Section 3772. Definitions

(a) Unless otherwise stated, words and phrases used in these rules shall have the meanings given to them under Article V.

(b) Administrative case docket—A docket created upon the initiation of a formal proceeding by the filing of a petition to rehabilitate or liquidate an insurance company.

(c) Adversarial proceeding—Any action (1) initiated by the rehabilitator or liquidator against persons other than the insurer, (2) asserting a right or interest afforded by Article V and for which neither Article V nor prior orders of the Court provide an avenue for redress, and (3) that the Court determines shall be governed by Rule 3783 (adversarial proceedings) as an adversarial proceeding.

(d) Ancillary case docket—A docket created when an adversarial proceeding is initiated or when a creditor files an objection to the liquidator’s claim determination under Rule 3781(c) (claim procedure).

(e) Court—The Commonwealth Court of Pennsylvania.

(f) Formal proceeding—An action to rehabilitate or liquidate an insurer pursuant to Sections 515 or 520 of Article V, 40 P. S. § § 221.15, 221.20.

(g) Master service list—The list maintained by the Commissioner or receiver, as the case may be, as directed in Rule 3778 (master service list).

Official Note

Administrative Case Docket—The following illustrates the types of filings that may appear on an administrative case docket: any response to the petition to rehabilitate or liquidate; applications to intervene; a receiver’s applications for approval of reports, partial distributions, administrative expenses, etc. and any responses thereto; applications seeking to compel the issuance of a notice of determination on a proof of claim or any other filings by the receiver related to the administration of the liquidation or rehabilitation. Other than the filing that initiated an ancillary case docket, the administrative case docket will not usually include filings related to matters assigned to an ancillary case docket.

Adversarial proceeding—This type of proceeding does not include objections filed by a claimant to the liquidator’s notice of determination. Objections to a notice of determination on a claim are specially governed by Rule 3781 (claim procedure).

The provisions of this Rule 3772 adopted June 8, 2012, effective July 30, 2012, 42 Pa.B. 3569.