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*What are the rights of the insured if a life insurer goes into insolvency?

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1.In order to preserve the insureds rights and interests and to maintain financial stability, Article 143-1 of the Insurance Act requires that insurers make contributions to set up a stabilization fund. 2.Pursuant to the Article 143-3 of the Insurance Act, if the business or financial conditions of an insurance enterprise deteriorate significantly such that it is unable to pay its debts, and the competent authority dispatches an receiver, orders suspension of business and dispatches an rehabilitator, or orders dissolution, the appropriate stabilization fund shall, within the scope and monetary limit prescribed by the competent authority, advance payment to the proposer, the insured, and the beneficiary on behalf of the insurance enterprise for claims to which the proposer, the insured, and the beneficiary are entitled pursuant to in-force business, and shall, with respect to the amount for which it advanced payment, be subrogated to the rights of claim of the proposer, the insured, and the beneficiary against the insurance enterprise. 3.Pursuant to Article 149-2 of the Insurance Act, when a receiver intends to assign operations, assets, or liabilities in whole or in part, if premium rates on the in-force business of the insurance enterprise under receivership are significantly out of line given current conditions and the other insurance enterprise will not accept the assignment unless premium rates are increased or insured amounts are reduced, the premium rates or insured amounts may be adjusted after approval is granted by the competent authority.

Visitor: 3607   Update: 2011-06-08
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