Section 1030.5 Of Article 14. Proceedings In Cases Of Insolvency And Delinquency From California Insurance Code >> Division 1. >> Part 2. >> Chapter 1. >> Article 14.
1030.5
. (a) The liquidator may require, as a condition of payment
of the final liquidation dividend to a lender, or his assignee, who
has filed a claim for an unearned premium as an assignee of the
insured for valuable consideration, that such assignee of the insured
shall assign to the liquidator all his right, title, and interest in
any unsatisfied debt of the insured to such assignee, pertaining to
policies of the insolvent insurer, remaining unpaid after crediting
the final liquidation dividend, if the amount of such unsatisfied
debt is less than one hundred dollars and one cent ($100.01).
The liquidator may also require, as condition precedent, the
delivery to him of all the documents giving rise to such debt.
The liquidator, in his sole discretion, may determine whether or
not it will be feasible to attempt to collect any such assigned debt.
If he determines not to pursue collection of any such debt, he shall
file a declaration to that effect with the liquidation court and be
relieved of any further responsibility in respect to such debt.
(b) As used in this section, "insured" means a natural person who
purchased insurance from the insolvent insurer for personal, family,
or household purposes.