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§ 1930. Time to file claims

Oklahoma Statutes AnnotatedTitle 36. InsuranceEffective: November 1, 2022

Oklahoma Statutes Annotated
Title 36. Insurance (Refs & Annos)
Chapter 1. Insurance Code (Refs & Annos)
Article 19. Rehabilitation and Liquidation (Refs & Annos)
Effective: November 1, 2022
36 Okl.St.Ann. § 1930
§ 1930. Time to file claims
If upon commencement of delinquency proceedings under this article or at any time during the proceedings the insurer shall not be clearly solvent, the court shall, after such notice and hearing as it deems proper, make an order declaring the insurer to be insolvent. Thereupon, regardless of any prior notice which may have been given to creditors, the Insurance Commissioner shall notify all persons who may have claims against the insurer and who have not filed proper proofs thereof to present the same to the Commissioner, at a place specified in the notice, within four (4) months from the date of entry of the order, or within a longer time prescribed by the court not to exceed one hundred eighty (180) days which shall be specified in the notice. The notice shall be given in a manner determined by the court.
Only upon application of the liquidator, the receivership court may allow alternative procedures and requirements for the filing of proofs of claim or for allowing or proving claims. Upon application, if the court dispenses with the requirements of filing a proof of claim by a person, class, or group of persons, a proof of claim for such a person, class, or group shall be deemed as having been filed for all purposes, except that the receivership court's waiver of proof-of-claim requirements shall not impact a guaranty association's proof-of-claim filing requirement or coverage determinations to the extent that the guaranty fund statute or filing requirements are inconsistent with the court's waiver of proof.
Proofs of claim may be filed after the date specified in the notice, but no such claim shall share in the distribution of the assets until all allowed claims, proofs of which have been filed before that date, have been paid in full with interest.

Credits

Laws 1957, p. 302, § 1830, operative July 1, 1957. Renumbered from Title 36, § 1830 by Laws 1975, c. 316, § 12, emerg. eff. June 12, 1975; Laws 1996, c. 246, § 9, eff. July 1, 1996; Laws 2022, c. 119, § 4, eff. Nov. 1, 2022.
36 Okl. St. Ann. § 1930, OK ST T. 36 § 1930
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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