HRS §412:2-404
Federal insurer's role as conservator or receiver
This section says that when a federal insurer takes over a Hawaii financial institution as conservator or receiver, it gets the institution's property and claims. If the insurer pays depositors their insured money, it steps into their rights to recover from the institution's assets.
financial institutions
The statute, as written — Federal insurer as conservator or receiver; subrogation
(a) A federal insurer of the Hawaii financial institution's deposits or accounts who serves as a conservator or receiver shall acquire both legal and equitable title to all assets, rights or claims and to all real or personal property of the institution, to the extent necessary to perform such duties or as may be necessary under applicable federal law to effectuate such appointment. (b) If a federal insurer pays or makes available for payment its insurance proceeds to the depositors of an institution under conservatorship or receivership, the federal insurer shall be subrogated to the rights of such depositors, whether or not the federal insurer has become conservator or receiver thereof, in the same manner and to the same extent as it would be subrogated in the conservatorship or receivership of a federal financial institution insured by such federal insurer.
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