§ 7032. Jurisdiction and venue
(a) A delinquency proceeding shall not be commenced under this chapter by anyone other
than the Commissioner and a court shall have no jurisdiction to entertain, hear, or
determine any proceeding commenced by any other person.
(b) A court of this State shall have no jurisdiction to entertain, hear, or determine
any complaint praying for the dissolution, liquidation, rehabilitation, sequestration,
conservation, or receivership of any insurer; or praying for an injunction or restraining
order or other relief preliminary to, incidental to, or relating to such proceedings
other than in accordance with this chapter.
(c) In addition to other grounds for jurisdiction provided by the law of this State, a
court of this State having jurisdiction of the subject matter has jurisdiction over
a person served pursuant to the Vermont Rules of Civil Procedure or other applicable
provisions of law in an action brought by the receiver of a domestic insurer or an
alien insurer domiciled in this State:
(1) if the person served is an agent, broker, or other person who has at any time written
policies of insurance for or has acted in any manner whatsoever on behalf of an insurer
against which a delinquency proceeding has been instituted, in any action resulting
from or incident to such a relationship with the insurer; or
(2) if the person served is a reinsurer who has at any time entered into a contract of
reinsurance with an insurer against which a delinquency proceeding has been instituted,
or is an agent or broker of or for the reinsurer, in any action on or incident to
the reinsurance contract; or
(3) if the person served is or has been an officer, director, manager, trustee, organizer,
promoter, or person in a position of comparable authority or influence over an insurer
against which a delinquency proceeding has been commenced, in any action resulting
from such a relationship with the insurer; or
(4) if the person served is or was at the time of the institution of the delinquency proceeding
against the insurer holding assets in which the receiver claims an interest on behalf
of the insurer, in any action concerning the assets; or
(5) if the person served is obligated to the insurer in any way whatsoever, in any action
on or incident to the obligation.
(d) If the court on motion of any party finds that any action should as a matter of substantial
justice be tried in a forum outside this State, the court may enter an appropriate
order to stay further proceedings on the action in this State.
(e) All actions authorized by this section shall be brought in the Superior Court of Washington
County. (Added 1991, No. 45, § 2, eff. May 29, 1991.)