3818

All procedures in which the insolvent insurer is a party or is bound to defend a party before the courts of Puerto Rico, shall be stayed for a period of up to six (6) months, and for any additional time granted by the court, from the date the insolvency was determined, or an ancillary procedure was instituted in Puerto Rico, as described in § 4049 of this title, whichever is later, to permit the Association an adequate defense in all caused pending action. With respect to any covered claim arising from a judgment under any decision, verdict or ruling based on the default of the insolvent insurer, or for its failure to defend an insured, the Association, on its own behalf or on behalf of said insured, may request that the judgment, order, decision, verdict or ruling be set aside by the same court or administration that issued said judgment, order, decision, verdict or ruling, and it shall be permitted to defend the claim on its merits.\nThe liquidator, receiver or statutory successor of an insolvent insurer covered by this chapter shall allow access to the Board or its authorized representative to those records of the insolvent insurer which may be needed for the Board to execute

of an insolvent insurer covered by this chapter shall allow access to the Board or its authorized representative to those records of the insolvent insurer which may be needed for the Board to execute its functions with respect to covered claims under this chapter. Furthermore, the liquidator, receiver or statutory successor shall provide the Board or its representative with copies of said records upon request by the Board and at the expense of the Board.\nHistory —Ins. Code, added as § 38.180 on Aug. 17, 1991, No. 72, § 1.