40-3609. Same; relief granted by court upon application of receiver. - Kansas Statutes

40-3609

Chapter 40.--INSURANCE Article 36.--IMPAIRED OR INSOLVENT INSURERS

      40-3609.   Same; relief granted by court upon application of receiver.(a) Any receiver appointed in a proceeding under this act mayatany time apply for, and the district court of Shawnee county may grant, suchrestraining orders, preliminary and permanent injunctions and other orders asmay be deemed necessary and proper to prevent:

      (1)   The transaction of further business;

      (2)   the transfer of property;

      (3)   interference with the receiver or with a proceeding under this act;

      (4)   waste of the insurer's assets;

      (5)   dissipation and transfer of bank accounts;

      (6)   the institution or further prosecution of any actions or proceedings;

      (7)   the obtaining of preferences, judgments, attachments, garnishments orliens against the insurer, its assets or its policyholders;

      (8)   the levying of execution against the insurer, its assets or itspolicyholders;

      (9)   the making of any sale or deed for nonpayment of taxes or assessmentsthat would lessen the value of the assets of the insurer;

      (10)   the withholding from the receiver of books, accounts, documents orother records relating to the business of the insurer; or

      (11)   any other threatened or contemplated action that might lessen the valueof the insurer's assets or prejudice the rights of policyholders, creditors orshareholders, or the administration of any proceeding under this act.

      (b)   The receiver may apply to any court outside the state for the reliefdescribed in subsection (a).

      History:   L. 1991, ch. 125, § 5; July 1.