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§ 27-9-3-1-15 — Indiana Law | CourtGPT
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  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. § 27-9-3-1-15
Indiana Legal Code

§ 27-9-3-1-15

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In making a transfer of a netting agreement or qualified financial contract of an insurer that is subject to a proceeding under IC 27-9-3, the receiver shall either:(1) transfer to one (1) party, other than an insurer subject to a proceeding under IC 27-9-3, all netting agreements and qualified financial contracts between a counterparty or an affiliate of a counterparty and the insurer that is the subject of the proceeding, including:(A) all rights and obligations of each party; and(B) all property, including guarantees or credit enhancements, that secures claims of each party;under each netting agreement and qualified financial contract; or(2) transfer none of the netting agreements, qualified financial contracts, rights, obligations, or property referred to in subdivision (1) with respect to a counterparty or an affiliate of a counterparty.As added by P.L.11-2011, SEC.36.