Ohio § 3903.34

§ 3903.34.

(A) Within one hundred twenty days of a final determination of insolvency of an insurer

by a court of this state, the liquidator shall make application to the court for approval

of a proposal to disburse assets out of marshalled assets, from time to time as such

assets become available, to any guaranty associations or foreign guaranty associations

having obligations because of such insolvency.  If the liquidator determines that there are insufficient assets to disburse, the

application required by this section shall be considered satisfied by a filing by

the liquidator stating the reasons for this determination. (B) Such proposal shall include, but not be limited to, provisions for all of the following: (1) Reserving amounts for the payment of expenses of administration and the payment of

claims of secured creditors, to the extent of the value of the security held, and

claims falling within the priorities established in divisions (B) and (D) of section 3903.42 of the Revised Code ; (2) Disbursement of the assets marshalled to date and subsequent disbursement of assets

as they become available; (3) Equitable allocation of disbursements to each of the guaranty associations and foreign

guaranty associations entitled thereto; (4) The securing by the liquidator from each of the associations entitled to disbursements

pursuant to this section of an agreement to return to the liquidator such assets,

together with income earned on assets previously disbursed, as may be required to

pay claims of secured creditors and claims falling within the priorities established

in section 3903.42 of the Revised Code in accordance with such priorities.  No bond shall be required of any such association. (5) A full report to be made by each association to the liquidator accounting for all

assets so disbursed to the association, all disbursements made therefrom, any interest

earned by the association on such assets, and any other matter as the court may direct. (C) The liquidator's proposal shall provide for disbursements to the associations in

amounts estimated at least equal to the claim payments made or to be made by the associations

for which such associations could assert a claim against the liquidator, and shall

further provide that, if the assets available for disbursement from time to time do

not equal or exceed the amount of such claim payments made or to be made by the association,

then disbursements shall be in the amount of available assets. (D) The liquidator's proposal shall, with respect to an insolvent insurer writing life

or health insurance or annuities, provide for disbursements of assets to any guaranty

association or any foreign guaranty association covering life or health insurance

or annuities or to any other entity or organization reinsuring, assuming, or guaranteeing

policies or contracts of insurance under the acts creating such associations. (E) Notice of such application shall be served upon the associations in, and the superintendents

or commissioners of insurance or equivalent officers of, each of the states by certified

mail as provided in Civil Rule 4.1(E) at least thirty days prior to submission of the application to the court.  Action on the application may be taken by the court provided the above required

notice has been given and provided further that the liquidator's proposal complies

with divisions (B)(1) and (2) of this section.