Section 11698.3 Of Article 1. Deposits By Workers’ Compensation Insurers From California Insurance Code >> Division 2. >> Part 3. >> Chapter 3. >> Article 1.
11698.3
. (a) If the insurer is a member insurer of the California
Insurance Guarantee Association (the association) and has been the
subject of an order of liquidation or receivership with a finding of
insolvency which has been entered by a court of competent
jurisdiction the association then becomes obligated to pay
compensable workers' compensation claims arising under the insurer's
policies, which are otherwise "covered claims" as defined in Article
14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of
Division 2. The commissioner shall immediately take control or
possession of the deposit required pursuant to Section 11691 and
shall transfer the deposit to the association.
(b) The association shall use the proceeds of the deposit and any
interest earned thereon, for the payment of compensable workers'
compensation claims arising under the insolvent insurer's policies
and which are otherwise covered claims, as defined in Article 14.2
(commencing with Section 1063) of Chapter 1 of Part 2 of Division 2,
and all expenses related thereto.
(c) The association shall make a full report and accounting of the
disposition of the deposit on or in the form and at the times as the
commissioner shall request, including a report of all interest
income earned on the deposit.
(d) At the time all of the insolvent insurer's California workers'
compensation claims liabilities are discharged, or at the time it is
actuarially determined that the remaining proceeds, and any interest
earned thereon, exceed those liabilities, the association shall
return the surplus to the insolvent insurer's estate.