New Hampshire Revised Statutes 404-D:18 – Stay of Proceedings; Reopening Default Judgments
Current as of: 2023 | Check for updates
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Terms Used In New Hampshire Revised Statutes 404-D:18
- Association: means the New Hampshire life and health insurance guaranty association created under N. See New Hampshire Revised Statutes 404-D:5
- Germane: On the subject of the pending bill or other business; a strict standard of relevance.
- Impaired insurer: means :
(a) An insurer which after the effective date of this chapter, is declared insolvent and placed under a final order of liquidation, rehabilitation, or conservation by a court of competent jurisdiction, or
(b) An insurer deemed by the commissioner after the effective date of this chapter to be unable to fulfill its contractual obligations. See New Hampshire Revised Statutes 404-D:5 - state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Verdict: The decision of a petit jury or a judge.
All proceedings in which the impaired insurer is a party in any court in this state shall be stayed 60 days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to a judgment under any decision, order, verdict, or finding based on default the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits.