375.1154. Delinquency proceeding, director to initiate--law to govern proceedings--situs of insurer and property this state, when--venue.
Delinquency proceeding, director to initiate--law to governproceedings--situs of insurer and property this state, when--venue.
375.1154. 1. No delinquency proceeding shall be commencedafter August 28, 1991, by anyone other than the director and nocourt shall have jurisdiction to entertain, hear or determine anyproceedings commenced by any other person.
2. No court of this state shall have jurisdiction toentertain, hear or determine any complaint praying for thedissolution, liquidation, rehabilitation, sequestration,supervision, conservation or receivership of any insurer; orpraying for an injunction or restraining order or other reliefpreliminary to, incidental to or relating to such proceedingsother than in accordance with sections 375.1150 to 375.1246.
3. All assets of or owing to an insurer which wasincorporated under the laws of this state and which is subject toa formal delinquency proceeding shall be deemed to have a situswithin the jurisdiction of the court supervising such proceeding,and jurisdiction and venue of any action by the receiver tocollect such assets shall be proper in such court.
4. In addition to other grounds for jurisdiction providedby the law of this state, a court of this state havingjurisdiction of the subject matter has jurisdiction over a personserved pursuant to applicable laws or supreme court rule in anaction brought by the receiver of a domestic insurer or an alieninsurer domiciled in this state:
(a) If the person served is an agent, broker, or otherperson who has at any time written policies of insurance for orhas acted in any manner whatsoever on behalf of an insureragainst which a delinquency proceeding has been instituted, inany action resulting from or incident to such a relationship withthe insurer; or
(b) If the person served is a reinsurer who has at any timeentered into a contract of reinsurance with an insurer againstwhich a delinquency proceeding has been instituted, or is anagent or broker of or for the reinsurer, in any action on orincident to the reinsurance contract; or
(c) If the person served is or has been an officer,director, manager, trustee, organizer, promoter, or other personin a position of comparable authority or influence over aninsurer against which a delinquency proceeding has beeninstituted, in any action resulting from or incident to such arelationship with the insurer; or
(d) If the person served is or was at the time of theinstitution of the delinquency proceeding against the insurerholding assets in which the receiver claims an interest on behalfof the insurer, in any action concerning the assets; or
(e) If the person served is obligated to the insurer in anyway whatsoever, in any action on or incident to the obligation.
5. If the court on motion of any party finds that anyaction should as a matter of substantial justice be tried in aforum outside this state, the court may enter an appropriateorder to stay further proceedings on the action in this state.
6. All actions herein authorized shall be brought in thecircuit court of Cole County or of any county where the principaloffice of the insurer is or was last located, and venue of allproceedings and cases ancillary or related to such actions shallbe proper in said court.
(L. 1991 H.B. 385, et al. § 52)