Section 1016 Of Article 14. Proceedings In Cases Of Insolvency And Delinquency From California Insurance Code >> Division 1. >> Part 2. >> Chapter 1. >> Article 14.
1016
. (a) If at any time after the issuance of an order under
Section 1011, or if at the time of instituting any proceeding under
this article, including under Section 1011, it shall appear to the
commissioner that it would be futile to proceed as conservator with
the conduct of the business of that person, he or she may apply to
the court for an order to liquidate and wind up the business of the
person. Upon a full hearing of that application, the court may make
an order directing the winding up and liquidation of the business of
that person by the commissioner, as liquidator, for the purpose of
carrying out the order to liquidate and wind up the business of that
person.
(b) Notwithstanding subdivision (a), the court may issue an order
to liquidate and wind up the business of a person as to whom a
verified application is filed pursuant to subdivision (j) of Section
1011 based solely on the verified application and hearing as provided
for in subdivision (a) of Section 1011.1, without further hearing,
or may issue an order to liquidate and wind up the business of the
person upon application by the commissioner after the issuance of an
order under Section 1011. The court's order may direct the winding up
and liquidation of the business of the person by the commissioner,
as liquidator, for the purpose of carrying out the order to liquidate
and wind up the business of the person.