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Far West Insurance Company, In Liquidation 5230
Las Virgenes Road Calabasas, California 91302 |
TO: All Policyholders,
Principals, Obligees and Agents of
Far West Insurance Company, a Nebraska Insurer
_____________________________________________________________________________________
This Notice does not apply
to Bail Agents or Bail Bond transactions. A separate Notice will be
mailed concerning Bail Bonds.
_____________________________________________________________________________________
Please
be advised that Far West Insurance Company (“Far West”) became the subject of
an Order of Liquidation, Declaration of Insolvency, and Injunction
entered by the District Court of Lancaster County, Nebraska on Friday, November
9, 2001 under case number CI 01-4133 (“Order”). The Court found that Far West is insolvent and appointed L. Tim
Wagner, Director of Insurance of the State of Nebraska, as Liquidator of Far
West (the “Liquidator”) to liquidate the business of Far West. The Liquidation
will be administered at the offices of Far West by the Special Deputy
Liquidator. All communications should
be directed to Claimant Services at the address and phone number set forth
below.
Cancellation of All
Policies, including Bonds and Other Non-Cancelable Business
By issuance of the Order, pursuant to Neb. Rev. Stat. 44-4818 (Reissue 1998) and 44-4819 (Reissue 1998), all policies, including bonds and other non-cancelable business in effect at the time of the issuance of the Order shall continue in force until the earliest of:
(1)
Sunday,
December 9, 2001 at 11:59 P.M. CST
(which is 30 days from entry of the Order);
(2)
The
expiration of the policy or bond coverage;
(3)
The
date when the insured has replaced the insurance or bond coverage with
equivalent insurance with another insurer or otherwise terminated the bond or
policy.
In
sum, all bonds and policies will be canceled as a matter of statutory law, no
later than December 9, 2001 at 11:59 P.M. CST
If
your bond was issued by a co-surety in addition to Far West Insurance Company,
or your bond or policy contains additional provisions providing for the
liability of another company by reason of endorsement, you are instructed to
contact that company or those companies in regard to their liability, if any,
to you under the terms of that bond or policy.
Otherwise, we urge you to attempt to obtain replacement insurance
coverage or replacement surety bonds immediately.
You
may wish to contact your state insurance guaranty association to determine
whether your insurance policy or surety bond is considered a covered claim by
your guaranty association.
Due to the Order, Far West Insurance Company will no longer defend or pay for the defense of its insureds and principals and, therefore, any insured or principal involved in such litigation should make arrangements to employ independent counsel to defend any legal action which would otherwise be covered under a Far West policy or bond. The Liquidator will soon implement a claims process and adopt a Proof of Claim form. All insureds, principals, obligees and agents of Far West, as well as known claimants and persons reasonably expected to present claims will be provided a Proof of Claim form for filing claims once this process has been implemented. Please keep the Liquidator informed of any address changes. The bar date (last day to file a timely Proof of Claim) is September 30, 2002.
During the interim any inquiries may be directed to Claimant Services at 5230 Las Virgenes Road, Calabasas, California 91302, toll free number (866) 789-8119 or direct telephone number (818) 871-3614. Additionally, Far West Insurance Company’s Web Site (www.farwestbonds.com) is a source for news regarding the ongoing liquidation process, and contains additional information regarding your legal rights and obligations concerning the liquidation.
NOTICE TO ALL INSURANCE AGENTS
Every person who receives notice of this Order pursuant to Neb. Rev. Stat. §44-4822 (Reissue 1998) and who represents Far West as an agent shall, within fifteen days of such notice, absent written waiver of this requirement by the Liquidator, give written notice of this Order by first class mail to the last address contained in the agent’s records to each policyholder, principal, or any other person named in any policy or bond issued through the agent by Far West if such agent has a record of the address of the policyholder or other person. Such written notice shall include the name and address of the insurer, the name and address of the agent, identification of the policy or bond impaired, and the nature of the impairment, including termination of coverage as provided by Neb. Rev. Stat. §44-4819 (Reissue 1998) as listed above.
Each
agent obligated to give notice pursuant to this paragraph shall file a report
of compliance with the Liquidator. The
report shall consist of a copy of the letter sent to the agent’s client along
with a list of those client’s names, addresses, and Far West bond numbers or
policy numbers. These documents should be addressed as “Far West Insurance
Company Report of Compliance” and be sent to the attention of the Liquidator at
5230 Las Virgenes Rd., Calabasas, CA 91302.
Notice
by a general agent satisfies the notice requirement of this paragraph for any
agents under contract to him or her.
Any agent failing to give notice or file a report of compliance as
required by Neb. Rev. Stat. §44-4823 (Reissue 1998) for whom the
Liquidator has not waived such requirement may be subject to payment of a civil
penalty of not more than $1,000 and may have his or her license suspended.
_____________________________________________________________________________________
Listed
below are the bond(s) or policy(ies) effected pursuant to the Order: