Section 1027 Of Article 14. Proceedings In Cases Of Insolvency And Delinquency From California Insurance Code >> Division 1. >> Part 2. >> Chapter 1. >> Article 14.
1027
. A claim by a third party founded upon an insurance policy may
be allowed by the liquidator without requiring such claim to be
reduced to judgment, provided it can be reasonably inferred from the
proof presented that the claimant would be able to obtain a judgment
upon his cause of action against the insured and that such judgment
would represent a liability of the person in liquidation under the
policy of insurance upon which such claim is founded.
In the event several claims founded upon one policy or bond are
filed, and the aggregate amount of such claims exceeds the liability
limit of said policy or bond, and one or more of such claims is
unliquidated and undetermined, then all of such claims shall be
deemed unliquidated and undetermined; provided, however, that should
one or more of said claims become determined and proved within the
time provided in this article, the liquidator, upon any distribution
to creditors, shall impound the distribution percentage of the face
amount of said claim or claims so determined and proved, not
exceeding the policy or bond limit, and upon such claim or claims
becoming liquidated as to amount, the liquidator shall release to
such claimant the distribution percentage of the final liquidated
value of such claims out of the funds so impounded.