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This entry was published on 2014-09-22
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SECTION 7412
Filing and proving of claims of residents against delinquent insurers domiciled in reciprocal states
Insurance (ISC) CHAPTER 28, ARTICLE 74
§ 7412. Filing and proving of claims of residents against delinquent
insurers domiciled in reciprocal states. (a) In a delinquency proceeding
in a reciprocal state against an insurer domiciled in that state,
claimants residing in this state may file claims either with the
ancillary receiver, if any, appointed in this state, or with the
domiciliary receiver. All such claims must be filed on or before the
last date fixed for the filing of claims in the domiciliary proceeding.

(b) (1) Controverted claims belonging to claimants residing in this
state may be proved either in the domiciliary state as provided by the
law of that state, or in ancillary proceedings, if any, in this state.

(2) If the claimant elects to prove his claim in this state, he shall
file it with the ancillary receiver in the manner provided by the law of
this state for the proving of claims against insurers domiciled in this
state, and he shall give notice in writing to the receiver in the
domiciliary state either by registered mail or by personal service at
least forty days prior to the date set for hearing. The notice shall
contain a concise statement of the amount of the claim, the facts on
which it is based, and the priorities asserted, if any. If the
domiciliary receiver, within thirty days after the giving of such
notice, shall give notice in writing to the ancillary receiver and to
the claimant, either by registered mail or personal service, of his
intention to contest such claim, he shall be entitled to appear or to be
represented in any proceeding in this state involving the adjudication
of the claim.

(3) The final allowance of the claim by the courts of this state shall
be accepted as conclusive as to its amount, and shall also be accepted
as conclusive as to its priority, if any, against special deposits or
other security located within this state.