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(215 ILCS 5/190.1) (from Ch. 73, par. 802.1)
Sec. 190.1. Appeal of order directing liquidation - special claims procedure.
(1) Within 5 days of the effective date of this amendatory Act of 1982,
or, if later, within 5 days after the filing of a notice of appeal of an
order of liquidation, which order has not been stayed, the Director shall
present for the circuit court's approval a plan for the continued performance
of the defendant company's policy claims obligations, including the duty
to defend insureds under liability insurance policies, during the pendency
of an appeal. Such plan shall provide for the continued performance and
payment of policy claims obligations in the normal course of events, notwithstanding
the grounds alleged in support of the order of liquidation including the
ground of insolvency. In the event the defendant company's financial condition
will not, in the judgment of the Director, support the full performance
of all policy claims obligations during the appeal pendency period, the
plan may prefer the claims of certain policyholders and claimants over creditors
and interested parties as well as other policyholders and claimants, as
the Director finds to be fair and equitable considering the relative circumstances
of such policyholders and claimants. The circuit court shall examine the
plan submitted by the Director and if it finds the plan to be in the best
interests of the parties, the circuit court shall approve the plan.
No action shall lie against the Director or any of his deputies, agents,
clerks, assistants or attorneys by any party based on preference in an appeal
pendency plan approved by the circuit court.
(2) The appeal pendency plan shall not supersede or affect the obligations
of any insurance guaranty fund which under its own state law is required
to pay covered claims obligations during the appeal pendency period.
(Source: P.A. 96-1000, eff. 7-2-10.)
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