§ 27-14.3-4 Jurisdiction and venue. –(a) A delinquency proceeding shall be commenced under this chapter by thecommissioner and no court shall have jurisdiction to entertain, hear ordetermine any proceeding commenced by any other person; provided, that a RhodeIsland trade association or another similar entity or entities representingnonprofit hospitals in Rhode Island acting by and through its members shall beconsulted prior to the commencement of and included as a party to a delinquencyproceeding brought against nonprofit hospital service corporations, nonprofitmedical service corporations, or nonprofit dental service corporations; andprovided, that a trade association or similar entity or entities may request ahearing before the commissioner in order to require the commissioner tocommence a delinquency proceeding under this chapter against nonprofit hospitalservice corporations, nonprofit medical service corporations, or nonprofitdental service corporations, and if the commissioner does not hold the hearingwithin ten (10) business days of the request or if the request is denied afterthe hearing, the requesting party may petition the superior court forProvidence County for an order directing the commissioner to commence adelinquency proceeding pursuant to this chapter and the court shall hear thepetition on an expedited basis. The administrative proceeding before thecommissioner and the judicial review of those proceedings, and all records andother documents or papers relating to the proceedings so far as they pertain toor are a part of the record of the proceedings, shall be and remainconfidential except as is necessary to obtain compliance with the proceedings,unless and until the superior court for the county of Providence, after hearingarguments from the parties in chambers, shall order otherwise or unless thenonprofit hospital corporation, nonprofit medical corporation, or nonprofitdental service corporation request that the matter be made public. All papersshall be held in confidential files.
(b) No court of this state shall have jurisdiction toentertain, hear, or determine any complaint praying for the dissolution,liquidation, rehabilitation, sequestration, conservation, or receivership ofany insurer or praying for an injunction or restraining order or other reliefpreliminary to, incidental to, or relating to those proceedings other than inaccordance with this chapter.
(c) In addition to other grounds for jurisdiction provided bythe law of this state, a court of this state having jurisdiction of the subjectmatter has jurisdiction over a person served pursuant to Rule 4 of the SuperiorCourt Rules of Civil Procedure or other applicable provisions of law in anaction brought by the receiver of a domestic insurer or an alien insurerdomiciled in this state:
(1) If the person served is an agent, broker, insuranceproducer, or other person who has at any time written policies of insurance foror has acted in any manner on behalf of an insurer against which a delinquencyproceeding has been instituted, in any action resulting from or incident tothis relationship with the insurer;
(2) If the person served is a reinsurer who has at any timeentered into a contract of reinsurance with an insurer against which adelinquency proceeding has been instituted, or is an agent, insurance producer,or broker of or for the reinsurer, in any action on or incident to thereinsurance contract;
(3) If the person served is or has been an officer, director,manager, trustee, organizer, promoter, or other person in a position ofcomparable authority or influence over an insurer against which a delinquencyproceeding has been instituted, in any action resulting from or incident tothis relationship with the insurer;
(4) If the person served is or was at the time of theinstitution of the delinquency proceeding against the insurer holding assets inwhich the receiver claims an interest on behalf of the insurer, in any actionconcerning the assets; or
(5) If the person served is obligated to the insurer in anyway, in any action on or incident to the obligation.
(d) If the court on motion of the liquidator finds any actionshould as a matter of substantial justice be tried in a forum outside of thisstate, the court may enter an appropriate order to stay further proceedings onthe action in this state.
(e) All action authorized pursuant to this section shall bebrought in the superior court for the county of Providence.
§ 27-14.3-4 Jurisdiction and venue. –(a) A delinquency proceeding shall be commenced under this chapter by thecommissioner and no court shall have jurisdiction to entertain, hear ordetermine any proceeding commenced by any other person; provided, that a RhodeIsland trade association or another similar entity or entities representingnonprofit hospitals in Rhode Island acting by and through its members shall beconsulted prior to the commencement of and included as a party to a delinquencyproceeding brought against nonprofit hospital service corporations, nonprofitmedical service corporations, or nonprofit dental service corporations; andprovided, that a trade association or similar entity or entities may request ahearing before the commissioner in order to require the commissioner tocommence a delinquency proceeding under this chapter against nonprofit hospitalservice corporations, nonprofit medical service corporations, or nonprofitdental service corporations, and if the commissioner does not hold the hearingwithin ten (10) business days of the request or if the request is denied afterthe hearing, the requesting party may petition the superior court forProvidence County for an order directing the commissioner to commence adelinquency proceeding pursuant to this chapter and the court shall hear thepetition on an expedited basis. The administrative proceeding before thecommissioner and the judicial review of those proceedings, and all records andother documents or papers relating to the proceedings so far as they pertain toor are a part of the record of the proceedings, shall be and remainconfidential except as is necessary to obtain compliance with the proceedings,unless and until the superior court for the county of Providence, after hearingarguments from the parties in chambers, shall order otherwise or unless thenonprofit hospital corporation, nonprofit medical corporation, or nonprofitdental service corporation request that the matter be made public. All papersshall be held in confidential files.
(b) No court of this state shall have jurisdiction toentertain, hear, or determine any complaint praying for the dissolution,liquidation, rehabilitation, sequestration, conservation, or receivership ofany insurer or praying for an injunction or restraining order or other reliefpreliminary to, incidental to, or relating to those proceedings other than inaccordance with this chapter.
