40-2706. Definitions; enforcement of order or decision; reciprocal states; foreign decree.
40-2706
40-2706. Definitions; enforcement of order or decision; reciprocalstates; foreign decree.(a) As used in this section:
(1) "Reciprocal state" means any state or territory of the United Statesthe laws of which contain procedures substantially similar to thosespecified in this section for the enforcement of decrees or orders inequity issued by courts located in other states or territories of theUnited States, against any insurer incorporated or authorized to dobusiness in said state or territory.
(2) "Foreign decree" means any decree or order in equity of a courtlocated in a "reciprocal state," including a court of the United Stateslocated therein, against any insurer incorporated or authorized to dobusiness in this state.
(3) "Qualified party" means a state regulatory agency acting in itscapacity to enforce the insurance laws of its state.
(b) The attorney general upon request of the commissioner of insurancemay proceed in the courts of this state or any reciprocal state to enforcean order or decision in any court proceeding or in any administrativeproceeding before the commissioner of insurance. The commissioner ofinsurance of this state shall determine which states and territoriesqualify as reciprocal states and shall maintain at all times an up-to-datelist of such states.
(c) A copy of any foreign decree authenticated in accordance with thestatutes of this state may be filed in the office of the clerk of any courtof competent jurisdiction in this state. The clerk, upon verifying with thecommissioner of insurance that the decree or order qualifies as a "foreigndecree," shall treat the foreign decree in the same manner as a decree of acourt of competent jurisdiction in this state. A foreign decree so filedhas the same effect and shall be deemed as a decree of any court ofcompetent jurisdiction in this state, and is subject to the sameprocedures, defenses and proceedings for reopening, vacating or staying asa decree of any court of competent jurisdiction in this state, and may beenforced or satisfied in like manner.
(d) (1) At the time of the filing of the foreign decree, the attorneygeneral shall make and file with the clerk of the court an affidavitsetting forth the name and last known post-office address of the defendant.
(2) Promptly upon the filing of the foreign decree and the affidavit,the clerk of such court shall mail notice of the filing of the foreigndecree to the defendant at the address stated therein and to thecommissioner of insurance of this state, and shall make a note of themailing in the docket. In addition, the attorney general may mail a noticeof the filing of the foreign decree to the defendant and to thecommissioner of insurance of this state and may file proof of mailing withthe clerk. Lack of mailing notice of filing by the clerk shall not affectthe enforcement proceedings if proof of mailing by the attorney general hasbeen filed.
(3) No execution or other process for enforcement of a foreign decreefiled hereunder shall issue until thirty (30) days after the date thedecree is filed.
(e) (1) If the defendant shows the court that an appeal from the foreigndecree is pending or will be taken, or that a stay of execution has beengranted, the court shall stay enforcement of the foreign decree until theappeal is concluded, the time for appeal expires or the stay of executionexpires or is vacated, upon proof that the defendant has furnished thesecurity for the satisfaction of the decree required by the state in whichit was rendered.
(2) If the defendant shows the court any ground upon which enforcementof a decree of any court of competent jurisdiction in this state would bestayed, the court shall stay enforcement of the foreign decree for anappropriate period, upon requiring the same security for satisfaction ofthe decree which is required in this state.
(f) Any person filing a foreign decree shall pay the required fee to theclerk of the court where said decree is filed. Fees for docketing,transcription or other enforcement proceedings shall be as provided fordecrees of such court.
History: L. 1969, ch. 240, § 6; April 19.