State Codes and Statutes

Statutes > Wisconsin > 646 > 646.15

646.15

646.15 Proceedings involving insurers.

646.15(1)

(1) Injunctions and orders.

646.15(1)(a)

(a) If an insurer is in liquidation, the fund may apply to the circuit court for Dane County for, and the court may grant, restraining orders, temporary and permanent injunctions, and other orders considered necessary and proper to prevent any of the following:

646.15(1)(a)1.

1. Interference with the fund or with its administrative proceedings.

646.15(1)(a)2.

2. The institution or further prosecution of any action or proceeding involving the insurer or in which the fund is obligated to defend a party.

646.15(1)(a)3.

3. The obtaining of a preference, judgment, garnishment or lien against the insurer or its assets.

646.15(1)(a)4.

4. Any other threatened or contemplated action that might prejudice the rights of policyholders or the administration of the liquidation or fund proceedings.

646.15(1)(b)

(b) Upon granting an application under par. (a), the court may retain jurisdiction of any further proceeding or relief, as the court considers necessary and proper, involving the insurer.

646.15(2)

(2) Exclusive proceedings. A court of this state does not have jurisdiction to entertain, hear or determine a proceeding or to grant relief if the proceeding or relief involves or is related to a nondomestic insurer which is in liquidation unless the court is so authorized under this chapter or ch. 645.

646.15 - ANNOT.

History: 1987 a. 325; 1999 a. 30; 2003 a. 261.