Insurance
Department
At a Glance
SUSAN F. COGSWELL, Commissioner
Office of the Insurance Commissioner
Established – 1865
Insurance Department Established – 1871
Statutory authority – CGS Title
38a
Central Office – 153
Market Street, Hartford, CT 06103
Number of employees – 141
Recurring operating expenses –
$18,403,641 – Fiscal Year 2004-2005
Organizational structure –
Administrative Division; Computer Systems Support; Consumer Affairs Division;
Financial Regulation Division; Licensing Division; Life and Health Division;
Market Conduct Division; Property and Casualty Division.
It is the mission of the Insurance Department to
protect Connecticut consumers by administering and enforcing insurance
laws. The agency accomplishes this goal
by ensuring the financial reliability and responsibility of all regulated
entities.
The insurance
laws administered by the Insurance Department are set forth in Title 38a of the
Connecticut General Statutes. They are
divided into 28 chapters, each addressing a separate area of insurance
regulation and insurance-related entities and products.
The Financial Regulation Division monitors the
financial condition of domestic and foreign companies, health care centers and
fraternal benefit societies authorized to do business in Connecticut. The analysis and compliance staff accesses
financial information directly from the National Association of Insurance
Commissioners’ (NAIC) database and, in many instances, the field examination
staff can electronically access company data files to perform substantive
testing. The Division has a
priority-based approach to analysis and examination that is designed to provide
timely identification of potential solvency concerns, and facilitate earlier
regulatory intervention.
The
actuarial staff is currently assigned within the various divisions. Procedures are in place to ensure that
actuarial input is provided to various department functions and procedures. The actuarial staff participates in the
analysis of the financial statements and other statutorily required
information. Actuaries also conduct
on-site examinations of insurance companies.
The actuaries are responsible for examining the policies and rates filed
for all life, health and property/casualty insurance companies to ensure
compliance with Connecticut statutory requirements.
The Consumer Affairs Division receives, reviews and responds to complaints and inquiries from Connecticut residents concerning insurance-related problems. During Fiscal Year 2004-2005, 8,824 formal complaints were logged into the Division’s computer database. As a result of the review of these complaints, the Division recovered $3,445,857 for Connecticut consumers in Fiscal Year 2004-2005. Additionally, the Division responded to 1,181 requests for informational pamphlets and booklets. Consumer Affairs also conducted a number of outreach programs designed to focus on, respond to and educate consumers on insurance matters. During Fiscal Year 2004-2005, the outreach program continued to focus on senior groups, variable Annuity (suitability) sales to seniors, small business owners, health fairs and medical providers. During the year, the Division’s outreach representatives spoke to more than 3,000 Connecticut residents.
The Legal Division directs the receivership and guaranty fund activities of the Insurance Department, and provides legal advice and related services to the Commissioner and the seven divisions of the Insurance Department on a broad spectrum of issues that arise in regulating the insurance industry. The legal staff also drafts, monitors and analyzes legislation; drafts and promulgates regulations; and participates in department hearings involving rates, license enforcement, and acquisitions of domestic insurance companies.
The Licensing Division is responsible for licensing professionals to ensure the quality and integrity of individuals and organizations in Connecticut which sell insurance products, provide insurance consulting service, or adjust insurance claims. The Licensing Division meets this benchmark by developing and maintaining up-to-date standards and educational programs for all licensees.
The
Life and Health Division reviews policy form and rate filings for all life and
health insurance products to ensure compliance with Connecticut General
Statutes and regulations. The Division
oversees the external appeals process and the expedited review process for
managed care organizations; licenses utilization review companies; preferred
provider networks; medical discount plans and viatical settlement companies;
and publishes a managed care report card.
It also publishes lists of carriers offering Medicare supplement, long
term care, small employer group health, individual health and HMO policies. The Division provides technical assistance
to other divisions, agencies and the Legislature, promulgates regulations and
takes enforcement action against carriers regarding non-compliance issues.
The
Market Conduct Division performs examinations of insurance companies, health
care centers, fraternal benefit societies, and medical utilization review
companies doing business in Connecticut to analyze the treatment of Connecticut
policyholders and claimants. In order
to provide protection to the insurance consumer, the Division also investigates
allegations of improper conduct against individual licensees and pursues
administrative action when warranted.
The
primary responsibility of the Property Casualty Division is to examine property
and casualty insurance rates, rules, policy forms and underwriting guidelines
to ensure that the insurance products sold in Connecticut by licensed carriers
comply with Connecticut statutory requirements. This is accomplished through review, analysis, oversight and approval
of insurance company programs covering home and automobile insurance; business
property and liability; medical, legal and other professional liability; and
workers’ compensation insurance. The
Division also oversees the operation of assigned risk plans for automobile,
property and workers’ compensation insurance.
