LD 1553
pg. 22
Page 21 of 25 PUBLIC Law Chapter 249 Page 23 of 25
Download Chapter Text
LR 1915
Item 1

 
B.__The reinsurance vehicle is insolvent and the holders of
a majority in outstanding principal amount of each class of
special purpose reinsurance vehicle securities request or
consent to conservation, rehabilitation or liquidation under
this subchapter.

 
3.__Receiver.__Notwithstanding any contrary provision of this
Title, rules adopted under this Title or any other applicable
law, upon any order of conservation, rehabilitation or
liquidation of the special purpose reinsurance vehicle, a
receiver is bound to deal with the reinsurance vehicle's assets
and liabilities in accordance with the requirements under this
subchapter.

 
4.__Recoverable amounts.__With respect to amounts recoverable
under a special purpose reinsurance vehicle contract, the amount
recoverable by the receiver may not be reduced or diminished as a
result of the entry of an order of conservation, rehabilitation
or liquidation with respect to the ceding insurer,
notwithstanding any provisions to the contrary in the contracts
or other documentation governing the special purpose reinsurance
vehicle insurance securitization.

 
A.__Notwithstanding the provisions of chapter 57, an
application or petition in any delinquency proceeding
relating to a ceding insurer or any temporary restraining
order or injunction issued in any such proceeding may not
prohibit the transaction of any business by a reinsurance
vehicle, including any payment by a reinsurance vehicle made
pursuant to a special purpose reinsurance vehicle security
or any action or proceeding against a reinsurance vehicle or
its assets.

 
B.__Notwithstanding the provisions of chapter 57, subchapter
2, the commencement of a summary proceeding or other interim
proceeding commenced prior to a formal delinquency
proceeding with respect to a reinsurance vehicle and any
order issued by the court in such proceeding may not
prohibit a reinsurance vehicle from making a payment
pursuant to a special purpose reinsurance vehicle security
or contract or from taking any action required to make the
payment.

 
5.__Nonfraudulent transfer.__Notwithstanding any other
provision of chapter 57 or other state law:

 
A.__A receiver of a ceding insurer may not avoid a nonfraudulent
transfer by a ceding insurer to a special purpose reinsurance
vehicle of money or other property made


Page 21 of 25 Top of Page Page 23 of 25
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer