint asking for an injunction or
restraining order or other relief concerning the dissolution, liquidation, rehabilitation, sequestration, conservation,
or receivership of an insurer, other than as provided under this chapter.
- (d) In addition to other grounds for jurisdiction provided by the laws of this state, a court having jurisdiction of the
subject matter has jurisdiction over a person served under the Alaska Rules of Civil Procedure or other applicable
provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this
state if the person
- (1) served is obligated to the insurer in any way as an incident to an agency or brokerage arrangement that might exist or
has existed between the insurer and the agent or broker, in an action on or incident to the obligation;
- (2) served is a reinsurer who has at any time written a policy of reinsurance for an insurer against which a
rehabilitation or liquidation order is in effect when the action is commenced, or is an agent or broker of or for the
reinsurer, in any action or incident related to the reinsurance contract; or
- (3) is or has been an officer, manager, trustee, organizer, promoter, or person in a position of comparable authority or
influence in an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced,
in any action resulting from such a relationship with the insurer.
- (e) If the court, on motion of a party, finds that an action should, as a matter of substantial justice, be tried in a
forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this
- (f) The court shall appoint the director as the receiver in all actions taken under this chapter.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.