Sec. 38a-952. (Formerly Sec. 38-470). Conservation of property of foreign or alien insurers found in this state. Termination of conservation. Appointment of judge to supervise ancillary proceeding.
Sec. 38a-952. (Formerly Sec. 38-470). Conservation of property of foreign or
alien insurers found in this state. Termination of conservation. Appointment of
judge to supervise ancillary proceeding. (a) If a domiciliary liquidator has not been
appointed, the commissioner may apply to the Superior Court by verified petition for
an order directing the commissioner to act as conservator to conserve the property found
in this state of an alien insurer not domiciled in this state or property found in this state
of a foreign insurer on any one or more of the following grounds: (1) Any of the grounds
pursuant to section 38a-914; (2) that any of its property has been sequestered by official
action in its domiciliary state or in any other state; (3) that enough of its property has
been sequestered in a foreign country to give reasonable cause to fear that the insurer
is or may become insolvent; (4) that its certificate of authority to do business in this
state has been revoked or that none was ever issued; and (5) that there are residents of
this state with outstanding claims or outstanding policies.
(b) When an order is sought pursuant to subsection (a) of this section, the court
shall cause the insurer to be given such notice and time to respond as is reasonable under
the circumstances.
(c) The court may issue the order in whatever terms it shall deem appropriate. The
filing or recording of the order with the clerk of the superior court of the judicial district
or the recorder of deeds of the town in which the principal business of the company is
located or the country in which its principal office or place of business is located shall
impart the same notice as a deed, bill of sale or other evidence of title duly filed or
recorded with that recorder of deeds would have imparted.
(d) The conservator may at any time petition for and the court may grant an order
pursuant to section 38a-953 to liquidate assets of a foreign or alien insurer under conservation, or, if appropriate, for an order pursuant to section 38a-955, to be appointed
ancillary receiver. The commissioner shall be entitled to request the administrative judge
of the superior court for the judicial district of Hartford to appoint a single judge to
supervise the ancillary proceeding and hear any cases or controversies arising out of or
related to the ancillary proceeding. Ancillary proceedings shall be exempt from any
dormancy or similar program maintained by the court for the early closure of civil
actions.
(e) The conservator may at any time petition the court for an order terminating
conservation of the property of an insurer. If the court finds that the conservation is no
longer necessary, it shall order that the insurer be restored to possession of its property
and the control of its business. The court may also make a finding and issue an order at
any time upon motion of any interested party, but if the motion is denied all costs shall
be assessed against such party.
(P.A. 79-382, S. 50; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 92-93, S. 28; P.A. 93-142, S. 4, 7, 8; P.A. 95-220,
S. 4-6; P.A. 98-214, S. 26.)
History: Sec. 38-470 transferred to Sec. 38a-952 in 1991; P.A. 92-93 added new Subsec. (e) re petition of court to
terminate conservation of insurer and made technical corrections for statutory consistency; P.A. 98-214 amended Subsec.
(a) to substitute "the commissioner" for "him", insert two references to "property found in this state", and to insert Subdiv.
designator (5) prior to final existing provision, deleted "thereto" in Subsec. (b), amended Subsec. (d) to allow the commissioner to request appointment of a single judge to supervise ancillary proceedings, and amended Subsec. (e) by inserting
"the property of" re insurer and replacing "such" with other references (Revisor's note: P.A. 88-230, 90-98, 93-142 and
95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public
and special acts of the 1998 regular and special sessions of the General Assembly, effective September 1, 1998).