Improvements/Achievements
2004-05
The Financial Regulation Division received a
successful interim accreditation review for the year ending December 2004. The Division completed review and approval
of three mergers or acquisitions of control of a Connecticut domiciled
insurer. The Division also actively
supervised four Connecticut financially distressed domestic insurers during the
year with none going into liquidation.
During Fiscal Year 2004-2005, Consumer Affairs staff met with members of the state of Connecticut Medical Societies, Physical Therapy Association, the HMO Association, Connecticut State Dental Association, Connecticut Society of Eye Physicians, and other interested parties to address medical provider concerns about coverage and claims issues. The Consumer Affairs Division also converted to a new computer database. The new system improves the ability to communicate with consumers and reduce the time in bringing their complaints to a resolution.
Throughout
the year, Consumer Affairs representatives met with staff members from the
Ombudsman’s Office and federal government agencies to coordinate distribution
of information regarding those insurance-related products over which they have
jurisdiction, i.e., Medicare and self-insured plans. In addition, during the second quarter, Consumer Affairs staff
attended training seminars on the new Medicare prescription drug cards.
The
Consumer Affairs Division’s medical/social outreach program educated the
medical community on insurance matters, reviewed complaint files involving
medical necessity and represented the Insurance Department on a number of
committees, including the Cancer Society, Children with Special Health Care
Needs and the Diabetes Educational Committee.
During
Fiscal Year 2004-2005, the Insurance Department’s Computer Support Services began implementation of a new automated
system on a division by division basis.
The system, named “CRIS” for Connecticut Regulatory Information System,
is designed to increase automation in the Department, improve efficiency for
our customers, and reduce paper and paper processing by relying on document
imaging technology. Development of CRIS
is being developed in cooperation with the University of Connecticut. The Licensing Division and the Consumer
Affairs Division were the first to utilize the new system. The goal for Fiscal Year 2005-2006 is to
complete automation of the other divisions within the Insurance
Department. In the future, additional
customer service improvements will be made by the implementation of various
internet-based services.
The
Legal Division, during Fiscal Year 2004-2005, promulgated four regulations and
assisted department divisions in 88 administrative enforcement proceedings or
stipulated settlements that resulted in the assessment of $1,578,688.15 in
fines and penalties. The Division also
supported 34 insurance rate hearings and participated in three hearings under
the Connecticut Insurance Holding Act regarding the merger or the acquisition
of control of a Connecticut domiciled insurer.
The
Licensing Division is an on-going participant in an effort to allow insurance
licensees, insurance companies and the public to access insurance license
information on-line through the Connecticut Licensing Information Center
(CLIC). This site allows consumers to
view the name, license number, type, termination date and authority of licenses
on the web at www.ct-clic.com.
In
October 2004, the Life and Health Division published the annual managed care
report card, A Comparison of Managed Care Organizations in Connecticut. The Division also surveyed health
maintenance organizations for the Department of Social Services’ report card
for Medicare Risk Plans in Connecticut.
In 2004, there were 114 requests for external review, 43 of which
reversed the denials of the utilization review companies. The Division processed approximately 14,000
rate and form filings, including electronic submissions through the System for
Electronic Rates and Form Filings. In
addition, licenses were issued or renewed to 120 utilization review
companies. In 2004, the department
licensed 16 preferred provider networks.
The
Market Conduct Division opened 44 examinations of Property/Casualty, Life and
Health and Utilization Review companies, and 143 investigations involving
individual licensees. These
examinations and investigations resulted in $1,101,811 in fines, as well as
other actions including revocations, surrenders, and probations or
cancellations of insurance licenses.
The
Property and Casualty Division received over 4,000 insurance program filings of
rates, rules and forms in 2004. The
Division approved an overall –0.3 percent rate level change for workers’
compensation insurance for employers in the voluntary market and a decrease of
–6.4% in the assigned risk plan in Connecticut. In addition, in an effort to facilitate insurance company
compliance with state laws and regulations, the Property and Casualty Division
posted on the Department’s web site regulations pertaining to property and
casualty insurance.
As reported by the Financial Regulation Division, as
of July 1, 2004 there were 1,192 insurance companies licensed in
Connecticut. Of that total, 122 were
domiciled in the state of Connecticut.
