LD 1192
pg. 17
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LR 1012
Item 1

 
An irrevocable standby letter of credit that has been issued
by a qualified financial institution and accepted by the
Superintendent of Insurance binds the issuing financial
institution to pay one or more drafts drawn by the Treasurer
of State, as directed by the superintendent, as long as the
draft does not exceed the total amount of the irrevocable
standby letter of credit. Any draft presented by the
Treasurer of State, as directed by the superintendent, must be
promptly honored if accompanied by the certification of the
superintendent that any obligation under this chapter has not
been paid when due or that a proceeding in bankruptcy has been
initiated by or with respect to the employer in a court of
competent jurisdiction.

 
If the Superintendent of Insurance certifies that the
superintendent has been notified by the issuing financial
institution that the irrevocable standby letter of credit
will expire expires by its terms in 30 days or less and that
the irrevocable standby letter of credit was not replaced
within 15 days after that notice to the superintendent by
other eligible security of equal value approved by the
superintendent, then the financial institution must remit
within 15 days the full amount of the irrevocable letter of
credit to the Treasurer of State without further
certification.

 
Any proceeds from a draw on such an irrevocable standby
letter of credit by the Treasurer of State, as directed by
the Superintendent of Insurance, must be held by the
Treasurer of State on behalf of workers' compensation
claimants to secure payment of claims until either the
superintendent authorizes the Treasurer of State to release
those proceeds to the employer upon provision by the
employer of replacement security adequate to meet the
requirements for security set by the superintendent or the
superintendent directs distribution of the proceeds in
accordance with this Title.

 
To the extent not inconsistent with state law, the letter of
credit is subject to and governed by the Uniform Customs and
Practice for Documentary Credits, 1983, International
Standby Practices 1998 or successor practices governing
standby letters of credit duly adopted by the International
Chamber of Commerce Publication No. 400. If any legal
proceedings are initiated with respect to payment of the
letter of credit, those proceedings are subject to the
State's courts and law.


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