State Codes and Statutes
Statutes > Missouri > T24 > C375 > 375_1242Proof of claims, nonresident insurer--procedures.
375.1242. 1. In a liquidation proceeding in a reciprocalstate against an insurer domiciled in that state, claimantsagainst the insurer who reside within this state may file claimseither with the ancillary receiver, if any, in this state, orwith the domiciliary liquidator. Claims must be filed on orbefore the last dates fixed for the filing of claims in thedomiciliary liquidation proceeding.
2. Claims belonging to claimants residing in this state maybe proved either in the domiciliary state under the law of thatstate, or in ancillary proceedings, if any, in this state. If aclaimant elects to prove his claim in this state, he shall filehis claim with the liquidator in the manner provided in sections375.1206 and 375.1208. The ancillary receiver shall make hisrecommendation to the court as provided by section 375.1220. Heshall also arrange a date for hearing if necessary under section375.1214 and shall give notice to the liquidator in thedomiciliary state, either by certified mail or by personalservice at least forty days prior to the date set for hearing.If the domiciliary liquidator, within thirty days after thegiving of such notice, gives notice in writing to the ancillaryreceiver and to the claimant, either by certified mail or bypersonal service, of his intention to contest the claim, he shallbe entitled to appear or to be represented in any proceeding inthis state involving the adjudication of the claim.
3. The final allowance of the claim by the courts of thisstate shall be accepted as conclusive as to amount and as topriority against special deposits or other security located inthis state.
(L. 1991 H.B. 385, et al. § 105)
