Section 21.78.280. Special claims.

   (a) A contingent and unliquidated claim may not share in a distribution of the assets of an insurer that has been adjudicated to be insolvent by an order made under this chapter, except that the claim shall be considered, if properly presented, and may be allowed to share if
        (1) the claim becomes absolute against the insurer on or before the last day for filing claims against the assets of the insurer; or
        (2) there is a surplus and the liquidation is, after that, conducted upon the basis that the insurer is solvent.
   (b) The claim of a third party that is contingent only on the third party claimant first obtaining a judgment against the insured shall be considered and allowed as if there were not a contingency.
   (c) A claim may be allowed even if contingent, if it is filed under AS 21.78.292.  It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation.
   (d) A claim that is due except for the passage of time shall be treated as an absolute claim is treated, except that the claim may be discounted at the legal rate of interest.
   (e) A claim made under an employment contract by a director, principal officer, or person in fact performing similar functions or having similar powers, is limited to payment for services rendered before the issuance of an order of rehabilitation or liquidation under this chapter.

Authorities

21.78.295

Notes

References

AS 21.78.295 Unclaimed and withheld money.

History

(Sec. 1 ch 120 SLA 1966; am Sec. 77 ch 50 SLA 1990)