New York Insurance Code § 8015

Limitations of actions; security
Open in Lexace · Ask the AI about this section
§ 8015. Limitations of actions; security. (a) Notwithstanding any\nother provision of law to the contrary and except as otherwise provided\nin subsection (c) or (d) of this section, actions concerning or arising\nout of any plan of reorganization, proposed plan of reorganization, plan\namendment or proposed plan amendment under this article or any acts\ntaken or proposed to be taken under this article must be commenced\nwithin eighteen months after the plan of reorganization or plan\namendment is filed pursuant to subsection (a) of section eight thousand\nnine of this article or the charter is filed pursuant to subsection (c)\nof section eight thousand seventeen of this article, as the case may be,\nin the office of the superintendent or one year from the effective date\nof the plan of reorganization, whichever is later, or if the plan of\nreorganization or plan amendment is withdrawn, within one year from the\ndate the board of directors approves a resolution to withdraw the plan.\nWhere an action concerns or arises out of a plan amendment or proposed\nplan amendment made under section eight thousand five of this article,\nthe applicable time period is measured from the filing, effective date\nor approval of withdrawal of the plan amendment, as the case may be.\nWhere the action arises out of either a transfer of subsidiaries\npursuant to section eight thousand twenty of this article or a sale of\nsecurities of the reorganized insurer or any stock holding company\npursuant to section eight thousand eighteen of this article, which\ntransfer or sale is not contemplated by the plan, then the applicable\ntime period shall be measured from the effective date of such transfer\nor sale, as the case may be. Where the action arises out of the terms or\nproposed terms for the establishment of the closed block or such\nalternative provision pursuant to subsection (b) of section eight\nthousand three of this article, then the applicable time period shall be\nmeasured from the implementation date as defined in subsection (e) of\nsection eight thousand three of this article. Where the action concerns\nor arises out of a plan of reorganization adopted pursuant to section\neight thousand nineteen of this article, then the applicable time period\nshall be measured from the effective date of the plan of reorganization.\n  (b) In any action referred to in subsection (a) of this section, the\nplaintiff or plaintiffs shall be required, upon a motion of the mutual\nholding company, reorganizing insurer or reorganized insurer or any\nstock holding company which establishes to the satisfaction of the\ncourt, that a substantial likelihood exists that such action is brought\nwithout merit and with an intention to delay or harass, to give adequate\nsecurity for the damages and reasonable expenses, including attorneys'\nfees, which may be incurred as a result of, or in connection with, such\naction by such company and by any other defendants in such action or for\nwhich such company may become liable, to which security the mutual\nholding company, reorganizing insurer or reorganized insurer or any\nstock holding company shall have recourse in such amount as the court\ndetermines upon the termination of such action. The amount of security\nmay from time to time be increased or decreased in the discretion of the\ncourt upon a showing that the security provided has or may become\ninadequate or excessive.\n  (c) Notwithstanding any other provision of law to the contrary, any\naction seeking a stay, restraining order, injunction or similar remedy\nto prevent or delay the closing of any transaction pursuant to this\narticle or of any transaction described in the plan of reorganization\nmust be commenced within one hundred twenty days after, as applicable:\n(1) the approval of a plan of reorganization by the superintendent\npursuant to section eight thousand seven or eight thousand nineteen of\nthis article, as the case may be; or (2) the approval of the\nsupe

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.