2007 Minnesota Statutes

60B.13 COMMISSIONER'S SEIZURE ORDER.
    Subdivision 1. Issuance. If it appears to the commissioner that an emergency exists whereby
the interests of the creditors, policyholders, or the public will be endangered by the delay incident
to applying for a court seizure order, then on any ground that would justify a court seizure order
under section 60B.12, without notice and without applying to the court, the commissioner may
issue a seizure order which must contain a verified statement of the grounds of action. As directed
by the seizure order, the commissioner or any representatives of the commissioner shall forthwith
take possession and control of all or any part of the property, books, accounts, documents, and
other records of the insurer, and of the premises occupied by the insurer for the transaction of its
business. The commissioner shall retain possession and control until the order is vacated by the
commissioner, is set aside by order of court, is replaced by an order of the court pursuant to a
proceeding commenced under subdivision 2, a formal proceeding under sections 60B.01 to
60B.61, or until the expiration of ten days without a filing by the commissioner of a petition
for a court order as required by subdivision 2.
    Subd. 2. Judicial review. Within ten days after the issuance of a seizure order under
subdivision 1, the commissioner shall file with a district court a petition under section 60B.12,
subdivision 1 , for a court order of seizure, with written or oral notice of such petition to the
insurer to the extent feasible; otherwise, the commissioner shall state to the court in writing
the efforts made to give notice or the reasons why notice is not feasible. Thereafter, the matter
shall proceed as provided in section 60B.12, except that the commissioner's seizure order shall
remain in effect as provided in subdivision 1.
    Subd. 3. Duty to assist commissioner. Every law enforcement officer shall assist the
commissioner in making and enforcing any such seizure, and every sheriff and police department
shall furnish such deputies, patrol officers, or officers as are necessary to assist the commissioner.
    Subd. 4. Anticipatory breach. Entry of a seizure order under this section shall not constitute
an anticipatory breach of any contract of the insurer.
History: 1969 c 708 s 13; 1986 c 444