287.882. Automatic stay of proceedings, when, duration. - Missouri Statutes

Automatic stay of proceedings, when, duration.

287.882. All proceedings in which an insolvent employer isa party, or is obligated to defend a party, in any court orbefore any quasi-judicial body or administrative board in thisstate shall be stayed for up to three months, or for suchadditional period from the date of an order of liquidationagainst the member employer with a finding of insolvency, enteredby a court of competent jurisdiction or from the date the boardof directors of the guaranty corporation determines that themember employer has fully expended all surety bonds, reinsurance,and all other available assets, and is not able to paycompensation benefits, as is deemed necessary by a court ofcompetent jurisdiction to permit proper defense by thecorporation of all pending causes of action as to any coveredclaims arising from a judgment under any decision, verdict, orfinding based on the default of the insolvent member employer.The corporation, either on its own behalf or on behalf of theinsolvent member employer, may apply to have such judgment,order, decision, verdict, or finding set aside by the same courtor administrator that made such judgment, order, decision,verdict, or finding and shall be permitted to defend against suchclaim on the merits. If requested by the corporation, the stayof proceedings may be shortened or waived.

(L. 1992 H.B. 975)