November 12,
2001 Notice of Legal Rights and Obligations
Subject: Notice
of Liquidation – Far West Insurance Company
An Order to Liquidate Far
West Insurance Company (“Far West”), a Nebraska domiciled insurer with its
principal office at Calabasas, California, was entered by the District Court of
Lancaster County Nebraska, on Thursday, November 9, 2001, in case number CI
01-4133. The Order of Liquidation was
entered pursuant to Neb. Rev. Stat. §44-4818 (Reissue 1998) and
appointed L. Tim Wagner, Director of Insurance for the State of Nebraska, the
Liquidator. Steven L. Ramsey has been
appointed as Special Deputy Liquidator.
Under an Order of
Liquidation (“Order”), the Liquidator is authorized and directed to forthwith
take possession and control of the assets of Far West and administer them under
the general supervision of the Court.
Pursuant to Neb. Rev. Stat. §44-4818 (Reissue 1998), the
Liquidator is directed to exercise any and all rights of Far West in connection
with any collateral or other assets being held for the benefit of Far West by
any person or entity. The Liquidator is
vested by operation of law with title to all of the property, contracts, and
rights of action and all of the books and records of Far West, wherever
located, as of the entry of this Order of Liquidation and further succeeds to
the title of all assets, claims and rights of the insurer.
Upon issuance of the Order,
the rights and liabilities of Far West and its creditors, shareholders, and all
other persons interested in this estate shall become fixed as of the date of
the entry of the Order except as provided in Neb. Rev. Stat. §44-4818
and §44-4837 (Reissue 1998). The
Liquidator exercises and is subject to all of the rights, powers and duties of
a Liquidator under Neb. Rev. Stat. §44-4801 et seq. (Reissue 1998).
All persons or other legal entities shall pay all sums or premiums due Far West in accordance with Neb. Rev. Stat. §44-4833 (Reissue 1998) and deliver any and all property of Far West, personal or real, of every kind or nature, to the Liquidator or his designated representatives.
Please TAKE NOTE THAT all policies including bonds and other non-cancellable business in effect at the time of issuance of the Order of Liquidation 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 coverage; or
(3) The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy.
Pursuant to Neb. Rev. Stat. §44-4824 (Reissue 1998), no action at law or in equity or in arbitration whether in this state or elsewhere, may be brought against Far West, or its Liquidator, nor shall any existing actions be maintained or further presented after issuance of the Order. The Liquidator may intervene in any pending action in order to protect the estate of the insurer.
The Liquidator may institute any actions and proceedings on behalf of Far West subject to Neb. Rev. Stat. §44-4824 (Reissue 1998). Mutual debts or credits between Far West and another person in connection with this liquidation shall be subject to Neb. Rev. Stat. §44-4830 (Reissue 1998). Any amount recoverable by the Liquidator from reinsurers shall not be reduced as a result of this Order regardless of any provision in the reinsurance contract or other agreement pursuant to Neb. Rev. Stat. §44-4832 (Reissue 1998).
ATTENTION 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, absent written waiver of this requirement by the Liquidator within fifteen days of such notice, 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) which provides in pertinent part as follows:
(1) All policies including bonds and other noncancellable business in effect at the time or issuance of the order of liquidation shall continue in force until the earliest of:
(a) Sunday, December 9, 2001 at 11:59 P.M.
CST (which is 30 days from entry of the
order);
(b) The expiration of the policy coverage;
(c) The date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy;
(d) The date proposed by the Liquidator and approved by the court to cancel coverage.
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. These documents should 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.
All agents, brokers, premium finance companies and
other persons, other than insureds, responsible for the payment of premiums
shall be obligated to pay to the Liquidator any unpaid earned premium of Far
West and all unearned commissions as of the cancellation of the bond.
All insureds of Far West are
obligated to pay to the Liquidator any earned premium due as of the date of the
Order.
Any person failing to comply with the provisions of Neb.
Stat. Stat. §44-4833 is subject to the penalties provided therein,
including imposition of civil penalties by the Director of Insurance of not
more than $1,000 for each act in violation of said statute.
The Liquidator will be petitioning
the Court for an Order implementing a claims process and adopting a Proof of
Claim form. All insureds of Far West
will be provided a Proof of Claim form for filing claims once this process has been
implemented. Please keep the Liquidator
informed of any changes of address. The
bar date (last day to file a timely Proof of Claim) is September 30, 2002.
If you have questions or need
further information concerning the liquidation of Far West, any inquiries may
be directed to claimant services Far West Insurance Company 5230 Las Virgenes
Road, Calabasas, CA 91302. The claimant
service department is also available for inquiries at their toll free number –
(866) 789-8119 or direct number – (818) 871-3614. Additionally, Far West Insurance Company’s web site
(www.farwestbonds.com) is a source for news regarding the ongoing liquidation.