(3) To own reason for the expression “insolvency” otherwise “insolvent,” “liabilities” will tend to be, but not end up being limited by, reserves necessary for law or from the legislation of your own agency or specific conditions imposed because of the commissioner upon a keen insurer at lifetime of entryway otherwise further thereto.
“Insurer” boasts people engaged due to the fact indemnitor otherwise builder in the market away from coverage, health insurance or regarding annuities each like people subject to the new supervisory authority from, or perhaps to liquidation, rehab, reorganization otherwise preservation by, the newest administrator or the equivalent insurance rates regulator of some other county; everybody else purporting as involved as indemnitor otherwise contractor when you look at the the organization away from coverage, medical insurance otherwise off annuities in this Condition; people in the process of company becoming involved once the indemnitor or company on the market away from life insurance, health insurance or out of annuities; and each fraternal work with area founded pursuant to P.L.1959, c.167 (C.A-step 1 mais aussi seq.); all of the shared benefit association founded pursuant in order to Roentgen.; all of the healthcare services firm situated pursuant in order to P.L.1938, c.366 (C.-step one ainsi que seq.); most of the health service corporation oriented pursuant in order to P.L.1985, c.236 (C.E-1 et seq.); most of the medical provider company founded pursuant to P.L.1940, c.74 (C.A-step 1 mais aussi seq.); all of the dental care solution agency built pursuant so you can P.L.1968, c.305 (C.C-step one mais aussi seq.); all of the dental package providers founded pursuant in order to P.L.1979, c.478 (C.); and every fitness restoration organization oriented pursuant to help you P.L.1973, c.337 (C.26:2J-step 1 et seq.).
D-step one ainsi que seq
“Well-known allege” function one claim that’s accorded consideration out-of fee throughout the general possessions of your own insurance provider pursuant for the conditions associated with work.
“Mutual condition” function people state, other than it County, in which into the material and feeling, subsection a good. of section 17 and you will sections 51, 52 and 54 as a consequence of 56 with the act come in force, along with which conditions are located in force demanding the newest commissioner otherwise similar formal are the latest individual from an unpaid insurer, along with and therefore certain provision is obtainable towards prevention from deceptive conveyances and preferential transfers.
S.-1 et seq
“Secured claim” function people allege covered from the home loan, believe deed, guarantee, deposit given that cover, escrow, otherwise; however together with unique put states or says facing general possessions.
“Unique put allege” form any allege secure from the in initial deposit generated pursuant so you’re able to rules with the shelter or benefit of a small group or classes from individuals, yet not including any allege protected by the general property.
“Transfer” will range from the purchases and any other as well as other mode, lead otherwise indirect, regarding disposing of otherwise out-of parting with, assets otherwise with an intention therein, otherwise towards the possession thereof, or out of restoring good lien up on assets otherwise up on an appeal therein, surely or conditionally, willingly, because of the or in place of official procedures. Brand new retention away from a safety label to help you property delivered to an effective borrower will be deemed a transfer sustained from the borrower.
5. good. One recipient appointed inside a heading significantly less than which operate may in the anytime apply for, therefore the Advanced Court could possibly click the link now get grant, particularly restraining purchases, original and you will long lasting injunctions, or any other purchases as the may be considered necessary and you can right so you can prevent:
(9) This new to make of every sale or action for nonpayment regarding taxes otherwise examination who lessen the worth of the fresh new assets away from brand new insurance carrier;
(10) Brand new withholding throughout the recipient off books, accounts, data files or any other details regarding the providers of one’s insurance carrier; otherwise
(11) Any threatened otherwise contemplated action which may reduce steadily the worthy of of your own insurer’s assets otherwise prejudice the brand new rights out of policyholders, financial institutions or investors, and/or management of any proceeding below which work.