31A-27a-508. Liability of transferee.
(1) Except as otherwise provided in this section, to the extent that the receiver obtains an order pursuant to Section, or avoids a transfer under Section,,,, or, the receiver may recover the property transferred, or the value of the property, from: 31A-27a-501 31A-27a-502 31A-27a-503 31A-27a-504 31A-27a-506 31A-27a-507 the initial transferee of the transfer or the entity for whose benefit the transfer is made; or subject to Subsection, an immediate or mediate transferee of the initial transferee. (2)
(2) The receiver may not recover under Subsectionfrom: (1)(b) a transferee that takes for value, including satisfaction or securing of a present or antecedent debt: in good faith; and without knowledge of the voidability of the transfer avoided; or an immediate or mediate good faith transferee of the transferee.
(3) A transfer avoided in accordance with this chapter is preserved for the benefit of the receivership estate, but only with respect to property of the insurer.
(4) In addition to the remedies specifically provided in Sections,,,,, andand Subsection, if the receiver is successful in establishing a claim to the property or any part of the property, the receiver may recover judgment for the following: 31A-27a-501 31A-27a-502 31A-27a-503 31A-27a-504 31A-27a-506 31A-27a-507 (1) rental for the use of tangible property from the later of: the day on which the receivership order is entered; or the date of the transfer; and in the case of funds or intangible property: the greater of: the actual interest; income earned by the property; or interest at the statutory rate for judgments; and from the later of: the day on which the receivership order is entered; or the date of the transfer.
(5) In an action pursuant to this section, the receivership court may allow the receiver to seek recovery of the property involved or its value.
(6) In an action pursuant to Sections,,,,,, and: 31A-27a-501 31A-27a-502 31A-27a-503 31A-27a-504 31A-27a-506 31A-27a-507 31A-27a-510 the receiver has the burden of proving the avoidability of a transfer; and the person against whom recovery or avoidance is sought has the burden of proving the nature and extent of any affirmative defense.