§ 58-30-15. Jurisdiction and venue. - North Carolina Statutes

§58‑30‑15.  Jurisdiction and venue.

(a)        No delinquencyproceeding shall be commenced by anyone other than the Commissioner and noother court has jurisdiction to entertain, hear, or determine any proceedingcommenced by any other person.

(b)        Except as providedin this Article, no court of this State has jurisdiction to entertain, hear, ordetermine any complaint praying for the dissolution, liquidation,rehabilitation, sequestration, conservation, or receivership of any insurer; orpraying for an injunction or restraining order or other relief preliminary to,incidental to, or relating to such proceedings.

(c)        In addition toother grounds for jurisdiction provided by the laws of this State, the Courthas jurisdiction over a person served pursuant to Chapter 1A of the GeneralStatutes or other applicable provisions of law in an action brought by thereceiver of a domestic insurer or an alien insurer domiciled in this State:

(1)        If the person servedis obligated to the insurer in any way as an incident to any agency orbrokerage arrangement that may exist or has existed between the insurer and theagent or broker, in any action on or incident to the obligation; or

(2)        If the person servedis a reinsurer who has at any time entered into a contract of reinsurance withan insurer against which a rehabilitation or liquidation order is in effectwhen the action is commenced, or is an agent or broker of or for the reinsurer,in any action on or incident to the reinsurance contract; or

(3)        If the person servedis or has been an officer, manager, trustee, organizer, promoter, or person ina position of comparable authority or influence, in an insurer against which arehabilitation or liquidation order is in effect when the action is commenced,in any action resulting from such a relationship with the insurer; or

(4)        If the person servedis or was, when the delinquency proceeding was begun against the insurer,holding assets in which the receiver claims an interest on behalf of theinsurer, in any action concerning the assets; or

(5)        If the person servedis obligated to the insurer in any way whatsoever, in any action on or incidentto the obligation.

(d)        All actionsauthorized in this Article shall be brought in the Superior Court of WakeCounty.

(e)        The provisions ofChapter 150B of the General Statutes do not apply to this Article. (1989,c. 452, s. 1; 1991, c. 681, s. 41.)