The applications of 15 insurers applying for admissions were reviewed in
Fiscal Year 2004-2005. Of the 15
applications reviewed, 10 were licensed and five were rejected and/or
withdrawn. In addition, 23 companies
ceased to be licensed through dissolution, merger or voluntary surrender of
their certificates of authority. As of
June 30, 2005, 1,179 insurers were authorized to transact business in Connecticut. During Fiscal Year 2004-2005, 36 on-site
examinations of Connecticut domiciled insurers were completed. As of June 30, 2005, there were six
examinations in progress.
The following table indicates calendar year 2004 direct
premiums written in Connecticut:
Life, Health and Annuities $22,356,318,517
Property and Casualty Lines 6,431,153,695
Health Care Centers 2,520,450,972
Fraternal Benefit Societies 45,810,080
Surplus Lines 380,871,176
Risk Retention Groups 70,167,474
Title 173,792,280
Pools and Associations 148,380,635
Total Premiums
Written $32,126,944,829
In March 2005, the Life and Health Division prepared a
report that was submitted to the Governor and General Assembly regarding the
Commissioner’s responsibilities concerning managed care organizations. This report included a summary of quality
assurance plans, potential modifications to the consumer report card, market
conduct activity, a summary of complaints filed with the Department, a summary
of violations, and a summary of issues discussed regarding managed care at
public forums. In June 2005, the
Division reported to the Governor and General Assembly that no managed care organizations
failed to file any data as required by Public Act 97-99 and Public Act 99-177.
The following information is provided in accordance with Conn.
Gen. Stat. § 38a-13:
During Fiscal Year 2004-2005, the Insurance Commissioner served
as the receiver of five domestic insurance companies: three property and casualty insurers, one life and health
insurer, and one health care center. In
addition, the Insurance Commissioner served as ancillary receiver of two
property and casualty insurers domiciled in Massachusetts.
The Connecticut
Surety Company -- The Insurance
Commissioner was appointed Rehabilitator of The Connecticut Surety Company
("CSC”) by the Superior Court on February 6, 2002. CSC was a Connecticut domiciled surety
company that issued commercial and contract surety and fidelity bonds. CSC’s principal offices were in Hartford,
Connecticut and were licensed to transact the business of insurance in
Connecticut and 25 other states and the District of Columbia. On May 17, 2002, the Superior Court entered
an Order of Liquidation, which declared CSC insolvent and appointed the
Insurance Commissioner Liquidator of CSC.
The Liquidator was directed to take possession of the assets of CSC and
to administer them under the supervision of the Superior Court. All policies and contracts of insurance or
bonds issued by CSC were cancelled by the Liquidation Order. Promptly after the issuance of the
Liquidation Order, the CSC Liquidator mailed notice of the Liquidation Order to
all known creditors of CSC, together with a copy of a proof of claim and
directions to file with the Liquidator any and all claims against CSC on or
before November 15, 2002. On May 16,
2003, the Liquidator filed her First Report with the Superior Court and noted
therein that approximately 1,094 proofs of claim were filed with the Liquidator
and that the CSC balance sheet as of March 31, 2003 showed assets of
$6,152,664.20 and liabilities of $14,675,211.20. CSC and its corporate affiliates operated as an integrated organization,
sharing office space, personnel and cash management systems. As a result of the management and
shareholders’ abandonment of CSC’s corporate parent, Connecticut Surety
Corporation, and its corporate affiliates, the Liquidator determined that the affairs
of CSC’s affiliated entities should be wound-up as part of the receivership
proceedings of CSC. The CSC Affiliates
consist of the following companies: The Connecticut Surety Company, Connecticut
Surety Corporation, Connecticut Surety Insurance Agency, Inc., Funds
Management, Inc., Connecticut Surety Insurance Agency of Arizona, Inc., Bonds
II Surety Group, Inc., and Connecticut Surety Insurance Agency of Nevada, Inc.,
(collectively, the “CSC Affiliates”).
On May 29, 2003, the Superior Court granted the Liquidator’s Motion for
Substantive Consolidation of CSC and its affiliates and entered an Order for
Substantive Consolidation, which joined the CSC Affiliates in the pending
liquidation proceedings. The Order for
Substantive Consolidation directed the Liquidator to take possession of the assets
of each of the CSC Affiliates and to administer the assets jointly along with
the assets of CSC under the supervision of the Superior Court. The Liquidator promptly gave notice to
persons interested in the CSC Affiliates of the Order for Substantive
Consolidation and August 29, 2003 deadline for the filing of claims against the
estates of the CSC Affiliates. On May
18, 2005, the Liquidator filed her Third Report with the Superior Court
detailing the status of the liquidation proceedings. As of May 10, 2005, approximately 1,223 proofs of claim of
various classes of claims were filed with the Liquidator. The consolidated balance sheet of CSC and
the CSC Affiliates as of March 31, 2005 shows a deficiency of assets over
liabilities of $14,699,702.83, with total assets of $6,961,819.75 and total
liabilities of $21,661,522.58. The
Department's web site (http://www.ct.gov/cid) continues as a
source for news and information regarding the liquidation of CSC and the CSC Affiliates.
