WVC 33 - 10 - 30
§33-10-30. Time within which claims to be filed.
(a) If upon the granting of an order of liquidation under this
article or at any time thereafter during the liquidation
proceeding, the insurer shall not be clearly solvent, the court
shall, after notice and hearing as provided in this article, make
an order declaring the insurer to be insolvent. Thereupon
regardless of any prior notice which may have been given to
creditors, the commissioner shall notify all persons who may have
claims against the insurer and who have not filed proper proofs
thereof to present the same to him or her, at a place specified in
the notice, within four months from the date of entry of the order,
or if the commissioner shall certify that it is necessary, within
such longer time as the court shall prescribe. The last day for
filing of proofs of claims shall be specified in the notice and
notice shall be given in a manner to be determined by the court.
(b) Proofs of claim may be filed subsequent to the date
specified, but no such claim may share in the distribution of the
assets until all allowed claims, proofs of which have been filed
before said date, have been paid in full with interest, except as
provided in section twenty-six-d of this article.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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