§ 27-16-2.1 - Enforcement of orders.
SECTION 27-16-2.1
§ 27-16-2.1 Enforcement of orders. –(a) Enforcement. The attorney general upon request of the commissionermay proceed in the courts of this state or any reciprocal state to enforce anorder of decision in any court proceeding or in any administrative proceedingbefore the commissioner of insurance.
(b) Definitions. In this section:
(1) "Foreign decree" means any decree or order in equity of acourt located in a "reciprocal state", including a court of the United Stateslocated in the United States, against any insurer incorporated or authorized todo business in this state;
(2) "Qualified party" means a state regulatory agency actingin its capacity to enforce the insurance laws of its state; and
(3) "Reciprocal state" means any state or territory of theUnited States the laws of which contain procedures substantially similar tothose specified in this section for the enforcement of decrees or orders inequity issued by courts located in other states or territories of the UnitedStates, against any insurer incorporated or authorized to do business in thestate or territory.
(c) List of reciprocal states. The insurancecommissioner shall determine which states and territories qualify as reciprocalstates and shall maintain at all times an up to date list of those states.
(d) Filing and status of foreign decrees. A copy ofany foreign decree authenticated in accordance with the statutes of this statemay be filed in the office of the clerk of any superior court of this state.The clerk, upon verifying with the insurance commissioner that the decree ororder qualifies as a "foreign decree", shall treat the foreign decree in thesame manner as a decree of the superior court of this state. A foreign decreefiled in this manner has the same effect and shall be deemed as a decree of thesuperior court of this state, and is subject to the same procedures, defenses,and proceedings for reopening, vacating, or staying as a decree of the superiorcourt of this state and may be enforced or satisfied in a similar manner.
(1) At the time of the filing of the foreign decree, theattorney general shall make and file with the clerk of the court an affidavitsetting forth the name and last known post office address of the defendant;
(2) Promptly upon the filing of the foreign decree and theaffidavit, the clerk shall mail a notice of the filing of the foreign decree tothe defendant at the address given and to the insurance commissioner of thisstate and shall make a note of the mailing in the docket. In addition, theattorney general may mail a notice of the filing of the foreign decree to thedefendant and to the insurance commissioner of this state and may file proof ofmailing with the clerk. Lack of a mailing notice of filing by the clerk shallnot affect the enforcement proceedings if proof of the mailing by the attorneygeneral has been filed;
(3) No execution or other process for enforcement of aforeign decree filed under this section shall issue until thirty (30) daysafter the date the decree is filed.
(1) If the defendant shows the superior court that an appealfrom the foreign decree is pending or will be taken, or that a stay ofexecution has been granted, the court shall stay the enforcement of the foreigndecree until the appeal is concluded, the time for appeal expires, or the stayof execution expires or is vacated, upon proof that the defendant has furnishedthe security for the satisfaction of the decree required by the state in whichit was rendered;
(2) If the defendant shows the superior court any ground uponwhich enforcement of a decree of the superior court of this state would bestayed, the court shall stay enforcement of the foreign decree for anappropriate period, upon requiring the same security for satisfaction of thedecree which is required in this state.
(g) Fees. Any person filing a foreign decree shall payto the clerk of court five dollars ($5.00). Fees for docketing, transcription,or other enforcement proceedings shall be as provided for decrees of thesuperior court.