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The Vermont Statutes Online
Title
08
:
Banking and Insurance
Chapter
145
:
SUPERVISION, REHABILITATION, AND LIQUIDATION OF INSURERS
Subchapter
003
:
FORMAL PROCEEDINGS
§
7066. Fraudulent transfer after petition
(a) After a
petition for rehabilitation or liquidation has been filed, a transfer of any of
the real property of the insurer made to a person acting in good faith shall be
valid against the receiver if made for a present fair equivalent value; or, if
not made for a present fair equivalent value, then to the extent of the present
consideration actually paid, for which amount the transferee shall have a lien
on the property so transferred. The commencement of a proceeding in
rehabilitation or liquidation shall be constructive notice upon the recording
of a copy of the petition for or order of rehabilitation or liquidation with
the recorder of deeds in the county where any real property in question is
located. The exercise by a court of the United States or any state or
jurisdiction to authorize or effect a judicial sale of real property of the
insurer within any county in any state shall not be impaired by the pendency of
such a proceeding unless the copy is recorded in the county prior to the
consummation of the judicial sale.
(b) After a
petition for rehabilitation or liquidation has been filed and before either the
receiver takes possession of the property of the insurer or an order of
rehabilitation or liquidation is granted:
(1) A transfer
of any of the property of the insurer, other than real property, made to a
person acting in good faith shall be valid against the receiver if made for a
present fair equivalent value; or, if not made for a present fair equivalent
value, then to the extent of the present consideration actually paid, for which
amount the transferee shall have a lien on the property so transferred.
(2) A person
indebted to the insurer or holding property of the insurer may, if acting in
good faith, pay the indebtedness or deliver the property, or any part thereof,
to the insurer or upon his or her order, with the same effect as if the
petition were not pending.
(3) A person
having actual knowledge of the pending rehabilitation or liquidation shall be
deemed not to act in good faith.
(4) A person
asserting the validity of a transfer under this section shall have the burden
of proof. Except as elsewhere provided in this section, no transfer by or on
behalf of the insurer after the date of the petition for liquidation by any
person other than the liquidator shall be valid against the liquidator.
(c) Every person
receiving any property from the insurer or any benefit thereof which is a
fraudulent transfer under subsection (a) of this section shall be personally
liable therefore and shall be bound to account to the liquidator.
(d) Nothing in
this chapter shall impair the negotiability of currency or negotiable
instruments. (Added 1991, No. 45, § 2, eff. May 29, 1991.)