Ind. Code § 27-9-3.1-14

Current through P.L. 171-2024
Section 27-9-3.1-14 - Transfer of amounts with receiver
(a) Notwithstanding a walkaway clause in a netting agreement or qualified financial contract, upon termination of the netting agreement or qualified financial contract, any net or settlement amount owed by a nondefaulting party to an insurer against which an application or petition has been filed under IC 27-9-3 must be transferred:
(1) to; or
(2) according to the order of;

the receiver for the insurer, regardless of whether the insurer is the defaulting party.

(b) For purposes of subsection (a), a limited two-way payment or first method provision in a netting agreement or qualified financial contract with an insurer that has defaulted is considered to be a full two-way payment or second method provision as against the defaulting insurer.

IC 27-9-3.1-14

Added by P.L. 11-2011, SEC. 36, eff. 7/1/2011.