Covenant
Mutual Insurance Company -- The
Insurance Commissioner was appointed Rehabilitator of Covenant Mutual Insurance
Company ("Covenant") on March 1, 1993. Covenant was a Connecticut domiciled insurer established in 1831
and was licensed to do business in 31 states.
On May 4, 1994, the Superior Court entered an Order (“Confirmation
Order”) confirming a Plan of Rehabilitation of Covenant. The Confirmation Order, among other things,
(i) confirmed the Covenant Plan of Rehabilitation (“Plan”), (ii) declared
Covenant insolvent as of the date of the Confirmation Order, (iii) directed
that the assets and liabilities comprising Covenant’s estate be liquidated as
provided in the Plan; and, (iv) established a December 31, 1994 Bar Date for
the filing of claims against the Covenant estate. On December 29, 2004, the Trustee filed her Report with the
Superior Court. As reflected in the
Report, the June 30, 2004 balance sheet of the Covenant Mutual Liquidation
Trust shows a deficiency of assets over liabilities of $9,219,995.25, with
total assets of $13,697,152.47 and total liabilities of $22,917,147.72.
First Connecticut Life Insurance Company -- The Insurance Commissioner
was appointed Rehabilitator of First Connecticut Life Insurance Company
(“FCLIC”) by the Connecticut Superior Court on April 2, 1996. FCLIC was based in Torrington, Connecticut
and commenced business in 1991. FCLIC was licensed only in Connecticut, and
immediately prior to its rehabilitation proceedings, offered health, dental,
short-term disability, Medicare excess, major medical and prescription drug
benefits to employer groups or multiple employer trusts. On May 23, 1996, at the request of the
Rehabilitator, the Superior Court ordered that FCLIC be placed in liquidation. In doing so, the Court further ordered that
any and all claims against FCLIC be presented to the Liquidator on or before
December 31, 1996, in order to share in the distribution of the assets of
FCLIC. Of the 351 proofs of claim filed
with the Liquidator prior to the claim bar date, 234 claims were filed by FCLIC
policyholders. The Connecticut Life and
Health Insurance Guaranty Association (“CLHIGA”) has paid all but a few of
these claims, and those that have been denied by CLHIGA, were denied on the basis
that they were not covered by FCLIC’s policies. On July 22, 2002, the Liquidator and Arthur Andersen LLP
(“Andersen”) entered into a Settlement Agreement, which resolved the claims
between the Liquidator and Andersen and disposed of two lawsuits initiated by
the Liquidator. The first lawsuit
alleged certain claims against Andersen arising in connection of Andersen’s
audits of the financial statements of FCLIC for the years 1992, 1993 and 1994. The second lawsuit alleged that certain
payments by FCLIC to Andersen were impermissible preferential payments. Pursuant to the Settlement Agreement,
Andersen, without admitting any liability or wrongdoing, paid $2,000,000 to the
Liquidator and the Liquidator caused the lawsuits to be dismissed with
prejudice. On July 30, 2003, the
Superior Court entered an Order approving: (a) a compromise of a claim; (b) the
Liquidator’s claims report and distribution to creditors; and (c) the
procedures for any remaining administrative claims. In December 2004, the FCLIC Liquidator paid CLHIGA $6,049,138.97
as a creditor of the FCLIC estate. The
payment to CLHIGA was in addition to early access funds FCLIC distributed to
CLHIGA in 1996 totaling $8,125,000. The
distributions from the FCLIC estate to CLHIGA made possible a refund by CLHIGA
of 69.3% of assessments paid by its member insurers for the FCLIC
insolvency. On December 15, 2004, the
Superior Court entered an Order approving the closure of the FCLIC Liquidation
Proceedings, including approving the dissolution of FCLIC, destruction of
records, discharge of the Liquidator and the issuance of injunctions. On June 27, 2005, the FCLIC Liquidator
executed and filed with the Superior Court a Certificate of Discharge and
Closure of the Liquidation Proceedings.
