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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
§
7054. Actions by and against rehabilitator
(a) A court in
this State before which an action or proceeding in which the insurer is a
party, or is obligated to defend a party, is pending when a rehabilitation
order against the insurer is entered shall stay the action or proceeding for 90
days and such additional time as is necessary for the rehabilitator to obtain
proper representation and prepare for further proceedings. The rehabilitator
shall take such action respecting the pending litigation as he or she deems
necessary in the interests of justice and for the protection of creditors,
policyholders, and the public. The rehabilitator shall immediately consider all
litigation pending outside this State and shall petition the courts having
jurisdiction over that litigation for stays whenever necessary to protect the
estate of the insurer.
(b) A statute of
limitations or defense of laches shall not run with respect to any action by or
against an insurer between the filing of a petition for appointment of a
rehabilitator for that insurer and the order granting or denying that petition.
An action by or against the insurer that might have been commenced when the
petition was filed may be commenced for at least 60 days after the order of
rehabilitation is entered or the petition is denied. The rehabilitator may,
upon an order for rehabilitation, within one year or such other longer time as
applicable law may permit, institute an action or proceeding on behalf of the
insurer upon any cause of action against which the period of limitation fixed
by applicable law has not expired at the time of the filing of the petition
upon which such order is entered. (Added 1991, No. 45, § 2, eff. May 29, 1991.)