Mich. Comp. Laws § 500.8105

Receiver; application for relief.

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THE INSURANCE CODE OF 1956

Act 218 of 1956

500.8105 Receiver; application for relief.

Sec. 8105.

(1) A receiver appointed in a proceeding under this chapter may at any time apply for, and the circuit court for Ingham county may grant, a restraining order, preliminary injunction, permanent injunction, and any other order as may be considered necessary and proper to prevent any of the following:

(a) The transaction of further business by the insurer.

(b) The transfer of property.

(d) Waste of the insurer's assets.

(e) Dissipation and transfer of bank accounts.

(f) The institution or further prosecution of any actions or proceedings.

(g) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets, or its policyholders.

(h) The levying of execution against the insurer, its assets, or its policyholders.

(i) The making of a sale or deed for nonpayment of taxes or assessments that would lessen the value of the insurer's assets.

(j) The withholding from the receiver of books, accounts, documents, or other records relating to the insurer's business.

(k) Other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of a proceeding under this chapter.

(2) The receiver may apply to a court outside of the state for the relief described in subsection (1).

History: Add. 1989, Act 302, Imd. Eff. Jan. 3, 1990

PopularName Notes:

Act 218

Notes of Decisions

Cited in 3 cases, 1997–2015 · leading case: Commissioner of Insurance v. Arcilio

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Commissioner of Insurance v. Arcilio (1997) michctapp · cites it 2× “On May 3, 1995, petitioner moved for an injunction pursuant to MCL 500.8105; MSA 24.18105 3 on the grounds that the cause of action against cue’s former officers and directors was an asset of the rehabilita *61 tion estate, that the $50 million of coverage provided by the D&o…”

Commissioner of Insurance of Michigan v. DMD Kyoto Plaza Shopping Center, L.L.C. (1998) miwd “§ 500.8105. The Michigan court in this case issued just such an injunction, precluding the DMB entities from prosecuting the New York action.”

DeLuca v. Amica Mutual Insurance (2015) mied “The agreement between the parties stated that [t]he arbitrators shall' hear and determine the issues of liability and allowable damages under MCL 500.8105. The arbitrators ... will decide: What allowable expenses, if any, are owed by Arni-ca, after April 18, 2008, as a result of…”

— Mich. Comp. Laws § 500.8105(l)(k) — 1 case

Commissioner of Insurance v. Arcilio (1997) michctapp “On May 3, 1995, petitioner moved for an injunction pursuant to MCL 500.8105; MSA 24.18105 3 on the grounds that the cause of action against cue’s former officers and directors was an asset of the rehabilita *61 tion estate, that the $50 million of coverage provided by the D&o…”

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