Receivership

  • Courts
  • Dodd-Frank
    • FDIC
  • NAIC
    • Receiver’s Handbook for Insurance Company Insolvencies for Qualified Financial Contracts
  • Troubled Companies
  • 2023 04 - NAIC - State Insurance Receivership Priority Act - Federal Priority Act - 1p
  • UILA - Uniform Insurers Liquidation Act
    • 1940 - LR - Legislation: The Uniform Insurers Liquidation Act - 12p
      • Although there has been a vast improvement in national bankruptcy legislation, with the passage of the Chandler Act in 1938,2 so that the receivership device has been abandoned to a large degree by most corporations, insurance companies have been excluded from the Act.3
        • Consequently, they must still rely upon receivership and local statutory substitutes for insolvency proceedings
  • 2021 - NAIC - Legislative Priorities - 1p
    • Support Legislation to Help Protect Policyholders During an Insurance Receivership
      • Current law provides no deadline to the federal government for filing claims in an insurance receivership, causing proceedings to drag on for years and reducing recoveries for insurance consumers.
      • Congress should support NAIC proposed legislation that would require the federal government to file claims it may have against insolvent insurance companies within a specified time consistent with bankruptcy proceedings.
    • Privide State Insurance Regulators a Vote on the Financial Stability Oversight Council (FSOC) (H.R. 3099)
      • The insurance sector is the only financial services sector whose primary regulator is not a voting member of the FSOC.
      • The Primary Regulators of Insurance Vote Act (H.R. 3099) would grant state regulators full participation on FSOC by allowing them to vote.
    • Oppose Preemption of State Insurance Data Privacy and Data Security Standards
      • Federal data privacy and security legislation should acknowledge the state insurance regulatory framework and not undermine state laws and regulations to protect the best interests of insurance consumers.