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NORTH CAROLINA STATUTES AND CODES

§ 58-30-290. Claims of residents against insurers domiciled in reciprocal states.

§58‑30‑290.  Claims of residents against insurers domiciled inreciprocal states.

(a)        In a liquidationproceeding in a reciprocal state against an insurer domiciled in that state,claimants against the insurer who reside within this State may file claims eitherwith the ancillary receiver, if any, in this State, or with the domiciliaryliquidator.  Claims must be filed on or before the last dates fixed for thefiling of claims in the domiciliary proceeding.

(b)        Claims belonging toclaimants residing in this State may be proved either in the domiciliary stateunder the law of that state, or in ancillary proceedings, if any, in thisState.  If a claimant elects to prove his claim in this State, he shall filehis claim with the liquidator in the manner provided in G.S. 58‑30‑185and G.S. 58‑30‑190.  The ancillary receiver shall make hisrecommendation to the Court as under G.S. 58‑30‑225.  He shall alsoarrange a date for hearing if necessary under G.S. 58‑30‑205 andshall give notice to the liquidator in the domiciliary state, either bycertified mail or by personal service at least 40 days prior to the date setfor hearing.  If the domicilary liquidator, within 30 days after the giving ofsuch notice, gives notice in writing to the ancillary receiver and to theclaimant, either by certified mail or by personal service, of his intention tocontest the claim, he shall be entitled to appear or to be represented in anyproceedings in this State involving the adjudication of the claim.

(c)        The final allowanceof the claim by the courts of this State shall be accepted as conclusive as toamount and as to priority against special deposits or other security located inthis State. (1989, c. 452, s. 1.)

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