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APPENDIX A Directory of State Insurance Department, Statutory and Regulatory Web Sites
State Department of Insurance Insurance Statutes Insurance Regulations Alabama http://www.aldoi.gov http://www.aldoi.gov/Legal/ CodeofAlabama.aspx Alaska http://www.commerce.state. ak.us/insurance http://www.legis.state.ak.us/ basis/folioproxy.asp?url=htt p://www.legis.state.ak.us/cg i-bin/folioisa.dll/stattx08? Arizona http://www.id.state.az.us http://www.azleg.state.az.us /ArizonaRevisedStatutes. asp?Title=20 Arkansas http://insurance.arkansas.g ov http://www.arkleg.state.ar.u s/SearchCenter/Pages/ arkansascode.aspx California http://www.insurance.ca.gov http://www.leginfo.ca.gov/.ht ml/ins_table_of_contents.ht ml Colorado http://www.dora.state.co.us/ insurance http://www.dora.state.co.us/ insurance/regs/Colorado RevisedStatutes.htm Connecticut http://www.ct.gov/cid http://www.cga.ct.gov/2009/ pub/title38a.htm?cidNav =|48775| Delaware http://delawareinsurance.go v http://delcode.delaware.gov/ title18/index.shtml http://www.aldoi.gov/Legal/ Regulations.aspx http://www.legis.state.ak.us/ cgi-bin/folioisa.dll/aac/query =*/doc/%7Bt5696%7D http://www.azsos.gov/public _services/Title_20/20-06. pdf http://www.insurance.arkan sas.gov/Legal%20Dataservi ces/divpage.htm http://government.westlaw. com/linkedslice/default.asp? SP=CCR-1000 http://www.dora.state.co.us/ insurance/regs/rb.htm http://www.ct.gov/cid/cwp/vi ew.asp?Q=300444&cidNav =|48775| http://regulations.delaware. gov/AdminCode/title18/inde x.shtml
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REFERENCE HANDBOOK ON INSURANCE COM
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Contributing Editors Cross‐Border
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Formal Proceedings ‐ Constitution
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Priorities ‐ Interstate Claimants
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Part III PART IV APPENDIX D. Bermud
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Rhode Island Statutes TITLE 27 Insu
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(17) "Policyholder" means an insure
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(3) All creditors, assumption polic
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(2) If, at any time, the conditions
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Run‐Off New York Seaton Ins. Co.
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as writs of seizure, were necessary
Page 184 and 185:
Igel v. Phillips, 183 A.D. 220, 169
Page 186 and 187:
wind up its affairs, even if the no
Page 188 and 189:
insolvency, including the issue of
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over action would: (i) defeat domic
Page 192 and 193:
the Commissioner of Insurance on be
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Sixth Circuit AmSouth Bank v. Dale,
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action did not automatically preclu
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proceedings. The New York insurance
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independent receivership proceeding
Page 202 and 203:
Connecticut Florida Grasso v. City
Page 204 and 205:
instance, because the regulation of
Page 206 and 207:
company filed a motion for declarat
Page 208 and 209:
Commissioner of Ins. v. Mid‐Ameri
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district court had exclusive jurisd
Page 212 and 213:
SEC v. Republic National Life Ins.
Page 214 and 215:
legislature granted exclusive juris
Page 216 and 217:
Rejecting the liquidator's motion,
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time as an administrative claim had
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mandate application of Florida's in
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This simple declarative sentence pr
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its earlier holding [Bonura v. Unit
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In re Application for an Order Stay
Page 228 and 229:
to prosecution of claims against hi
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were closely intertwined, the entir
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South Carolina Texas New South Life
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the insurance code. The trial court
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within the meaning of the insurance
Page 238 and 239:
was overbroad in delaying indefinit
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financial institutions to transfer
Page 242 and 243:
entities were in fact a "single bus
Page 244 and 245:
the company in that other state to
Page 246 and 247:
easoning that: 1) its earlier findi
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McConnell v. All‐Coverage Insuran
Page 250 and 251:
company. The court also found that
Page 252 and 253:
impermissible because they were not
Page 254 and 255:
contrary appellate court judgment,
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exhaust the pro rata shares of solv
Page 258 and 259:
asserted a priority despite the fac
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The question presented was whether
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Cir. 2000). The Ninth Circuit adopt
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entity with those conferred or with
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Pennsylvania court had exclusive ju
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liquidator argued that Ohio’s sta
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Vermont Costle v. Fremont Indemnity
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(“Munich”) and NAC Reinsurance
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Pine Top Ins. Co. v. Continental Re
Page 276 and 277:
incapable of being performed," foun
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completion of the plan of arbitrati
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the policy make specific provision
Page 283 and 284:
the catastrophe policy prevents “
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sought only money damages. 3 Hence,
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Commissioner has reasonable grounds
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policyholders were brought against
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a supervision‐release order for a
Page 293 and 294:
secure a court‐ordered receiversh
Page 295 and 296:
no liability exists for any acts ta
Page 297 and 298:
stay of any proceeding in which an
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Fields v. Fidelity General Ins. Co.
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Illinois insurance code is vested i
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Michigan Daniel v. Citizens' Mutual
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appointment of a receiver to wind u
Page 307 and 308:
independent actuarial firm, and all
Page 309 and 310:
owned by one corporation, proposed
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den'd, 126 N.J. 389 (1991). The cou
Page 313 and 314:
constitutional the statute under wh
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The circuit judge's denial of plain
Page 317 and 318:
duplication provision of the PPCIGA
Page 319 and 320:
New York National Union Fire Ins. C
Page 321 and 322:
insurance companies pursuant to sta
Page 323 and 324:
Matter of Morgan, 277 N.Y. 203, 14
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Alabama Arizona California Moody v.
Page 327 and 328:
Schenek v. Citizens Casualty Co., 6
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disclosed in its annual statement.
Page 331 and 332:
insurance company, the court held t
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Pennsylvania's interest in investig
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Pennsylvania Commonwealth ex rel. C
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non‐mandatory preference for the
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Powers and Duties of the Rehabilita
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the insolvency clause of a reinsura
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Financial Indemnity Company v. Supe
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ecause they had constructive notice
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Illinois law does not provide the D
Page 349 and 350:
claimed. Although the code allows t
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040(3)(a) or 304‐33.190(2). Rathe
Page 353 and 354:
to the state's unemployment compens
Page 355 and 356:
State ex rel. ISC Financial Corp. v
Page 357 and 358:
authorizing the Liquidator to prope
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implement the statutory liquidation
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that trust claimants will recover a
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showing that the rehabilitator’s
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insurer, sued former owner of insur
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Brainard v. Foster, Civil Action No
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Flowers v. Tennessee Trucking Ass
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the insurer under Texas law; and th
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state court against B.C. Rogers, an
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People ex rel. Baylor v. Multi‐St
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equiring the insurer to produce doc
Page 379 and 380:
failed to demonstrate to the contra
Page 381 and 382:
intervention. It is not an abuse of
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eview the actions of the insurance
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not reported losses (IBNR). The Sup
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Commonwealth tort claims against th
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Liquidation Act. On a petition for
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defendant to bring the action to th
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Main Ins. Co. v. Bradford, Williams
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proceedings against an insolvent Ne
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Matter of Title, Etc., Co. of Buffa
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the R.C. 3955.19 stay provision as
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Casualty Insurance Guaranty Associa
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property without a hearing. The Cou
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consent of the liquidators, the bro
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ecording of an order of liquidation
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Florida Imagine Ins. Co. v. State o
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executory contracts, and the insure
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procured new policies in a solvent
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Safeway liable for the entire amoun
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even lower interest rate than that
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North Carolina Texas North Carolina
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an individual and official capacity
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enterprise with United States Gener
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were not ultra vires acts. There we
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authorized by state law to petition
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Stamp v. Touche Ross & Co., 263 Ill
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control, or possession of the insur
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offers to compromise because severa
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insolvent insurer brought an action
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"interested parties" in a proceedin
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Assets of the Insolvent Insurer's E
Page 441 and 442:
Garamendi v. SDI Vendome, No. CV 02
Page 443 and 444:
for personal injury claim brought a
Page 445 and 446:
transacting any insurance business
Page 447 and 448:
Bent v. Hart, 10 Mo. App. 143 (1881
Page 449 and 450:
discretion allowed policyholders to
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In re New State Life Ins. Co., 23 P
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ecover a subscription fund executed
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Pursuant to D.C. Code Ann. § 35‐
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ecause all the directors of the dis
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agree on whether Kentucky statutory
Page 461 and 462:
W. J. Jones & Son v. Independence I
Page 463 and 464:
precluding liquidator's avoidance o
Page 465 and 466:
association's directors for monies
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a Transit insured. Fifteen months l
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court granted the motion. On appeal
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unearned portion of the premium was
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the insolvent Mission Insurance Com
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Drake v. Rollo, 7 Fed. Cas. Pg. 105
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judge to act as presiding judge ove
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$25,000 compromise would be paid to
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express purpose is to avoid financi
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einsurance contract against moneys
Page 485 and 486:
provision and therefore its ruling
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complaint, the defendants would not
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as an offset against the insolvent
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Swiss Re made payments to Protectiv
Page 493 and 494:
