Section 1021 Of Article 14. Proceedings In Cases Of Insolvency And Delinquency From California Insurance Code >> Division 1. >> Part 2. >> Chapter 1. >> Article 14.
1021
. (a) Upon the making of an order to liquidate the business of
such person, the commissioner shall publish notice to its
policyholders, creditors, shareholders, and all other persons
interested in its assets. The order and the notice shall require
claimants to file their claims with the commissioner, together with
proper proofs thereof, within six months to one year, at the
commissioner's discretion, after the date of first publication of
such notice, in the manner specified in this article.
(b) The time period specified in subdivision (a) shall not apply
to the California Insurance Guarantee Association or the California
Life and Health Insurance Guarantee Association provided it files
with the commissioner a notice of possible claim within such
six-month period and files actual claim or claims within such periods
of time as may be permitted by order of court.
(c) Notwithstanding the provisions of subdivision (a), both of the
following apply:
(1) If the commissioner determines that the business subject to
liquidation order possesses, or is likely to possess, insufficient
assets to permit significant distribution to a person interested in
those assets, the commissioner may decline to handle a claim
submitted pursuant to subdivision (a), as long as the notice
requirements of subdivision (a) and Section 1022 are observed.
(2) If the commissioner reasonably determines that the business
subject to liquidation order possesses, or is likely to possess,
insufficient assets to permit significant distribution of funds to
pay the expenses of administration under this article, as provided in
paragraph (1) of subdivision (a) of Section 1033, the commissioner
may decline to continue, and may abandon, the insolvency proceeding
upon providing notice pursuant to subdivision (a) and Section 1022.