40 Pa. Stat. § 221.39

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 221.39 - Special claims
(a) The claim of a third party which is contingent only on his first obtaining a judgment against the insured shall be considered and allowed as if there were no such contingency.
(b) Any claim that would have become absolute if there had been no termination of coverage under section 521, and which was not covered by insurance acquired to replace the terminated coverage, shall be allowed as if the coverage had remained in effect, unless at least ten days before the insured event occurred either the claimant had actual notice of the termination or notice was mailed to him as prescribed bysection 524(a) or 525(a). If allowed the claim shall share in distributions undersection 544(f) .
(c) A claim may be allowed even if contingent, if it is filed in accordance with section 537(b) . It may be allowed and may participate in all distributions declared after it is filed to the extent that it does not prejudice the orderly administration of the liquidation.
(d) Claims that are due except for the passage of time shall be treated as absolute claims are treated, except that such claims may be discounted at the legal rate of interest.
(e) The treasurer of this State in his capacity as custodian of the workmen's compensation security funds may file a claim with the liquidator for all sums paid or to be paid from those funds.

40 P.S. § 221.39

1921, May 17, P.L. 789, art. V, § 539, added 1977, Dec. 14, P.L. 280, No. 92, § 2, imd. effective.