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GU John Camacho Banking Ins. Commissioner (Western Zone) Guam Dept. of Revenue & Taxation Regulatory Division PO Box 23607 GMF Barrigada, Guam 96921 671-635-1817 Fax 671-633-2643 Street Address: 1240 Route 16 Army Drive Barrigada, Guam 96913 HI J.P. Schmidt Commissioner (Western Zone) State of Hawaii Insurance Division Dept. of Commerce & Consumer Affairs PO Box 3614 Honolulu, Hawaii 96811-3614 808-586-2790 Fax 808-586-2806 Street Address: 335 Merchant Street, Room 213 Honolulu, Hawaii 96813 IA Susan E. Voss Commissioner NAIC Vice President (Midwestern Zone) Iowa Insurance Division 330 Maple Street Des Moines, Iowa 50319 515-281-5705 Fax 515-281-3059 Toll Free Consumer Hotline: 877-955-1212 ID William W. Deal Director (Western Zone) Idaho Department of Insurance PO Box 83270 Boise, Idaho 83720-0043 Street Address: 700 West State Street, 3rd Floor Boise, Idaho 83720-0043 208-334-4250 Fax 208-334-4398 Toll Free In-State Only: 800-721-3272 IL Michael McRaith Director (Midwestern Zone) Illinois Dept. of Financial and Professional Regulation Division of Insurance 320 West Washington St., 4 th Floor Springfield, Illinois 62767-0001 217-785-4515 Fax 217-524-5200 Toll Free: 877-527-9431 100 West Randolph Suite 9-301 Chicago, Illinois 60601-3251 312-814-2427 Fax 312-814-5435 IN Jim Atterholt Commissioner (Midwestern Zone) Indiana Department of Insurance 311 W. Washington Street, Suite 300 Indianapolis, Indiana 46204-2787 317-232-2385 Fax 317-232-5251 © 2009 National Association of Insurance Commissioners 4
KS Sandy Praeger Commissioner NAIC Most Immediate Past President (Midwestern Zone) Kansas Insurance Department 420 S.W. 9 th Street Topeka, Kansas 66612-1678 785-296-3071 Fax 785-296-7805 Toll Free In-State Only: 800-432-2484 KY Sharon P. Clark Commissioner (Southeastern Zone) Kentucky Department of Insurance PO Box 517 Frankfort, Kentucky 40602-0517 Street Address: 215 West Main Street Frankfort, Kentucky 40601 502-564-3630 Fax 502-564-1453 Toll Free: 800-595-6053 TTY: 800-462-2081 LA James J. Donelon Commissioner (Secretary, Southeastern Zone) Louisiana Department of Insurance PO Box 94214 Baton Rouge, Louisiana 70804-9214 Street Address: 1702 N. 3 rd Street Baton Rouge, Louisiana 70802 225-342-5423 Fax 225-342-8622 Toll Free Nation and State- Wide Only: 800-259-5300 800-259-5301 MA Nonnie Burnes Commissioner (Northeastern Zone) Office of Consumer Affairs & Bus. Reg. Massachusetts Division of Insurance One South Station, 5 th Floor Boston, Massachusetts 02110-2208 617-521-7794 Fax 617-521-7758 Consumer Hotline: 617-521-7777 MD Ralph S. Tyler, III Commissioner (Northeastern Zone) Maryland Insurance Administration 200 St. Paul Place, Suite 2700 Baltimore, Maryland 21202 410-468-2090 Fax 410-468-2020 Toll Free: 800-492-6116 Fraud Div. Toll Free: 800-846-4069 TTY: 800-735-2258 ME Mila Kofman Superintendent (Northeastern Zone) Dept. of Professional & Financial Reg. Maine Bureau of Insurance 34 State House Station Augusta, Maine 04333-0034 Street Address: 124 Northern Avenue Gardiner, Maine 04345 207-624-8475 Fax 207-624-8599 Toll Free In-State Only: 800-300-5000 MI Ken Ross Commissioner (Midwestern Zone) State of Michigan Ofc. of Financial & Insurance Regulation (OFIR) Attn: Office of the Commissioner PO Box 30220 Lansing, MI 48909-7720 517-373-0220 Fax 517-335-3157 Toll Free: 877-999-6442 Street Address: Ottawa Bldg 3 rd Floor 611 W. Ottawa Lansing, Michigan 48933 © 2009 National Association of Insurance Commissioners 5
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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
Page 180 and 181:
Run‐Off New York Seaton Ins. Co.
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as writs of seizure, were necessary
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Igel v. Phillips, 183 A.D. 220, 169
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wind up its affairs, even if the no
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insolvency, including the issue of
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over action would: (i) defeat domic
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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
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Connecticut Florida Grasso v. City
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instance, because the regulation of
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company filed a motion for declarat
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Commissioner of Ins. v. Mid‐Ameri
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district court had exclusive jurisd
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SEC v. Republic National Life Ins.
