Section 19: Action by Fund to obtain custody and control of claims information
[ Text of section added by 2024, 389, Sec. 3 effective April 9, 2025.]
Section 19. The Fund may bring an action against any third-party administrator, agent, attorney or other representative of the insolvent member insurer to obtain custody and control of all claims information, including files, records and electronic data, related to an insolvent member insurer that are appropriate or necessary for the Fund, or an association similar to the Fund in other states, to carry out its duties under this chapter. In such an action, the Fund shall have the absolute right through emergency equitable relief to obtain custody and control of all such claims information in the custody or control of such third-party administrator, agent, attorney or other representative of the insolvent member insurer, regardless of where such claims information may be physically located. In bringing such an action, the Fund shall not be subject to any defense, lien, whether possessory or otherwise, or other legal or equitable ground whatsoever for refusal to surrender such claims information that might be asserted against the liquidator of the insolvent member insurers. To the extent that litigation is required for the Fund to obtain custody of the claims information requested and it results in the relinquishment of claims information to the Fund after refusal to provide the same in response to a written demand, the court shall award the Fund its costs, expenses and reasonable attorney's fees incurred in bringing the action. This section shall have no effect on the rights and remedies that the custodian of such claims information may have against the insolvent member insurers, so long as such rights and remedies do not conflict with the rights of the Fund to custody and control of the claims information under this chapter.