Arizona Revised Statutes

Ariz. Rev. Stat. § 20-676 (2026)

Stay of proceedings

✓ current as of May 2026

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A. All proceedings in which the insolvent insurer or the insolvent insurer's insured is a party in any court of this state shall be stayed for six months from the date the insolvency is determined or an ancillary proceeding is instituted in this state, whichever is later, to permit proper defense by the fund of all pending causes of action as to any covered claim. At the request of any party and on a showing of good cause, the court may shorten or lengthen the stay prescribed in this section. This subsection does not apply to proceedings in which the insolvent insurer is a party to a proceeding before the industrial commission regarding an employee's entitlement to benefits under title 23, chapter 6, except that, on a showing of good cause, the industrial commission shall grant up to a ninety-day continuance of any scheduled hearing to allow the fund to assume the defense and investigate the claim.

B. On application of the fund, either on the fund's own behalf or on the insured's behalf, the court may set aside any judgment, order, decision, verdict, finding or award arising from the default of the insolvent insurer or the insurer's failure to defend the insured and the fund shall be allowed to defend the claim on the merits.

C. Notwithstanding any other provision of this chapter, a federal home loan bank may not be stayed, enjoined or prohibited from exercising or enforcing any right or cause of action against collateral pledged by an insurer member under any federal home loan bank security agreement or any pledge, security, collateral or guarantee agreement or other similar arrangement or credit enhancement relating to a security agreement to which that federal home loan bank is a party.

Notes of Decisions

Cited in 5 cases, 1988–1997 · leading case: Betancourt v. Arizona Prop. & Cas. Ins. Fund, 823 P.2d 1304 (Ariz. Ct. App. 1991).

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Betancourt v. Arizona Prop. & Cas. Ins. Fund, 823 P.2d 1304 (Ariz. Ct. App. 1991). · cites it 10× “In support of this position, the Fund suggests that the legislature expects it to investigate all claims, under A.R.S. § 20-676, which provides for a stay in all proceedings in which the Fund becomes involved.”

Arizona Prop. & Cas. Ins. Guar. Fund v. Herder, 751 P.2d 519 (Ariz. 1988). · cites it 2× “Subsection (B) limits the Fund’s obligation to the face amount of the insolvent insurer’s policy or $100,000, whichever is less.”

Clark Equip. Co. v. Arizona Prop. & Cas. Ins. Guar. Fund, 943 P.2d 793 (Ariz. Ct. App. 1997). “section 20-676 so that it could take part in the defense of either claim; 6.”

Arizona Prop. & Cas. Ins. Guar. Fund v. Lopez, 864 P.2d 558 (Ariz. Ct. App. 1993). · cites it 6× “The court, by minute entry, granted the Fund’s motion, finding in part as follows: The Guaranty Fund claims that it is entitled to a stay or to have the judgment set aside under AR.S. § 20-676 which states in pertinent part: Ml proceedings in which the insolvent insurer[’s…”

Clark Equip. v. Prop. & Cas. Ins. Guar., 943 P.2d 793 (Ariz. Ct. App. 1997). “section 20-676 so that it could take part in the defense of either claim; 6.”

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