directors were not included in that
Page 495 and 496:
purported rescission by the company
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members. The court further held tha
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instituting of the receivership pro
Page 501 and 502:
would prevent a multiplicity of act
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assessments against members of a do
Page 505 and 506:
Richards v. Hale, 14 O.C.D. 468, 1
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Wetmore v. Scalf, 85 S.C. 285, 67 S
Page 509 and 510:
mutual insurance company because Wi
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out liquidation assessment powers i
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their insurer became insolvent. Any
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insolvent carrier, sought to interp
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The Home Insurance Co. v. Hooper, 2
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coverage. The court held that cover
Page 521 and 522:
insurance, and that Mission was not
Page 523 and 524:
contract. Further, as the parties t
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agreement. The Colorado receiver cl
Page 527 and 528:
preliquidation assets that could be
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agreements with Legion Insurance Co
Page 531 and 532:
prediction, and was neither arbitra
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Guaranty Association (“PPCIGA”)
Page 535 and 536:
contrary holding would permit these
Page 537 and 538:
People ex rel. Bolton v. Progressiv
Page 539 and 540:
where the solvency of the company,
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agent of all premiums collected by
Page 543 and 544:
subsequent to institution of delinq
Page 545 and 546:
corporate mismanagement and account
Page 547 and 548:
Mendel v. Garner, 283 Ark. 473, 678
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The lower court denied the claim be
Page 551 and 552:
definition, a “covered claim,”
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Missouri MSEJ, LLC, v. Transit Cas.
Page 555 and 556:
medical malpractice action, which i
Page 557 and 558:
Suit was transferred to the court o
Page 559 and 560:
within policy limits. The insolvent
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alleged negligence of an insured of
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Arkansas Colorado Florida Baldwin
Page 565 and 566:
liquidator was entitled to rely upo
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Ohio Covington v. Ind. Dep’t of N
Page 569 and 570:
River abstention doctrines did not
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directly against manufacturer. The
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insurance commissioner entered into
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un ten months and twenty‐six days
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policies were delivered, the state
Page 579 and 580:
Accordingly, the manufacturer sough
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Sizemore v. United Physicians Ins.
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insolvency. The court found for pla
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equires all claims against the rece
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cancelled by order of the court, th
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Dewey v. Davis, 82 Wis. 500, N.W. 7
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April 18, the filing of the Missour
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Texas Buckner v. Lloyd's Ins. Co. o
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payment by the California Insurance
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the tortfeasors to recover its paym
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Ga. App. 660, 440 S.E.2d 254 (1994)
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Act. The Court also noted that whet
Page 603 and 604:
opportunity to settle.” The court
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jurisdictions that did find associa
Page 607 and 608:
Ohio Lake Hospital System, Inc. v.
Page 609 and 610:
award. It became insolvent, however
Page 611 and 612:
Rhulen advanced claim payments to T
Page 613 and 614:
entitled to coverage from the Illin
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the negligence claim, brought by th
Page 617 and 618:
insurer did not thereby release fro
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when contingent claims must necessa
Page 621 and 622:
In Matter of Liquidation Of Integri
Page 623 and 624:
from the time damages are certain o
Page 625 and 626:
In re N.Y. Surety Co., 723 N.Y.S.2d
Page 627 and 628:
Governmental/Superpriority Claims S
Page 629 and 630:
Reliance Ins. Co. v. Shriver, Inc.,
Page 631 and 632:
Georgia Boyd v. Wright, 148 Ga. 216
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policyholders, judgment creditors o
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when it appears that such funds or
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within the insurance statutes. Cred
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Priorities ‐ Federal U.S. Supreme
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statute was preempted by the federa
Page 643 and 644:
instituting or taking further actio
Page 645 and 646:
Florida Dilme v. SBP Serv., Inc. an
Page 647 and 648:
Massachusetts Commissioner of Insur
Page 649 and 650:
New York Finkelstein v. Van Schaick
Page 651 and 652:
Texas Op. Att'y. Gen. WW‐795 (Tex
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Illinois People ex rel. Potts v. Co
Page 655 and 656:
Arizona Colorado State ex rel. Low
Page 657 and 658:
equirements had not been complied w
Page 659 and 660:
Michigan Commissioner of Insurance
Page 661 and 662:
commissioner certain securities for
Page 663 and 664:
State ex rel. Cincinnati Life Assn'
Page 665 and 666:
and without assets in trust in Flor
Page 667 and 668:
State ex rel. Burgess v. Crabbe, 11
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jurisdiction over the attorneys in
Page 671 and 672:
Pennsylvania Lewycka v. Springfield
Page 673 and 674:
meaning, held that the Indiana clai
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Rose v. Fid. Mut'l Life Ins. Co., 2
Page 677 and 678:
uniform law or that it was necessar
Page 679 and 680:
of incorporation of a mutual insure
Page 681 and 682:
jurisdiction over that litigation f
Page 683 and 684:
ehabilitation in Indiana and had ob
Page 685 and 686:
Krueger v. Tabor, 546 So.2d 1317 (L
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and, because of the guarantees, for
Page 689 and 690:
Rhode Island injunction by arguing
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In prior proceedings in this case,
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state law issues and was contingent
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Bryant v. Shields, Britton & Fraser
Page 697 and 698:
against the Wisconsin Insurance Sec
Page 699 and 700:
PART II Cross‐Border Run‐Offs a
Page 701 and 702:
CASE(S) Highland Insurance Company
Page 703 and 704:
CASE(S) Hatteras Reinsurance Ltd NR
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• The Court in which the Chapter
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As previously noted, of the sevente
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WFUM Pool Solvent Schemes ~ In re G
Page 711 and 712:
arrangement, including solvent run
Page 713 and 714:
