Terms Used In North Carolina General Statutes 58-30-225

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3

(a) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as necessary.  He may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the Court except where he is required by law to accept claims as settled by any person or organization, including any domestic or foreign guaranty association.  Unresolved disputes shall be determined under N.C. Gen. Stat. § 58-30-205.  As soon as practicable, the liquidator shall present to the Court a report of the claims against the insurer with his recommendations.  The report shall include the name and address of each claimant and the amount of any claim finally recommended.  If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment values and the amounts owed.

(b) The Court may approve, disapprove, or modify the report on claims by the liquidator.  Such reports that are not modified by the Court within a period of 60 days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject thereafter to later modification or to rulings made by the Court pursuant to N.C. Gen. Stat. § 58-30-205.  No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy benefits. (1989, c. 452, s. 1.)