393.954. Claims against insured nonprofit water company after dissolution, procedure.
Claims against insured nonprofit water company after dissolution,procedure.
393.954. 1. Notwithstanding any other provision of law to thecontrary, except as provided in subsection 2 of this section, a claimagainst a nonprofit water company dissolved pursuant to sections 393.900 to393.951 for which the nonprofit water company has a contract of insurancewhich will indemnify such corporation for any adverse result from suchclaim:
(1) Is not barred by the dissolution of such nonprofit water company;
(2) May be asserted at any time within the statutory period otherwiseauthorized provided by law for such claims;
(3) May be asserted against the dissolved or dissolving nonprofitwater company, with service to be made upon the officer who signed thearticles of dissolution, and, at the request of the party bringing thesuit, the court shall appoint a defendant ad litem.
2. Judgments obtained in suits filed and prosecuted pursuant to thissection shall only be enforceable against one or more contracts ofinsurance issued to the corporation, its officers, directors, agents,servants or employees, indemnifying them, or any of them, against suchclaims.
3. Suits against nonprofit water companies shall be brought either inthe county in which the cause of action accrued or in any county in whichthe nonprofit water company has or prior to dissolution had an office forthe transaction of business.
(L. 1999 S.B. 160 & 82 § 19)