                                 CODE OF VIRGINIA

REQUIREMENTS WHEN RECEIVER APPOINTED; DISBURSEMENT OF AVAILABLE ASSETS TO
ASSOCIATION, ETC (§ 38.2-1506)

A. Whenever a receiver, other than the Commission, is appointed pursuant to
&#xA7; 38.2-1504 for any domestic insurer other than an insurer writing
exclusively title, fidelity and surety, credit or ocean marine insurance, the
receiver shall petition the court for approval of a plan to disburse the assets.
This shall be completed within 120 days of a final determination by the
Commission that the insurer is insolvent. After the application of an
association for an insolvent insurer&#8217;s available assets has been granted,
the insolvent insurer&#8217;s assets will be disbursed to any association
entitled to them as they become available.

B. The plan shall include provisions for the receiver to take all the actions
required by subsections B and C of &#xA7; 38.2-1509.

C. Notice of the petition by the receiver to the court for approval of a plan to
disburse an insurer&#8217;s assets shall be given to the associations and the
commissioners of insurance of the other states. This notice shall be deemed
given when sent by certified mail at least thirty days before submission of the
petition to the court. Action on the petition may be taken by the court or a
judge of the court if the required notice has been given and the plan of the
receiver contains the provisions set forth in this section.

HISTORY: 1978, c. 696, § 38.1-131.1; 1986, c. 562.