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State ex enf. McKittrick ex rel. Maloney v. Fidelity Assurance Association, 352
Mo. 725, 179 S.W.2d (1944). In rejecting the Missouri insurance commissioner's
petition for intervention in an action involving an insolvent West Virginia
insurance company, the court noted that the Missouri insurance code did not
require that only the Missouri commissioner should institute a suit for
appointment as receiver of a foreign insurance company, particularly, when
the assets that were deposited by the foreign insurance company were assets
under the control of Missouri and were used as security for annuity contracts.
New York
Rose v. Fid. Mut’l Life Ins. Co., 207 F. Supp. 2d 50 (E.D.N.Y. 2002). The assignees
of a life insurance policy issued by an insurer in rehabilitation in Pennsylvania
were required to pursue an action alleging conversion, negligence, and breach
of contract in Pennsylvania because New York was a reciprocal state under the
UILA and no ancillary receiver had been appointed in New York.
North Carolina Blackwell v. Mutual Reserve Fund Life Association, 141 N.C. 117, 53 S.E. 833
(1906). The plaintiff sued a foreign insurer and asked the court to appoint a
receiver in order to take control of the insurer's North Carolina assets, which
plaintiff alleged the insurer was removing from state in order to defraud North
Carolina policyholders. The court held that where only "property" of the
insurer in the state was assessments due from members, no receiver would be
appointed as the assessments were an unattachable debt.
Ohio State ex rel. Bohlinger v. Annat, 60 O.L.A. 453, 123 N.E.2d 71 (1955). The
insurance commissioner has the right, in the exercise of sound discretion, after
the commencement of delinquency proceedings in New York against an
insurer doing business in Ohio, to request a proper court of Ohio for
appointment as ancillary receiver to liquidate the assets of the company in
Ohio if the commissioner found such assets were sufficient to justify the
appointment of the ancillary receiver. If they were not sufficient, the
commissioner could, under the statute, transfer to the domiciliary receiver for
liquidation in New York, the special statutory deposit placed with the insurance
commissioner, subject to the statutory conditions of liquidation of the deposit.
As the commissioner owes a legal duty to Ohio claimants to exercise
discretion within a reasonable time, a failure to request the appointment of an
ancillary receiver or to transfer the statutory deposit constitutes an abuse of
discretion warranting the issuance of mandamus to transfer such deposit to
the domiciliary liquidator for the purpose of liquidating assets of such insurer.
Oklahoma
Clinton v. Hoppedge, 2 F. Supp. 935 (N.E. Okla. 1933). Where foreign insurance
company has been dissolved by its state of domicile, the insurance
commissioner of Oklahoma is required to revoke or suspend authority of
corporation to do business in Oklahoma, and may appoint a receiver over such
company's assets.
Vermont Philip O'Deane v. C & S Wholesale Grocers, Inc., 155 Vt. 651, 584 A.2d 423
(1990). Following the appointment of the Massachusetts Insurance
Commissioner as permanent receiver of American Mutual Liability Insurance
Company, the company moved to dismiss an action against it in Vermont. The
Supreme Court of Vermont denied the motion, finding that Massachusetts
Insurers' Liquidation Act is sufficiently similar to Vermont's counterpart to
qualify Massachusetts as a "reciprocal state," and that Massachusetts law
provided for the appointment of an ancillary receiver in Vermont to process
Vermont claims.
Ancillary Receiver ‐ Filing of Claims