1997 Minnesota Statutes

     60B.58 Claims of residents against insurers domiciled in 
  reciprocal states. 

    Subdivision 1.    Filing claims.  In a liquidation 
 proceeding in a reciprocal state against an insurer domiciled in 
 that state, claimants against the insurer who reside within this 
 state may file claims either with the ancillary receiver, if 
 any, in this state, or with the domiciliary liquidator.  Claims 
 must be filed on or before the last dates fixed for the filing 
 of claims in the domiciliary liquidation proceeding. 

    Subd. 2.    Proving claims.  Claims belonging to 
 claimants residing in this state may be proved either in the 
 domiciliary state under the law of that state or in ancillary 
 proceedings, if any, in this state.  If a claimant who elects to 
 prove a claim in this state shall file the claim with the court 
 in the manner provided in sections 60B.37 and 60B.38.  The 
 ancillary receiver shall make recommendation to the court as 
 under section 60B.45.  The ancillary receiver also shall arrange 
 a date for hearing if necessary under section 60B.41 and shall 
 give notice to the liquidator in the domiciliary state, either 
 by certified mail or by personal service at least 40 days prior 
 to the date set for hearing.  If a domiciliary liquidator, 
 within 30 days after the giving of such notice, gives notice in 
 writing to the ancillary receiver and to the claimant, either by 
 certified mail or by personal service, of intention to contest 
 the claim, the domiciliary liquidator shall be entitled to 
 appear or to be represented in any proceeding in this state 
 involving the adjudication of the claim.  The final allowance of 
 the claim by the courts of this state shall be accepted as 
 conclusive as to amount and as to priority against special 
 deposits or other security located in this state. 

    HIST: 1969 c 708 s 58; 1978 c 674 s 60; 1986 c 444