Code of Virginia - Title 38.2 Insurance - Section 38.2-1616 Stay of proceedings against insolvent insurer; setting aside judgment, etc.; access to record...

§ 38.2-1616. Stay of proceedings against insolvent insurer; setting aside judgment, etc.; access to record...

A. All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this Commonwealth shall be stayed for up to six months and such additional time thereafter as may be determined by the court from the date the insolvency is determined or an ancillary proceeding is instituted in the Commonwealth, whichever is later, to permit proper defense by the Association of all pending causes of action. For any covered claims arising from a judgment under any decision, verdict or finding based on the default of the insolvent insurer or its failure to defend an insured, the Association either on its own behalf or on behalf of the insured may apply to have the judgment, order, decision, verdict or finding set aside by the same court or administrator that made the judgment, order, decision, verdict or finding and shall be permitted to defend against the claim on the merits.

B. The liquidator, receiver, or statutory successor of an insolvent insurer covered by this chapter shall permit access by the board or its authorized representatives to such of the insolvent insurer's records which are necessary for the board in carrying out its functions under this chapter with regard to covered claims. In addition, the liquidator, receiver or statutory successor shall provide the board or its representative with copies of such records upon the request by the board and at the expense of the board.

(1970, c. 766, § 38.1-773; 1986, c. 562; 1987, c. 529.)

Sections:  Previous  38.2-1610  38.2-1611  38.2-1611.1  38.2-1612  38.2-1613  38.2-1614  38.2-1615  38.2-1616  38.2-1617  38.2-1618  38.2-1619  38.2-1620  38.2-1621  38.2-1622  38.2-1623  Next

Last modified: April 3, 2009