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legislature granted exclusive juris
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Rejecting the liquidator's motion,
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time as an administrative claim had
Page 220 and 221:
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
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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
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entities were in fact a "single bus
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the company in that other state to
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easoning that: 1) its earlier findi
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McConnell v. All‐Coverage Insuran
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company. The court also found that
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impermissible because they were not
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contrary appellate court judgment,
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exhaust the pro rata shares of solv
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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
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incapable of being performed," foun
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completion of the plan of arbitrati
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the policy make specific provision
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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
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secure a court‐ordered receiversh
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no liability exists for any acts ta
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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
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independent actuarial firm, and all
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owned by one corporation, proposed
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den'd, 126 N.J. 389 (1991). The cou
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constitutional the statute under wh
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The circuit judge's denial of plain
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duplication provision of the PPCIGA
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New York National Union Fire Ins. C
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insurance companies pursuant to sta
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Matter of Morgan, 277 N.Y. 203, 14
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Alabama Arizona California Moody v.
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Schenek v. Citizens Casualty Co., 6
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disclosed in its annual statement.
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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
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claimed. Although the code allows t
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040(3)(a) or 304‐33.190(2). Rathe
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to the state's unemployment compens
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State ex rel. ISC Financial Corp. v
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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
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failed to demonstrate to the contra
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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
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Garamendi v. SDI Vendome, No. CV 02
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for personal injury claim brought a
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transacting any insurance business
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Bent v. Hart, 10 Mo. App. 143 (1881
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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
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W. J. Jones & Son v. Independence I
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precluding liquidator's avoidance o
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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
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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
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directors were not included in that
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purported rescission by the company
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members. The court further held tha
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instituting of the receivership pro
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would prevent a multiplicity of act
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assessments against members of a do
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Richards v. Hale, 14 O.C.D. 468, 1
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Wetmore v. Scalf, 85 S.C. 285, 67 S
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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
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insurance, and that Mission was not
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contract. Further, as the parties t
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agreement. The Colorado receiver cl
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preliquidation assets that could be
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agreements with Legion Insurance Co
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prediction, and was neither arbitra
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Guaranty Association (“PPCIGA”)
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contrary holding would permit these
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People ex rel. Bolton v. Progressiv
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where the solvency of the company,
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agent of all premiums collected by
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subsequent to institution of delinq
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corporate mismanagement and account
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Mendel v. Garner, 283 Ark. 473, 678
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The lower court denied the claim be
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definition, a “covered claim,”
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Missouri MSEJ, LLC, v. Transit Cas.
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medical malpractice action, which i
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Suit was transferred to the court o
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within policy limits. The insolvent
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alleged negligence of an insured of
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Arkansas Colorado Florida Baldwin
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liquidator was entitled to rely upo
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Ohio Covington v. Ind. Dep’t of N
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River abstention doctrines did not
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directly against manufacturer. The
Page 573 and 574:
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
Page 581 and 582:
Sizemore v. United Physicians Ins.
Page 583 and 584:
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
Page 589 and 590:
Dewey v. Davis, 82 Wis. 500, N.W. 7
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April 18, the filing of the Missour
Page 593 and 594:
Texas Buckner v. Lloyd's Ins. Co. o
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payment by the California Insurance
Page 597 and 598:
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
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opportunity to settle.” The court
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jurisdictions that did find associa
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Ohio Lake Hospital System, Inc. v.
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award. It became insolvent, however
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Rhulen advanced claim payments to T
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entitled to coverage from the Illin
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the negligence claim, brought by th
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insurer did not thereby release fro
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when contingent claims must necessa
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In Matter of Liquidation Of Integri
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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
Page 637 and 638:
within the insurance statutes. Cred
Page 639 and 640:
Priorities ‐ Federal U.S. Supreme
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statute was preempted by the federa
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instituting or taking further actio
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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
Page 653 and 654:
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
Page 669 and 670:
jurisdiction over the attorneys in
Page 671 and 672:
Pennsylvania Lewycka v. Springfield
Page 673 and 674:
meaning, held that the Indiana clai
Page 675 and 676:
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
Page 687 and 688:
and, because of the guarantees, for
Page 689 and 690:
Rhode Island injunction by arguing
Page 691 and 692:
In prior proceedings in this case,
Page 693 and 694:
state law issues and was contingent
Page 695 and 696:
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
Page 705 and 706:
• 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.
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(d) §1502. Definitions. (2) an ind
Page 717 and 718:
(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
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(4) approval or implementation of a
Page 725 and 726:
B. United Kingdom ‐‐ The Positi
Page 727 and 728:
1. majority votes in favour of the
Page 729 and 730:
eported claims, was not of great im
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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
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Hong Kong Court to restructure the
Page 791 and 792:
Excluded Lines - Ocean Marine Louis
Page 793 and 794:
Covered Claim - Unearned Premium co
Page 795 and 796:
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 and 882: the sales transaction is not uncons
Page 883 and 884: State Department of Insurance Insur
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: CO Marcy Morrison Commissioner (Wes
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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