§ 60B.13 — Commissioner's Seizure Order
Plain-Language Summary
In a true emergency, the commissioner can seize an insurance company's property and records without waiting for a court order. The commissioner must then go to court within ten days to get a proper court seizure order. Law enforcement officers are required to help the commissioner carry out the seizure.
60B.13 COMMISSIONER’S SEIZURE ORDER.
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Subdivision 1.Issuance.
If it appears to the commissioner that an emergency exists whereby the interests of the creditors, policyholders, or the public will be endangered by the delay incident to applying for a court seizure order, then on any ground that would justify a court seizure order under section 60B.12, without notice and without applying to the court, the commissioner may issue a seizure order which must contain a verified statement of the grounds of action. As directed by the seizure order, the commissioner or any representatives of the commissioner shall forthwith take possession and control of all or any part of the property, books, accounts, documents, and other records of the insurer, and of the premises occupied by the insurer for the transaction of its business. The commissioner shall retain possession and control until the order is vacated by the commissioner, is set aside by order of court, is replaced by an order of the court pursuant to a proceeding commenced under subdivision 2, a formal proceeding under sections 60B.01 to 60B.61, or until the expiration of ten days without a filing by the commissioner of a petition for a court order as required by subdivision 2. §
Subd. 2.Judicial review.
Within ten days after the issuance of a seizure order under subdivision 1, the commissioner shall file with a district court a petition under section 60B.12, subdivision 1, for a court order of seizure, with written or oral notice of such petition to the insurer to the extent feasible; otherwise, the commissioner shall state to the court in writing the efforts made to give notice or the reasons why notice is not feasible. Thereafter, the matter shall proceed as provided in section 60B.12, except that the commissioner’s seizure order shall remain in effect as provided in subdivision 1. §
Subd. 3.Duty to assist commissioner.
Every law enforcement officer shall assist the commissioner in making and enforcing any such seizure, and every sheriff and police department shall furnish such deputies, patrol officers, or officers as are necessary to assist the commissioner. §
Subd. 4.Anticipatory breach.
Entry of a seizure order under this section shall not constitute an anticipatory breach of any contract of the insurer.
History:
1969 c 708 s 13; 1986 c 444
History: History: 1969 c 708 s 13; 1986 c 444