645.03(1)(d)1.1. When in exchange for such property or obligation, as a fair equivalent therefor, and in good faith, property is conveyed or services are rendered or obligation is incurred or an antecedent debt is satisfied; or
645.03(1)(d)2.2. When such property or obligation is received in good faith to secure a present advance or antecedent debt in amount not disproportionately small as compared to the value of the property or obligation obtained.
645.03(1)(e)(e) “General assets” means all property, real, personal or otherwise, not specifically mortgaged, pledged, deposited or otherwise encumbered for the security or benefit of specified persons or limited classes of persons, and as to specifically encumbered property the term includes all such property or its proceeds in excess of the amount necessary to discharge the sums secured thereby. Assets held in trust and on deposit for the security or benefit of all policyholders or all policyholders and creditors, in more than a single state, shall be treated as general assets.
645.03(1)(f)(f) “Insurer” means any person who is doing, has done, purports to do or is licensed to do an insurance business and is or has been subject to the authority of, or to liquidation, rehabilitation, reorganization or conservation by, a commissioner. For purposes of this chapter, all other persons included under s. 645.02 shall be deemed to be insurers.
645.03(1)(g)(g) “Preferred claim” means any claim with respect to which the law accords priority of payment from the general assets of the insurer.
645.03(1)(h)(h) “Receiver” means receiver, liquidator, rehabilitator or conservator, as the context requires.
645.03(1)(i)(i) “Reciprocal state” means any state other than this state in which in substance and effect ss. 645.42 (1), 645.83 (1) and (3), 645.84 and 645.86 to 645.89 are in force, and in which provisions are in force requiring that the commissioner be the receiver of a delinquent insurer, and in which some provision exists for the avoidance of fraudulent conveyances and preferential transfers.
645.03(1)(j)(j) “Secured claim” means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow or otherwise, but not including special deposit claims or claims against general assets. The term also includes claims which have become liens upon specific assets by reason of judicial process, except where they have been invalidated.
645.03(1)(k)(k) “Special deposit claim” means any claim secured by a deposit made pursuant to law for the security or benefit of one or more limited classes of persons, but not including any claim secured by general assets.
645.03(1)(L)(L) “Transfer” includes the sale and every other method, direct or indirect, of disposing of or of parting with property or with an interest therein or with the possession thereof or of fixing a lien upon property or upon an interest therein, absolutely or conditionally, voluntarily or involuntarily, by or without judicial proceedings. The retention of a security title to property delivered to a debtor shall be deemed a transfer suffered by the debtor.
645.03(2)(2)Definitions applicable to proceedings involving surety insurance. If the subject of a rehabilitation or liquidation proceeding under this chapter is an insurer engaged in a surety business:
645.03(2)(a)(a) “Beneficiary” as used in this chapter includes an obligee of a bond.
645.03(2)(b)(b) “Insured” as used in this chapter includes both the principal and obligee of a bond.
645.03(2)(c)(c) “Policy” as used in this chapter includes a bond issued by a surety.
645.03(2)(d)(d) “Policyholder” as used in this chapter includes a principal on a bond.
645.03 HistoryHistory: 1971 c. 260; 1979 c. 93; 1983 a. 189.
645.035645.035Bankruptcy petition is prohibited.
645.035(1)(1)In this section, “bankruptcy proceeding” means any proceeding under 11 USC 101 to 1330.
645.035(2)(2)No insurer may commence a bankruptcy proceeding in which the insurer is a debtor.
645.035(3)(3)No person, including an insurer, may commence a bankruptcy proceeding against an insurer.
645.035(4)(4)No board of directors, director or officer of an insurer may authorize the commencement of a bankruptcy proceeding in which the insurer is a debtor or the commencement of a bankruptcy proceeding against an insurer. Any act, resolution, filing or other matter that purports to authorize the commencement of a bankruptcy proceeding in which the insurer is a debtor or against an insurer is void and without effect.
645.035(5)(5)This section applies to all insurers, including but not limited to an insurer doing business as a health maintenance organization, as defined in s. 609.01 (2).
645.035 HistoryHistory: 1989 a. 23.
645.04645.04Jurisdiction and venue.
645.04(1)(1)Actions by commissioner. Except as provided in sub. (2) and s. 645.45 (1), no delinquency proceeding may be commenced under this chapter by anyone other than the commissioner of this state and no court has jurisdiction to entertain, hear or determine any proceeding commenced by any other person.
645.04(2)(2)Actions by judgment creditors.
645.04(2)(a)(a) The judgment creditors of 3 or more unrelated judgments may commence proceedings under the conditions and in the manner prescribed in this subsection, by serving notice upon the commissioner and the insurer of intention to file a petition for liquidation under s. 645.41 or 645.82. Each of the judgments must:
645.04(2)(a)1.1. Have been rendered against the insurer by a court in this state having jurisdiction over the subject matter and the insurer;
645.04(2)(a)2.2. Have been entered more than 60 days before the service of notice;