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WI Sean Dilweg Commissioner (Vice Chair, Midwestern Zone) State of Wisconsin Office of the Commissioner of Insurance PO Box 7873 Madison, Wisconsin 53707-7873 Street Address: 125 South Webster Street GEF III – 2 nd Floor Madison, Wisconsin 53703-3474 608-266-3585 Fax 608-266-9935 Toll Free In-State Only: 800-236-8517 State Life Insurance Fund 800-562-5558 WV Jane L. Cline Commissioner NAIC President-Elect (Southeastern Zone) West Virginia Offices of the Insurance Commissioner PO Box 50540 Charleston, West Virginia 25305-0540 Street Address: 1124 Smith Street Charleston, West Virginia 25301 304-558-3354 Fax 304-558-0412 Toll Free In-State Only: 888-879-9842 WY Ken Vines Commissioner (Western Zone) Wyoming Insurance Department 106 East 6 th Avenue Cheyenne, Wyoming 82002-0440 307-777-7401 Fax 307-777-2446 Toll Free In-State Only: 800-438-5768 © 2009 National Association of Insurance Commissioners 10
NAIC OFFICES NAIC Central Office: 2301 McGee Street, Suite 800 Kansas City, Missouri 64108-2662 NAIC Executive Office NAIC Securities Valuation Office W:\EXEC\CMSRS\membershiplist.doc Business Strategy, Risk Management and Compliance of the Executive Division 816-842-3600 Fax 816-783-8175 816-783-8011 Fax 816-783-8012 Communications Department 816-783-8003 Fax 816-783-8012 Education and Training Department 816-783-8200 Fax 816-460-7544 Executive Division 816-783-8057 Fax 816-783-8012 Finance Department 816-783-8010 Fax 816-783-8144 Financial Regulatory Services Division 816-783-8415 Fax 816-783-8869 Information Systems Division 816-783-8073 Fax 816-783-8053 Insurance Products and Services 816-783-8736 Fax 816-783-8869 Legal Division 816-783-8022 Fax 816-783-8144 Market Regulation Division 816-783-8056 Fax 816-783-8869 Meetings Department 816-783-8100 Fax 816-783-8012 Membership Services Department 816-783-8008 Fax 816-783-8012 Publications Department 816-783-8300 Fax 816-460-7593 Research Division 816-783-8232 Fax 816-783-8053 Research Library 816-783-8250 Fax 816-783-8144 Hall of States Building 444 North Capitol Street, N.W. Suite 701 Washington, D.C. 20001-1509 48 Wall Street, 6th Floor New York, NY 10005-2906 202-471-3990 Fax 816-460-7493 212-398-9000 Fax 212-382-4207 © 2009 National Association of Insurance Commissioners 11
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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
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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
Page 206 and 207:
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.
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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
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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
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In re N.Y. Surety Co., 723 N.Y.S.2d
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Governmental/Superpriority Claims S
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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
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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
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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
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Arizona Colorado State ex rel. Low
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equirements had not been complied w
Page 659 and 660:
Michigan Commissioner of Insurance
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commissioner certain securities for
Page 663 and 664:
State ex rel. Cincinnati Life Assn'
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and without assets in trust in Flor
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State ex rel. Burgess v. Crabbe, 11
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jurisdiction over the attorneys in
Page 671 and 672:
Pennsylvania Lewycka v. Springfield
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meaning, held that the Indiana clai
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Rose v. Fid. Mut'l Life Ins. Co., 2
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uniform law or that it was necessar
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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
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against the Wisconsin Insurance Sec
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PART II Cross‐Border Run‐Offs a
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CASE(S) Highland Insurance Company
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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
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arrangement, including solvent run
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5. Chapter 15 ~ Official Text 1501.
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(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
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§1521. Relief that may be granted
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(4) approval or implementation of a
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B. United Kingdom ‐‐ The Positi
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1. majority votes in favour of the
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eported claims, was not of great im
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and Jersey. The English schemes wou
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Life Assurance Limited (FPLLA) both
Page 735 and 736:
MB Group Plc, Re (1989) 5 B.C.C. 68
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issued a third circular which state
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court had jurisdiction to sanction
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The Judge (Roger Kaye Q.C.) allowed
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the agreement would not be avoided
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submitted that cover had been provi
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liquidators and in the English bank
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court did not strike out the petiti
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Stein so that he could pursue it. B
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Part III of the Winding‐up and Re
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v. Proceedings in Canada to Assist
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D. Bermuda ‐‐ The Bermuda Persp
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Hong Kong Court to restructure the
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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 and 896: KS Sandy Praeger Commissioner NAIC
Page 897 and 898: NH Roger A. Sevigny Commissioner NA
Page 899: TN Leslie A. Newman Commissioner (V
Page 903 and 904: GUARANTY FUND DIRECTORY Updated 02/
Page 921 and 922: nolhga.com :: state ga contact info
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