Maine Revised Statutes Title 24-A Sec. 4355 – Jurisdiction over related persons and transactions
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1. A court of this State, in which an order of rehabilitation or liquidation has been entered in delinquency proceedings against a domestic insurer or alien insurer domiciled in this State, has jurisdiction also over persons, served as provided in subsection 2, in an action brought by the insurer’s receiver on or arising out of such obligation or relationship, as follows:
A. Persons obligated to the insurer as a result of agency or brokerage or transactions between such persons and the insurer; [PL 1969, c. 132, §1 (NEW).]
B. Reinsurers of the insurer, and their representatives; [PL 1991, c. 828, §27 (AMD).]
C. Past or present officers, managers, trustees, directors, organizers and promoters of the insurer, and other persons in positions of similar responsibility with the insurer; [PL 1991, c. 828, §27 (AMD).]
D. Persons served who are or were at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; and [PL 1991, c. 828, §28 (NEW).]
E. Persons served who are obligated to the insurer in any way whatsoever, in any action on or incident to the obligation. [PL 1991, c. 828, §28 (NEW).]
[PL 1991, c. 828, §§27, 28 (AMD).]
Terms Used In Maine Revised Statutes Title 24-A Sec. 4355
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Service of process: The service of writs or summonses to the appropriate party.
2. As to those of such persons who are in this State, personal service of process shall be made as in other civil actions. As to those of such persons who cannot be found in this State at the time process is to be served, personal service of process shall be made thereon by a public officer of the jurisdiction in which such person may be found, in the same manner as personal service of process is required to be made within this State under the laws of this State; and the affidavit or certificate under oath setting forth the facts of such service shall be filed in the court in this State in which the action is pending.
[PL 1969, c. 132, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 132, §1 (NEW). PL 1991, c. 828, §27 (AMD). PL 1991, c. 828, §28 (AMD).