Section 7427. Offsets  


Latest version.
  • (a) In all cases of mutual debts or mutual credits
      between the insurer and another person in connection with any action  or
      proceeding  under  this article, such credits and debts shall be set off
      and the balance only shall be allowed or paid,  except  as  provided  in
      subsection (b) hereof.
        (b)  No  offset shall be allowed in favor of any such person, however,
      where:
        (1) the obligation of the insurer to such person would not at the date
      of the entry of any liquidation order,  or  otherwise,  as  provided  in
      section seven thousand four hundred five of this article, entitle him to
      share as a claimant in the assets of such insurer, or
        (2)  the  obligation of the insurer to such person was purchased by or
      transferred to such person with a view of its being used as  an  offset,
      or
        (3)  the  obligation  of  such  person  is to pay an assessment levied
      against the members of a mutual insurer or  to  pay  a  balance  upon  a
      subscription to the shares of a stock insurance corporation.