§431:15-333  Liquidator's recommendations to the court.  (a)  The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as the liquidator shall deem necessary.  The liquidator may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court, except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty fund or association, or foreign guaranty fund or association.  Unresolved disputes shall be determined under section 431:15-329.  As soon as practicable, the liquidator shall present to the court a report of the claims against the insurer with the liquidator's recommendations.  The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any.  If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values of other investment value and the amounts owed.

     (b)  The court may approve, disapprove or modify the report on claims by the liquidator.  Such reports as are not modified by the court within a period of sixty days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject thereafter to later modification or to rulings made by the court pursuant to section 431:15-329.  No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits. [L 1987, c 347, pt of §2]


Case Notes


  Liquidation court had personal jurisdiction over former parent company of liquidated life insurer after liquidator filed a motion for an order confirming liquidator's denial of a disputed claim that the company remained the sole shareholder of the insurer following liquidator's alleged failure to validly forfeit the company's surrendered shares.  The motion did not initiate a new suit but was instead a continuation of the liquidation proceeding and was properly filed with the liquidation court, whose review of the claim was provided for under the Insurers Supervision, Rehabilitation and Liquidation Act.  135 H. 49, 346 P.3d 118 (2015).