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1980 Arizona Attorney General Reports and Opinions 1 (1980)

handle is hein.sag/sagaz0003 and id is 1 raw text is: fttrney (1enera1
STATE CAPITOL
11aenix, krizona 85807
gabert fGrbin
January 14, 1980
INTERAGENCY
Mr. J. N. Trimble
Director of Insurance
1601 West Jefferson
Phoenix, Arizona 85007                      Re: 180-001 (R79-308)
Dear Director Trimble:
You have asked the following question:
Does the Director of Insurance have the
discretionary power under .A.R.S. 5 20-625(A)
to refuse to petition for appointment as
ancillary receiver despite the fact that ten
or more persons have filed a petition
requesting the appointment of an ancillary
receiver?
The language of A.R.S. S 20-625(A) is mandatory in that it
requires the Director of Insurance to petition for appointment
as ancillary receiver when ten or more persons have filed a
petition requesting the appointment of an ancillary receiver.
A.R.S. 5 20-625 provides, in part:
A. When under this article an ancillary
receiver is to be appointed in delinquency
proceedings for an insurer not domiciled in
the state, the court shall appoint the
director of insurance as ancillary
receiver. The director shall file a
petition requesting the pp-ointment on the
grounds set forth in S 20-619 if he finds
that there are sufficient assets of tne
insurer located in this state to justify the
appointment of an ancillary receiver, or it
ten or more persons resident in this state
having claims against such insurer tile a
petition with the director requesting the
appointment of an ancillary received.

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