Partial and final distributions of assets.

Utah Code § 31A-27a-703, under Part 31A-27a-7: Distributions.

Utah Code § 31A-27a-703

31A-27a-703. Partial and final distributions of assets.

(1) With the approval of the receivership court, a liquidator may declare and pay: one or more partial distributions on claims as those claims are allowed; and a final distribution. All claims allowed within a priority class shall be paid at substantially the same percentage. A distribution under this section to a guaranty association is not an advance under Section. 31A-27a-704

(2) In determining the percentage of distributions to be paid on a claim, the liquidator may consider: the estimated value of the insurer's property, including estimated reinsurance recoverables in connection with the insurer's estimated liabilities for: unpaid losses and loss expenses; and incurred but not reported losses and loss expenses; and the estimated value of the insurer's liabilities, including estimated liabilities for: unpaid losses and loss expenses; and incurred but not reported losses and loss expenses.

(3) Distribution of property in kind may be made at valuations set by agreement: between the liquidator and the creditor; and as approved by the receivership court.

(4) Notwithstanding Subsectionand, the liquidator may pay benefits under a workers' compensation policy after the day on which the liquidation order is entered if: (1) Part 6, Claims there is an acceptance of liability by the insurer, and no bona fide dispute exists; payment is commenced before the entry of the liquidation order; and future or past indemnity or medical payments are due. A claim payment under this Subsectionmay continue until the applicable guaranty association: (4) assumes responsibility for the claim payments; or determines the claim is not a covered claim under its guaranty association law. A claim payment or related expense made under this Subsectionmay be treated as early access distribution under Sectionin accordance with an agreement with the guaranty association responsible for the payment. (4) 31A-27a-704