TITLE 41

INSURANCE

CHAPTER 33

INSURERS SUPERVISION, REHABILITATION AND LIQUIDATION

41-3341.  Secured creditor’s claims. (1) The value of any security held by a secured creditor shall be determined in one (1) of the following ways, as the court may direct:

(a)  By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditors; or

(b)  By agreement, arbitration, compromise or litigation between the creditor and the liquidator.

(2)  The determination shall be under the supervision and control of the court with due regard for the recommendation of the liquidator. The amount so determined shall be credited upon the secured claim, and any deficiency shall be treated as an unsecured claim. If the claimant shall surrender his security to the liquidator, the entire claim shall be allowed as if unsecured.

History:

[41-3341, added 1981, ch. 249, sec. 2, p. 532.]