Okla. Stat. tit. 36, § 36-1929
This is the official text of Okla. Stat. tit. 36, § 36-1929, 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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Allowance of certain claims
Official statutory text
A. No contingent claim shall share in a distribution of the
assets of an insurer which has been adjudicated to be insolvent by
an order made pursuant to this article, except that such claim shall
be considered, if properly presented, and may be allowed to share
where:
1. Such claim becomes absolute against the insurer on or before
the last day for filing proof of claims against the assets of such
insurer, or
2. There is a surplus and the liquidation is thereafter
conducted upon the basis that such insurer is solvent.
B. Where an insurer has been so adjudicated to be insolvent any
person who has a cause of action against an insured of such insurer
under a liability insurance policy issued by such insurer shall have
the right to file a claim in the liquidation proceeding, regardless
Oklahoma Statutes - Title 36. Insurance Page 561
of the fact that such claim may be contingent, and such claim may be
allowed:
1. If it may be reasonably inferred from the proof presented
upon such claim that such person would be able to obtain a judgment
upon such cause of action against such insured, and
2. If such person shall furnish suitable proof, unless the
court for good cause shown shall otherwise direct, that no further
valid claim against such insurer arising out of his cause of action
other than those already presented can be made, and
3. If the total liability of such insurer to all claimants
arising out of the same act of its insured shall be no greater than
his maximum liability would be were it not in liquidation.
C. No judgment against such an insured taken after the date of
entry of the liquidation order shall be considered in the
liquidation proceedings as evidence of liability, or of the amount
of damages, and no judgment against an insured taken by default or
by collusion prior to the entry of the liquidation order shall be
considered as conclusive evidence in the liquidation proceedings,
either of the liability of such insured to such person upon such
cause of action or of the amount of damages to which such person is
therein entitled.
D. No claim of any secured claimant shall be allowed at a sum
greater than the difference between the value of the claim without
security and value of the security itself as of the date of the
entry of the order of liquidation or such other date set by the
court for determining rights and liabilities as provided in section
1825 of this article unless the claimant shall surrender his
security to the Insurance Commissioner, in which event the claim
shall be allowed in the full amount for which it is valued.
assets of an insurer which has been adjudicated to be insolvent by
an order made pursuant to this article, except that such claim shall
be considered, if properly presented, and may be allowed to share
where:
1. Such claim becomes absolute against the insurer on or before
the last day for filing proof of claims against the assets of such
insurer, or
2. There is a surplus and the liquidation is thereafter
conducted upon the basis that such insurer is solvent.
B. Where an insurer has been so adjudicated to be insolvent any
person who has a cause of action against an insured of such insurer
under a liability insurance policy issued by such insurer shall have
the right to file a claim in the liquidation proceeding, regardless
Oklahoma Statutes - Title 36. Insurance Page 561
of the fact that such claim may be contingent, and such claim may be
allowed:
1. If it may be reasonably inferred from the proof presented
upon such claim that such person would be able to obtain a judgment
upon such cause of action against such insured, and
2. If such person shall furnish suitable proof, unless the
court for good cause shown shall otherwise direct, that no further
valid claim against such insurer arising out of his cause of action
other than those already presented can be made, and
3. If the total liability of such insurer to all claimants
arising out of the same act of its insured shall be no greater than
his maximum liability would be were it not in liquidation.
C. No judgment against such an insured taken after the date of
entry of the liquidation order shall be considered in the
liquidation proceedings as evidence of liability, or of the amount
of damages, and no judgment against an insured taken by default or
by collusion prior to the entry of the liquidation order shall be
considered as conclusive evidence in the liquidation proceedings,
either of the liability of such insured to such person upon such
cause of action or of the amount of damages to which such person is
therein entitled.
D. No claim of any secured claimant shall be allowed at a sum
greater than the difference between the value of the claim without
security and value of the security itself as of the date of the
entry of the order of liquidation or such other date set by the
court for determining rights and liabilities as provided in section
1825 of this article unless the claimant shall surrender his
security to the Insurance Commissioner, in which event the claim
shall be allowed in the full amount for which it is valued.
Status: in_force · Read it on the official government site
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