(3) To own purposes of the definition of « insolvency » or « insolvent, » « liabilities » should include, but not feel limited by, reserves required by law otherwise from the laws of your own company otherwise specific standards implemented by commissioner abreast of a keen insurer from the duration of admission or after that thereto.
« Insurer » is sold with people involved as the indemnitor otherwise specialist in the business from life insurance policies, health insurance or away from annuities and every such as people at the mercy of this new supervisory authority from, or to liquidation, rehab, reorganization or preservation by the, brand new commissioner or the comparable insurance rates regulator of some other condition; everybody else purporting is interested due to the fact indemnitor otherwise contractor during the the business out-of term life insurance, medical insurance or of annuities inside State; everyone else in the process of business in order to become involved since the indemnitor otherwise specialist in the industry of life insurance, medical health insurance or off annuities; and every fraternal benefit people centered pursuant to help you P.L.1959, c.167 (C.A-step 1 ainsi que seq.); most of the common benefit relationship dependent pursuant so you’re able to R.; most of the hospital service organization centered pursuant in order to P.L.1938, c.366 (C.-step 1 ainsi que seq.); most of the health solution business centered pursuant to help you P.L.1985, c.236 (C.E-step one et seq.); most of the medical services organization established pursuant to help you P.L.1940, c.74 (C.A-step one ainsi que seq.); all the dental care provider corporation oriented pursuant to P.L.1968, c.305 (C.C-step 1 mais aussi seq.); the dental package business established pursuant to help you P.L.1979, c.478 (C.); and each wellness fix team founded pursuant to P.L.1973, c.337 (C.26:2J-step 1 et seq.).
D-1 et seq
« Common allege » function one claim that’s accorded consideration from fee on the standard possessions of your insurance company pursuant for the terms with the work.
« Mutual county » function one condition, besides it County, where in material and you can impact, subsection an effective. off area 17 and sections 51, 52 and you can 54 by way of 56 regarding the act can be found in force, plus in which arrangements have force demanding this new administrator or equivalent formal to be the recipient out-of an outstanding insurer, plus in hence certain supply can be found into the protection out of fake conveyances and you will preferential transfers.
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S.-step 1 ainsi que seq
« Covered allege » mode one allege secure from the financial, faith deed, promise, put as coverage, escrow, otherwise; however in addition to unique deposit says or states facing general property.
« Unique put allege » setting any claim secured by in initial deposit generated pursuant so you’re able to laws into coverage otherwise benefit of a finite class otherwise categories from people, yet not along with any allege secured from the general possessions.
« Transfer » shall include the marketing and just about every other and other function, lead or indirect, from disposing of otherwise out of separating which have, possessions otherwise with an intention therein, otherwise with the fingers thereof, or off fixing a great lien up on assets otherwise up on an attraction therein, definitely or conditionally, voluntarily, of the otherwise in the place of judicial process. The newest preservation away from a safety term in order to possessions brought to a debtor would be considered an exchange suffered by borrower.
5. an excellent. People receiver appointed in a going significantly less than so it act may at the anytime make an application for, and also the Superior Judge could possibly get offer, particularly restraining purchases, first and you may long lasting injunctions, and other requests just like the is generally considered requisite and you will correct to prevent:
(9) New and make of every income or action for nonpayment regarding taxes otherwise assessments who does decrease the property value brand new property from the fresh insurance company;
(10) The withholding regarding the recipient from instructions, account, documents and other records regarding the business of the insurer; otherwise
(11) Various other threatened or considered action that might lower the well worth of your own insurer’s assets or bias this new legal rights of policyholders, creditors or shareholders, and/or management of every continuing below this operate.