5. Chapter 15 ~ Official Text 1501.
Page 715 and 716:
(d) §1502. Definitions. (2) an ind
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(c) (d) A request for comity or coo
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(a) (b) If the decision or certific
Page 721 and 722:
§1521. Relief that may be granted
Page 723 and 724:
(4) approval or implementation of a
Page 725 and 726:
B. United Kingdom ‐‐ The Positi
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1. majority votes in favour of the
Page 729 and 730:
eported claims, was not of great im
Page 731 and 732:
and Jersey. The English schemes wou
Page 733 and 734:
Life Assurance Limited (FPLLA) both
Page 735 and 736:
MB Group Plc, Re (1989) 5 B.C.C. 68
Page 737 and 738:
issued a third circular which state
Page 739 and 740:
court had jurisdiction to sanction
Page 741 and 742:
The Judge (Roger Kaye Q.C.) allowed
Page 743 and 744:
the agreement would not be avoided
Page 745 and 746:
submitted that cover had been provi
Page 747 and 748:
liquidators and in the English bank
Page 749 and 750:
court did not strike out the petiti
Page 751 and 752:
Stein so that he could pursue it. B
Page 753 and 754:
Part III of the Winding‐up and Re
Page 755 and 756:
v. Proceedings in Canada to Assist
Page 757 and 758:
D. Bermuda ‐‐ The Bermuda Persp
Page 759:
Hong Kong Court to restructure the
Page 791 and 792:
Excluded Lines - Ocean Marine Louis
Page 793 and 794:
Covered Claim - Unearned Premium co
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Oregon Corvallis Aero Service, Inc.
Page 797 and 798:
purposes of joint and several liabi
Page 799 and 800:
Affiliated FM Ins. Co. v. State, 33
Page 801 and 802:
Heninger v. Riley, 317 Pa. Super. 5
Page 803 and 804:
assumed the obligations of Dr. Lucc
Page 805 and 806:
Florida Hawaii Fernandez v. Florida
Page 859 and 860: Case Law Digest Supplement LIFE & H
Page 861 and 862: Texas Messagephone, Inc., et al v.
Page 863 and 864: were invested in four group annuity
Page 865 and 866: Alaska Arizona Illinois Unisys Corp
Page 867 and 868: Minnesota Honeywell, Inc. v. Minnes
Page 869 and 870: plan participants rather than the G
Page 871 and 872: esponsible for attorneys’ fees an
Page 873 and 874: Alaska Arizona Indiana Unisys Corp.
Page 875 and 876: Federal Jurisdiction - Preemption c
Page 877 and 878: Supreme Court California New York U
Page 879 and 880: Assessments Assessments - In Genera
Page 881: the sales transaction is not uncons
Page 885 and 886: Kentucky State Department of Insura
Page 887 and 888: New Jersey New Mexico State Departm
Page 889 and 890: Virginia Washington State Departmen
Page 891 and 892: © 2009 National Association of Ins
Page 893 and 894: CO Marcy Morrison Commissioner (Wes
Page 895 and 896: KS Sandy Praeger Commissioner NAIC
Page 897 and 898: NH Roger A. Sevigny Commissioner NA
Page 899 and 900: TN Leslie A. Newman Commissioner (V
Page 901 and 902: NAIC OFFICES NAIC Central Office: 2
Page 903 and 904: GUARANTY FUND DIRECTORY Updated 02/
Page 921 and 922: nolhga.com :: state ga contact info
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