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§ 27-9-3-1-14 — Indiana Law | CourtGPT
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  3. Indiana/
  4. Title 27 - Insurance/
  5. Article 9 - Supervision; Rehabilitation; Liquidation/
  6. Chapter 3.1 - Treatment of Certain Agreements27-9-3.1-1. "Actual Direct Compensatory Damages"/
  7. § 27-9-3-1-14
Indiana Legal Code

§ 27-9-3-1-14

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(a) Notwithstanding a walkaway clause in a netting agreement or qualified financial contract, upon termination of the netting agreement or qualified financial contract, any net or settlement amount owed by a nondefaulting party to an insurer against which an application or petition has been filed under IC 27-9-3 must be transferred:(1) to; or(2) according to the order of;the receiver for the insurer, regardless of whether the insurer is the defaulting party.(b) For purposes of subsection (a), a limited two-way payment or first method provision in a netting agreement or qualified financial contract with an insurer that has defaulted is considered to be a full two-way payment or second method provision as against the defaulting insurer.As added by P.L.11-2011, SEC.36.