215 ILCS 5/221.8 (2026)
Right of domiciliary receiver to residium of assets of insurers domiciled in ancillary states
(from Ch. 73, par. 833.8)
Sec. 221.8.
Right of
domiciliary receiver to residium of assets of insurers domiciled in
ancillary states.
The ancillary receiver of assets in this State of insurers domiciliary
in reciprocal states and subject to delinquency proceedings therein shall,
as soon as practicable, arrange the liquidation or other disposition of
special deposit claims and secured claims proved in the ancillary
proceedings in this State, and all remaining assets, after payment of
expenses he shall promptly transfer to the domiciliary receiver.
The domiciliary receiver of a reciprocal state may sue the ancillary
receiver of this State in the courts of this State for the purpose of
collecting or obtaining any assets of the insurer to which he or she may be
entitled under the laws of this State,
and, if no
ancillary receiver be appointed in this State, such domiciliary receiver
may collect or reduce to possession, in this State, and may sue in the
courts of this State to obtain, any assets of such delinquent insurer
located in this State, to which he or she may be entitled under the laws of
this State.
(Source: P.A. 89-206, eff. 7-21-95.)
Notes of Decisions
Cited in 1
case, 2018–2018 · leading case: People Ex Rel. Hammer v. Lumbermens Mut. Cas. Co. (In Re Liquidation of Lumbermens Mut. Cas. Co.), 2018 IL App (1st) 170996 (Ill. App. Ct. 2018).
People Ex Rel. Hammer v. Lumbermens Mut. Cas. Co. (In Re Liquidation of Lumbermens Mut. Cas. Co.), 2018 IL App (1st) 170996 (Ill. App. Ct. 2018). “215 ILCS 5/221.8 (West 2012). Applying the Director's broad understanding of the term "general assets" to include special deposits would render the provisions in sections 221.”
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