Full text and statutory guidelines for the Insurers Rehabilitation and Liquidation Model Act.
Full text and statutory guidelines for the Insurers Rehabilitation and Liquidation Model Act.
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Liquidation is the process of converting a company's assets into cash, and using those funds to repay, as much as possible, the company's debts. Liquidation results in the company being shut down.
When a company becomes insolvent, meaning that it can no longer meet its financial obligations, it undergoes liquidation. Liquidation is the process of closing a business and distributing its assets to claimants. The sale of assets is used to pay creditors and shareholders in the order of priority.
When an insurer is given an order of liquidation, who will protect the insureds' unpaid claims? The Insurance Security Fund was created to provide insureds with protection against an insurer's liquidation.
"Liquidation" is the process whereby the Commissioner, upon a Superior Court's order, terminates an insurance company's insurance business by canceling all insurance policies and by not issuing any new or renewal policies.
Once the liquidation is ordered, the guaranty association provides coverage to the company's policyholders who are state residents (up to the levels specified by state laws?see below; any benefit amounts above the guaranty asociation benefit levels become claims against the company's remaining assets).
The Insurance Commissioner gathers the assets of the insolvent company, collects proof of claim forms from policyholders and other creditors, and eventually (often many years later) pays out the company's remaining assets to the policyholders and other creditors.
The proceeding involves the confirmation of the Court of a Rehabilitation Plan that was already pre-negotiated by the debtor and its creditors. A Petition may be filed by the debtor or jointly with its creditors. Benefits for the Debtor: Measures that allow the debtor to maintain its assets instead of being liquidated.