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MN Glenn Wilson Commissioner (Midwestern Zone) Minnesota Department of Commerce 85 7 th Place East, Suite 500 St. Paul, Minnesota 55101-2198 651-296-4026 Fax 651-297-1959 MO John M. Huff Director (Midwestern Zone) Missouri Department of Insurance Fin. Institutions & Prof. Registration (DIFP) PO Box 690 Jefferson, Missouri 65102-0690 Street Address: 301 West High Street, Suite 530 Jefferson City, Missouri 65101 573-751-4126 Fax 573-751-1165 Toll Free In-State Only: 800-726-7390 MP Michael Ada Insurance Commissioner (Zone to be determined) Commonwealth of the N. Mariana Islands Department of Commerce Office of Insurance Commissioner Caller Box 10007 CK Saipan, MP 96950 670-664-3064 Fax 670-664-3067 MS Mike Chaney Commissioner (Southeastern Zone) Mississippi Insurance Department PO Box 79 Jackson, MS 39205 Street Address: 501 North West Street Woolfolk State Office Bldg., 10 th Fl. Jackson, MS 39201 601-359-3569 Fax 601-359-2474 Toll Free In-State Only: 800-562-2957 MT Monica J. Lindeen State Auditor (Western Zone) Montana State Auditor’s Office 840 Helena Avenue Helena, Montana 59601 406-444-2040 Fax 406-444-3497 Toll Free In-State Only: 800-332-6148 NC Wayne Goodwin Commissioner (Southeastern Zone) North Carolina Department of Insurance 1201 Mail Service Center Raleigh, North Carolina 27699-1201 Street Address: Dobbs Building 430 N. Salisbury Street Raleigh, North Carolina 27603 919-733-3058 Fax 919-733-6495 Toll Free In-State Only: 800-662-7777 or 800-546-5664 ND Adam Hamm Commissioner (Midwestern Zone) North Dakota Insurance Department 600 E. Boulevard Avenue, 5 th Floor Bismarck, North Dakota 58505-0320 701-328-2440 Fax 701-328-4880 Toll Free In-State Only: 800-247-0560 NE Ann Frohman Director (Midwestern Zone) Nebraska Department of Insurance Terminal Building, Suite 400 941 'O' Street Lincoln, Nebraska 68508 402-471-2201 Fax 402-471-4610 TDD: 800-833-7352 © 2009 National Association of Insurance Commissioners 6
NH Roger A. Sevigny Commissioner NAIC President (Northeastern Zone) New Hampshire Insurance Department 21 South Fruit Street, Suite 14 Concord, New Hampshire 03301 603-271-2261 Fax 603-271-1406 Toll Free: 800-852-3416 NJ Steven M. Goldman Commissioner (Chair, Northeastern Zone) State of New Jersey Department of Banking and Insurance 20 West State Street PO Box 325 Trenton, New Jersey 08625-0325 609-292-7272 Fax 609-984-5273 NM Morris J. Chavez Superintendent (Secretary, Western Zone) New Mexico Public Regulation Commission Division of Insurance PO Drawer 1269 Santa Fe, New Mexico 87504-1269 Street Address: PERA Building 1120 Paseo de Peralta Santa Fe, New Mexico 87501 505-827-4601 Fax 505-476-0326 Toll Free In-State Only: 888-427-5772 NV Scott J. Kipper Commissioner (Western Zone) Nevada Division of Insurance 788 Fairview Drive, Suite 300 Carson City, Nevada 89701-5491 775-687-4270 Fax 775-687-3937 Toll Free In-State Only: 800-992-0900 Health Complaints In State Only: 888-872-3234 Bradley Building 2501 E. Sahara Avenue, Suite 302 Las Vegas, Nevada 89104 702-486-4009 Fax 702-486-4007 NY Eric Dinallo Superintendent (Northeastern Zone) New York State Insurance Department 25 Beaver Street New York, New York 10004-2319 212-480-2301 Fax 212-480-2310 Toll Free: 800-342-3736 Fraud Hotline: 888-FRAUD-NY One Commerce Plaza, Suite 1700 Albany, New York 12257 518-474-4567 Fax 518-473-4139 OH Mary Jo Hudson Director (Midwestern Zone) Ohio Department of Insurance 50 West Town Street Third Floor, Suite 300 Columbus, OH 43215 614-644-2658 Fax 614-644-3743 Toll Free: 800-686-1526 Fraud Division: 800-686-1527 OHIIP 800-686-1578 © 2009 National Association of Insurance Commissioners 7
Page 1 and 2:
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
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Igel v. Phillips, 183 A.D. 220, 169
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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
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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
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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
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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
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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
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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
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Accordingly, the manufacturer sough
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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
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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
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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
Page 635 and 636:
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
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
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
Page 707 and 708:
As previously noted, of the sevente
Page 709 and 710:
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
Page 723 and 724:
(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
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
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 and 894: CO Marcy Morrison Commissioner (Wes
Page 895: KS Sandy Praeger Commissioner NAIC
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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