Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 221.5 - Injunctions and orders(a) Any receiver appointed in a proceeding under this article may at any time apply for and the Commonwealth Court may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent: (i) the transaction of further business; (ii)the transfer of property; (iii)interference with the receiver or with the proceeding; (iv) waste of the insurer's assets; (v)dissipation and transfer of bank accounts; (vi)the institution or further prosecution of any actions or proceedings;(vii)the obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets or its policyholders; (viii) the levying of execution against the insurer, its assets or its policyholders; (ix) the making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of this insurer;(x)the withholding from the receiver of books, accounts, documents or other records relating to the business of the insurer; or(xi)any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of the proceeding.(a.1) Notwithstanding subsection (a) or any otherprovision of this article to the contrary, no FHLBank shall bestayed, enjoined or prohibited from exercising any right orenforcing any obligation under an FHLBank security agreement,relating to collateral pledged by an insurer-member to theFHLBank.(b) The receiver may apply to any court outside of the Commonwealth for the relief described in subsection (a) or suspension of any insurance licenses issued by the commissioner.Amended by P.L. TBD 2014 No. 144, § 2, eff. 10/14/2014.1921, May 17, P.L. 789, art. V, § 505, added 1977, Dec. 14, P.L. 280, No. 92, § 2, imd. effective.