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§27-20.1-11  Rehabilitation, liquidation, or conservation. –


Published: 2015

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TITLE 27

Insurance

CHAPTER 27-20.1

Nonprofit Dental Service Corporations

SECTION 27-20.1-11



   § 27-20.1-11  Rehabilitation, liquidation,

or conservation. –

(a) Any rehabilitation, liquidations, administrative supervision or

conservation of a nonprofit dental service corporation organized under this

chapter shall be conducted under the supervision of the director of business

regulation pursuant to chapters 14.1, 14.2, and 14.3 of this title. The

director of business regulation may apply for an order from the superior court

directing the director of business regulation to rehabilitate, liquidate, or

conserve a nonprofit dental service corporation upon any one or more of the

following grounds:



   (1) That the nonprofit dental service corporation is

insolvent; for the purposes of this section, the term "insolvent" means the

inability of the nonprofit dental service corporation to meet its debts and

financial obligations as they become due;



   (2) That the nonprofit dental service corporation fails or

refuses to comply with a lawful order of the director of business regulation

reasonably designed to correct unsound business policies or practices which, if

uncorrected, could reasonably lead to insolvency as defined in subdivision (1)

of this subsection; or



   (3) That the nonprofit dental service corporation's financial

condition is such as to render its further transaction of business hazardous to

the public or its subscribers or members.



   (b) A claim by a health care provider shall not be asserted

against any subscriber or member of the nonprofit dental service corporation in

the event of the rehabilitation, liquidation, conservation, or administrative

supervision of the nonprofit dental service corporation.



History of Section.

(P.L. 1993, ch. 180, § 19.)