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GUARANTY FUND DIRECTORY Updated 02/09/09 E-mail directory updates UTAH Allen Muhlestein Executive Director Utah Property & Casualty Insurance Guaranty Association (801) 984-1850 Fax: (801) 984-1851 E-mail: amuhl@xmission.com Time Zone: Mountain Mailing Address Street Address P.O. Box 1626 9065 South 1300 East Sandy, UT 84091-1626 Sandy, UT 84094 VERMONT GUARANTY FUND MANAGEMENT SERVICES Paul M. Gulko President (617) 227-7020 Fax: (617) 305-0121 E-mail: pgulko@gfms.org Time Zone: Eastern Mailing Address Street Address One Bowdoin Square One Bowdoin Square Boston, MA 02114-2916 Boston, MA 02114-2916 VIRGINIA GUARANTY FUND MANAGEMENT SERVICES Paul M. Gulko President (617) 227-7020 Fax: (617) 305-0121 E-mail: pgulko@gfms.org Time Zone: Eastern Mailing Address Street Address One Bowdoin Square One Bowdoin Square Boston, MA 02114-2916 Boston, MA 02114-2916
GUARANTY FUND DIRECTORY Updated 02/09/09 E-mail directory updates WASHINGTON WESTERN GUARANTY FUND SERVICES David C. Edwards President (303) 759-5066 Ext. 222 Fax: (303) 759-5312 E-mail: dedwards@wgfs.org Time Zone: Mountain Mailing Address Street Address Suite 408 Suite 408 1720 South Bellaire Street 1720 South Bellaire Street Denver, CO 80222 Denver, CO 80222 WEST VIRGINIA OHIO/WEST VIRGINIA GUARANTY FUNDS Frank Gartland President Ohio/West Virginia Guaranty Funds (614) 442-6601 Fax (614) 442-0004 E-mail fgart@rrcol.com Time Zone Eastern Mailing Address Street Address 1840 Mackenzie Drive 1840 Mackenzie Drive Columbus, OH 43220 Columbus, OH 43220 WISCONSIN Randy Blumer Executive Director Wisconsin Insurance Security Fund (608) 242-9473 Fax: (608) 242-9472 E-mail: Randy@wisf-madison.org Time Zone: Central Mailing Address Street Address Suite 135 Suite 135 2820 Walton Commons West 2820 Walton Commons West Madison, WI 53718-6797 Madison, WI 53718-6797
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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
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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.
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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
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Massachusetts Commissioner of Insur
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New York Finkelstein v. Van Schaick
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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
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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
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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
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jurisdiction over that litigation f
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ehabilitation in Indiana and had ob
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Krueger v. Tabor, 546 So.2d 1317 (L
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and, because of the guarantees, for
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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
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Covered Claim - Unearned Premium co
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Oregon Corvallis Aero Service, Inc.
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purposes of joint and several liabi
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Affiliated FM Ins. Co. v. State, 33
Page 801 and 802:
Heninger v. Riley, 317 Pa. Super. 5
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assumed the obligations of Dr. Lucc
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Florida Hawaii Fernandez v. Florida
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Case Law Digest Supplement LIFE & H
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Texas Messagephone, Inc., et al v.
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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 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 917: GUARANTY FUND DIRECTORY Updated 02/
Page 921 and 922: nolhga.com :: state ga contact info
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