State Codes and Statutes

Statutes > New-york > Isc > Article-74 > 7427

§  7427.  Offsets.  (a) In all cases of mutual debts or mutual credits  between the insurer and another person in connection with any action  or  proceeding  under  this article, such credits and debts shall be set off  and the balance only shall be allowed or paid,  except  as  provided  in  subsection (b) hereof.    (b)  No  offset shall be allowed in favor of any such person, however,  where:    (1) the obligation of the insurer to such person would not at the date  of the entry of any liquidation order,  or  otherwise,  as  provided  in  section seven thousand four hundred five of this article, entitle him to  share as a claimant in the assets of such insurer, or    (2)  the  obligation of the insurer to such person was purchased by or  transferred to such person with a view of its being used as  an  offset,  or    (3)  the  obligation  of  such  person  is to pay an assessment levied  against the members of a mutual insurer or  to  pay  a  balance  upon  a  subscription to the shares of a stock insurance corporation.

State Codes and Statutes

Statutes > New-york > Isc > Article-74 > 7427

§  7427.  Offsets.  (a) In all cases of mutual debts or mutual credits  between the insurer and another person in connection with any action  or  proceeding  under  this article, such credits and debts shall be set off  and the balance only shall be allowed or paid,  except  as  provided  in  subsection (b) hereof.    (b)  No  offset shall be allowed in favor of any such person, however,  where:    (1) the obligation of the insurer to such person would not at the date  of the entry of any liquidation order,  or  otherwise,  as  provided  in  section seven thousand four hundred five of this article, entitle him to  share as a claimant in the assets of such insurer, or    (2)  the  obligation of the insurer to such person was purchased by or  transferred to such person with a view of its being used as  an  offset,  or    (3)  the  obligation  of  such  person  is to pay an assessment levied  against the members of a mutual insurer or  to  pay  a  balance  upon  a  subscription to the shares of a stock insurance corporation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Isc > Article-74 > 7427

§  7427.  Offsets.  (a) In all cases of mutual debts or mutual credits  between the insurer and another person in connection with any action  or  proceeding  under  this article, such credits and debts shall be set off  and the balance only shall be allowed or paid,  except  as  provided  in  subsection (b) hereof.    (b)  No  offset shall be allowed in favor of any such person, however,  where:    (1) the obligation of the insurer to such person would not at the date  of the entry of any liquidation order,  or  otherwise,  as  provided  in  section seven thousand four hundred five of this article, entitle him to  share as a claimant in the assets of such insurer, or    (2)  the  obligation of the insurer to such person was purchased by or  transferred to such person with a view of its being used as  an  offset,  or    (3)  the  obligation  of  such  person  is to pay an assessment levied  against the members of a mutual insurer or  to  pay  a  balance  upon  a  subscription to the shares of a stock insurance corporation.