Ind. Code § 27-9-3.1-19
Claim arising from disaffirmance or repudiation
Indiana · Indiana Code Title 27 — Insurance · Status: effective
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- Ind. Code § 27-9-3.1-19, Claim arising from disaffirmance or repudiation, Indiana, version 1 as recorded 2026-09-28, yourstate.us, https://yourstate.us/provision/1664580
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Full text
Sec. 19.
(a) Notwithstanding IC 27-9-3 and this chapter, a claim of a counterparty against an estate arising from an insurer's receiver's disaffirmance or repudiation of a netting agreement or qualified financial contract that has not been previously affirmed in the liquidation or immediately preceding conservation or rehabilitation case must be determined and allowed or disallowed:
(1) as if the claim had arisen before the date of the filing of the petition for liquidation; or
(2) if a conservation or rehabilitation proceeding is converted to a liquidation proceeding, as if the claim had arisen before the date of the filing of the petition for conservation or rehabilitation.
(b) The amount of a claim described in subsection (a) is the actual direct compensatory damages determined as of the date of the disaffirmance or repudiation of the netting agreement or qualified financial contract.