TITLE 41

INSURANCE

CHAPTER 33

INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION

41-3305.  Injunctions and orders. (1) Any receiver appointed in a proceeding under this act, may at any time apply for and any court of general jurisdiction may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent:

(a)  The transaction of further business;

(b)  The transfer of property;

(c)  Interference with the receiver or with a proceeding under this act;

(d)  Waste of the insurer’s assets;

(e)  Dissipation and transfer of bank accounts;

(f)  The institution or further prosecution of any actions or proceedings;

(g)  The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets or its policyholders;

(h)  The levying of execution against the insurer, its assets, or its policyholders;

(i)  The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer; or

(j)  The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or

(k)  Any other threatened or contemplated action that might lessen the value of the insurer’s assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this act.

(2)  The receiver may apply to any court outside of the state for the relief described in subsection (1) of this section.

History:

[41-3305, added 1981, ch. 249, sec. 2, p. 507.]