Okla. Stat. tit. 36, § 36-1805
This is the official text of Okla. Stat. tit. 36, § 36-1805, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Appointment of conservator; duties
Official statutory text
A. If, after notice and hearing, at the conclusion of the 90-
day period the Commissioner determines that the insurer has failed
to comply with his lawful requirements, or upon consent of the
insurer, he may appoint a conservator, who shall immediately:
1. Take charge of such insurer and all of the property, books,
records and effects;
2. Conduct its business; and
3. Take such other steps toward the removal of the causes and
conditions which have necessitated such order, as the Commissioner
may direct.
B. During the pendency of conservatorship, the conservator
shall make such reports as may be required by the Commissioner, and
may:
1. Take all necessary measures to preserve, protect and recover
any assets or property of such insurer including claims or causes of
action belonging to orwhich may be asserted by such insurer in his
own name as conservator; and
2. File, prosecute and defend any legal actions which have been
filed, or which may thereafter be filed, by or against such insurer,
as he deems necessary to protect all of the interested parties or
any property affected thereby. The conservator shall file all
quarterly and annual reports required by the Oklahoma Insurance Code
and in the same manner as the insurer.
Oklahoma Statutes - Title 36. Insurance Page 527
C. If upon appointment of a conservator or at any time during
the pendency of such conservatorship it appears that the insurer can
best be protected by reinsuring the same, the conservator may, with
the approval of the Commissioner, after appraisal of all assets of
the insurer:
1. Reinsure all or part of such insurer's policies or
certificates of insurance with any solvent insurers authorized to
transact business in this state; and
2. To the extent that such insurer is possessed of reserves
attributable to such policies or certificates of insurance, transfer
to the reinsuring company such reserves or any portion thereof as
may be required to consummate the reinsurance of such policies,
which transfer of reserves shall not be deemed a preference of
creditors.
D. If the Commissioner is satisfied that the insurer is not in
condition to continue business in the interest of its policy or
certificate holders, under the conservator, the Commissioner shall
apply to the appropriate court for an order appointing him as
receiver for the insurer, under the provisions of Article 18 of this
title. It shall be in the discretion of the Commissioner to
determine whether or not he will operate the insurance company
through a conservator, as provided above, or apply for an order
appointing him receiver.
E. The cost incident to the supervisor's and conservator's
service shall be fixed by the Commissioner and paid from the assets
and funds of the insurer as the Commissioner may determine. The
cost of the supervisor's or conservator's service must be reasonable
under the circumstances and shall continue no longer than necessary
to preserve the assets of the insurer, certificate holders and the
policyholders. All legal work required under this act shall be
performed by the Commissioner, his employees or special attorneys
employed by the Commissioner. The cost of such attorneys' services
must be reasonable under the circumstances and shall be paid from
the assets and funds of the insurer to the Commissioner.
F. The supervision or conservation may continue until the
Commissioner (1) feels certain that the insurer has corrected any
deficiencies that caused the supervision or conservation, or (2) a
receivership has been granted by the Court.
day period the Commissioner determines that the insurer has failed
to comply with his lawful requirements, or upon consent of the
insurer, he may appoint a conservator, who shall immediately:
1. Take charge of such insurer and all of the property, books,
records and effects;
2. Conduct its business; and
3. Take such other steps toward the removal of the causes and
conditions which have necessitated such order, as the Commissioner
may direct.
B. During the pendency of conservatorship, the conservator
shall make such reports as may be required by the Commissioner, and
may:
1. Take all necessary measures to preserve, protect and recover
any assets or property of such insurer including claims or causes of
action belonging to orwhich may be asserted by such insurer in his
own name as conservator; and
2. File, prosecute and defend any legal actions which have been
filed, or which may thereafter be filed, by or against such insurer,
as he deems necessary to protect all of the interested parties or
any property affected thereby. The conservator shall file all
quarterly and annual reports required by the Oklahoma Insurance Code
and in the same manner as the insurer.
Oklahoma Statutes - Title 36. Insurance Page 527
C. If upon appointment of a conservator or at any time during
the pendency of such conservatorship it appears that the insurer can
best be protected by reinsuring the same, the conservator may, with
the approval of the Commissioner, after appraisal of all assets of
the insurer:
1. Reinsure all or part of such insurer's policies or
certificates of insurance with any solvent insurers authorized to
transact business in this state; and
2. To the extent that such insurer is possessed of reserves
attributable to such policies or certificates of insurance, transfer
to the reinsuring company such reserves or any portion thereof as
may be required to consummate the reinsurance of such policies,
which transfer of reserves shall not be deemed a preference of
creditors.
D. If the Commissioner is satisfied that the insurer is not in
condition to continue business in the interest of its policy or
certificate holders, under the conservator, the Commissioner shall
apply to the appropriate court for an order appointing him as
receiver for the insurer, under the provisions of Article 18 of this
title. It shall be in the discretion of the Commissioner to
determine whether or not he will operate the insurance company
through a conservator, as provided above, or apply for an order
appointing him receiver.
E. The cost incident to the supervisor's and conservator's
service shall be fixed by the Commissioner and paid from the assets
and funds of the insurer as the Commissioner may determine. The
cost of the supervisor's or conservator's service must be reasonable
under the circumstances and shall continue no longer than necessary
to preserve the assets of the insurer, certificate holders and the
policyholders. All legal work required under this act shall be
performed by the Commissioner, his employees or special attorneys
employed by the Commissioner. The cost of such attorneys' services
must be reasonable under the circumstances and shall be paid from
the assets and funds of the insurer to the Commissioner.
F. The supervision or conservation may continue until the
Commissioner (1) feels certain that the insurer has corrected any
deficiencies that caused the supervision or conservation, or (2) a
receivership has been granted by the Court.
Status: in_force · Read it on the official government site
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