40-4368. Application of the insurers supervision, rehabilitation and liquidation act; management of assets and liabilities by receiver.
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40-4368. Application of the insurers supervision, rehabilitation and liquidation act; management of assets and liabilities by receiver.
(a)Except as otherwise provided in this section the insurers supervision, rehabilitation and liquidation act shall apply to a protected cell captive insurance company.
(b)Upon any order of supervision, rehabilitation, or liquidation of a protected cell captive insurance company, the receiver shall manage the assets and liabilities of the protected cell captive insurance company pursuant to this section.
(c)Notwithstanding the provisions of the insurers supervision, rehabilitation and liquidation act:
(1)No assets of a protected cell shall be used to pay any expenses or claims other than those attributable to such protected cell; and
(2)a protected cell captive insurance company's capital and surplus shall be available at all times to pay any expenses of or claims against the protected cell captive insurance company.