Section 1051 Of Article 14. Proceedings In Cases Of Insolvency And Delinquency From California Insurance Code >> Division 1. >> Part 2. >> Chapter 1. >> Article 14.
1051
. After the expiration of the time fixed in the order provided
for in section 1050, and upon the filing of such petition, said court
shall direct notice of a hearing of said petitions to be given to
the commissioner and to such petitioners as are shareholders of such
insurer. At such hearing, all petitions for the disapproval and all
petitions for the modification of said mutualization plan shall be
given precedence over all petitions for the appointment of one or
more appraisers. Upon hearing of all such petitions for the
disapproval and for the modification of said mutualization plan, said
court shall either approve said mutualization plan or disapprove it
or modify it in such manner and to such extent, not inconsistent with
the provisions of this article, as to said court shall seem
appropriate. In the event of the disapproval of said mutualization
plan the court shall deny all petitions for the appointment of one or
more appraisers. In the event of the approval or modification of
said mutualization plan, the court shall, upon hearing of the
petitions for the appointment of appraisers, appoint one or more
appraisers, who shall appraise the then outstanding shares of the
capital stock of such insurer, without regard to any appreciation or
depreciation arising out of said mutualization plan as so approved or
modified. Such appraisement shall fix the reasonable value of such
shares of capital stock, including the goodwill, if any, of such
insurer, and shall state the value, if any, assigned to such
goodwill; and if the appraisers shall have found that such insurer
has no goodwill, such finding shall be stated. Such appraisement,
when confirmed by said court, shall be final and conclusive.