(c) In addition to other grounds for jurisdiction provided bythe law of this state, a court of this state having jurisdiction of the subjectmatter has jurisdiction over a person served pursuant to Rule 4 of the SuperiorCourt Rules of Civil Procedure or other applicable provisions of law in anaction brought by the receiver of a domestic insurer or an alien insurerdomiciled in this state:
(1) If the person served is an agent, broker, insuranceproducer, or other person who has at any time written policies of insurance foror has acted in any manner on behalf of an insurer against which a delinquencyproceeding has been instituted, in any action resulting from or incident tothis relationship with the insurer;
(2) If the person served is a reinsurer who has at any timeentered into a contract of reinsurance with an insurer against which adelinquency proceeding has been instituted, or is an agent, insurance producer,or broker of or for the reinsurer, in any action on or incident to thereinsurance contract;
(3) If the person served is or has been an officer, director,manager, trustee, organizer, promoter, or other person in a position ofcomparable authority or influence over an insurer against which a delinquencyproceeding has been instituted, in any action resulting from or incident tothis relationship with the insurer;
(4) If the person served is or was at the time of theinstitution of the delinquency proceeding against the insurer holding assets inwhich the receiver claims an interest on behalf of the insurer, in any actionconcerning the assets; or
(5) If the person served is obligated to the insurer in anyway, in any action on or incident to the obligation.
(d) If the court on motion of the liquidator finds any actionshould as a matter of substantial justice be tried in a forum outside of thisstate, the court may enter an appropriate order to stay further proceedings onthe action in this state.
(e) All action authorized pursuant to this section shall bebrought in the superior court for the county of Providence.
§ 27-14.3-4 Jurisdiction and venue. –(a) A delinquency proceeding shall be commenced under this chapter by thecommissioner and no court shall have jurisdiction to entertain, hear ordetermine any proceeding commenced by any other person; provided, that a RhodeIsland trade association or another similar entity or entities representingnonprofit hospitals in Rhode Island acting by and through its members shall beconsulted prior to the commencement of and included as a party to a delinquencyproceeding brought against nonprofit hospital service corporations, nonprofitmedical service corporations, or nonprofit dental service corporations; andprovided, that a trade association or similar entity or entities may request ahearing before the commissioner in order to require the commissioner tocommence a delinquency proceeding under this chapter against nonprofit hospitalservice corporations, nonprofit medical service corporations, or nonprofitdental service corporations, and if the commissioner does not hold the hearingwithin ten (10) business days of the request or if the request is denied afterthe hearing, the requesting party may petition the superior court forProvidence County for an order directing the commissioner to commence adelinquency proceeding pursuant to this chapter and the court shall hear thepetition on an expedited basis. The administrative proceeding before thecommissioner and the judicial review of those proceedings, and all records andother documents or papers relating to the proceedings so far as they pertain toor are a part of the record of the proceedings, shall be and remainconfidential except as is necessary to obtain compliance with the proceedings,unless and until the superior court for the county of Providence, after hearingarguments from the parties in chambers, shall order otherwise or unless thenonprofit hospital corporation, nonprofit medical corporation, or nonprofitdental service corporation request that the matter be made public. All papersshall be held in confidential files.
(b) No court of this state shall have jurisdiction toentertain, hear, or determine any complaint praying for the dissolution,liquidation, rehabilitation, sequestration, conservation, or receivership ofany insurer or praying for an injunction or restraining order or other reliefpreliminary to, incidental to, or relating to those proceedings other than inaccordance with this chapter.
(c) In addition to other grounds for jurisdiction provided bythe law of this state, a court of this state having jurisdiction of the subjectmatter has jurisdiction over a person served pursuant to Rule 4 of the SuperiorCourt Rules of Civil Procedure or other applicable provisions of law in anaction brought by the receiver of a domestic insurer or an alien insurerdomiciled in this state:
(1) If the person served is an agent, broker, insuranceproducer, or other person who has at any time written policies of insurance foror has acted in any manner on behalf of an insurer against which a delinquencyproceeding has been instituted, in any action resulting from or incident tothis relationship with the insurer;
(2) If the person served is a reinsurer who has at any timeentered into a contract of reinsurance with an insurer against which adelinquency proceeding has been instituted, or is an agent, insurance producer,or broker of or for the reinsurer, in any action on or incident to thereinsurance contract;
(3) If the person served is or has been an officer, director,manager, trustee, organizer, promoter, or other person in a position ofcomparable authority or influence over an insurer against which a delinquencyproceeding has been instituted, in any action resulting from or incident tothis relationship with the insurer;
(4) If the person served is or was at the time of theinstitution of the delinquency proceeding against the insurer holding assets inwhich the receiver claims an interest on behalf of the insurer, in any actionconcerning the assets; or
(5) If the person served is obligated to the insurer in anyway, in any action on or incident to the obligation.
(d) If the court on motion of the liquidator finds any actionshould as a matter of substantial justice be tried in a forum outside of thisstate, the court may enter an appropriate order to stay further proceedings onthe action in this state.
(e) All action authorized pursuant to this section shall bebrought in the superior court for the county of Providence.
