Current through the 2024 Fourth Special Session
Section 31A-37-104 - Applicability of reorganization, receivership, and injunction authority(1) Except as provided in Chapter 37a, Special Purpose Financial Captive Insurance Company Act, and Subsection (2), Chapter 27a, Insurer Receivership Act, applies to a captive insurance company formed or holding a certificate of authority under this chapter.(2) In the case of a sponsored captive insurance company: (a) the assets of a protected cell may not be used to pay an expense or claim other than one attributable to the protected cell; and(b) the capital and surplus of the sponsored captive insurance company: (i) shall at all times be available to pay: (A) an expense of the sponsored captive insurance company; or(B) a claim against the sponsored captive insurance company; and(ii) may not be used to pay an expense or claim attributable to a protected cell.Amended by Chapter 302, 2008 General Session.