Westbrook Insurance
Company -- On July 17, 1997, the
Superior Court appointed the Insurance Commissioner Rehabilitator of Westbrook
Insurance Company (“Westbrook”), a Connecticut domiciled property and casualty
insurance company which had its principal office in Wallingford,
Connecticut. Westbrook was incorporated
in 1994 and licensed only in Connecticut; it underwrote direct insurance and
reinsurance on auto liability and auto physical damage risks. Westbrook is a wholly owned subsidiary of
Home State Holdings, Inc. (“HSH”) and part of an affiliated group of property
casualty insurance companies (the “Home State Group”) domiciled in the states
of New York, New Jersey, Pennsylvania, and Georgia. The Rehabilitator determined that it was in the best interest of
policyholders, creditors, and the public to sell Westbrook’s ongoing business
and transfer Westbrook’s claim handling functions to financially reliable
parties. Accordingly, the Rehabilitator
entered into a Policy Acquisition Agreement and a Reinsurance Agreement dated
as of August 15, 1997 with Eagle Insurance Company (“Eagle”), whereby Eagle
assumed all of the obligations of Westbrook under all direct policies issued by
Westbrook for losses with dates of accidents on and after August 15, 1997. In order to ensure the continued handling of
claims on Westbrook policies arising out of accidents prior to August 15, 1997,
the Rehabilitator entered into a Claims Service Agreement dated August 15, 1997
with Material Damage Adjustment Corp.(“MDA”), an affiliate of Eagle. During this period, the Rehabilitator
arranged for Westbrook to transfer to First Security Insurance Company of
Hartford performance of all services it provided to the company as its
reinsurer of certain commercial auto business, including the collection of
premium and the adjustment and payment of claims. On October 26, 1998, the Superior Court granted the petition of
the Rehabilitator and ordered that Westbrook be placed into liquidation and
appointed the Insurance Commissioner Liquidator of Westbrook. The claim bar date set by the Court for
filing proofs of claim was January 31, 1999.
The Receiver filed with the Superior Court her Seventh Accounting on
November 12, 2002. On August 20, 2002,
the Liquidator made a distribution of the estate in the amount of $1,058,071.10
to claimants whose claims have been previously allowed by the Court. The amount distributed to each claimant was
equal to 100% of the allowed amount of each claimant’s claim falling within Class
1 through Class 5 and 75% of the allowed amount of any claim 6 claim. On February 27, 2003, the Superior Court
issued an order approving (A) the Liquidator’s claims report and final
distributions to creditors, (B) establishment of reserves, (C) administrative
claim procedures, and (D) procedures for the retention and/or destruction of
records. Pursuant to this Order, Class
6 claimants receive the remainder of their allowed claims in full, the Class 7
claim is paid in full and Class 8 claims receive pro rata distributions in
accordance with their allowed amounts, if all preceding classes have been paid
in full. On July 2, 2003, the
Liquidator obtained a release from the United States of America from any
liability for federal claims pursuant to 31 U.S.C. § 3713(b). On or about November 18, 2003, the
Liquidator made a second distribution to the creditors of Westbrook with unpaid
claims in the total amount of $3,646,486.62 which, together with the amounts
distributed in 2002, represented payment of 100% of their allowed claims. On or about December 14, 2004, the
Liquidator made a third distribution to creditors in the total amount of
$525,032.22 representing interest on their claims filed against the Westbrook
estate. On April 5, 2005, the
Liquidator executed a Quitclaim Assignment in favor of Home State Insurance
Company in Liquidation, whereby certain amounts receivable from Westbrook
reinsurers are transferred to Home State in satisfaction of its claim against
Westbrook. On May 11, 2005, the
Superior Court, upon motion of the Liquidator, entered an Order Approving
Closure of the Westbrook Liquidation Proceedings which approved the dissolution
of Westbrook, approving the procedures for remaining administrative claims,
authorizing disposition of unclaimed and withheld funds, discharging the Liquidator,
enjoining actions against Westbrook, the estate and the Liquidator, closing the
liquidation, and authorizing the Liquidator to make such filings and take such
other action as she may deem appropriate to conclude the liquidation
proceeding.
Suburban
Health Plan, Inc. -- On May 20, 1999,
the Superior Court entered a Stipulated Order of Liquidation declaring Suburban
Health Plan, Inc. (“Suburban”) to be insolvent and appointed the Insurance
Commissioner Liquidator of Suburban.
Suburban was an HMO based in Shelton, Connecticut which served more than
8,000 members, and was an affiliate of Griffin Hospital in Derby,
Connecticut. On May 12, 2004, the
Superior Court entered an Order approving the Liquidator’s claims report,
distributions to creditors, and other relief that will permit the Liquidator to
substantially complete the administration of the estate. The Order: allowed approximately 2,400
claims filed by participating providers and individuals that had paid
participating providers; permitted the Liquidator to make a distribution to
those creditors based on the priorities established by Conn. Gen. Stat. §
38a-944; authorized a compromise of claims with the United States, which had
asserted a claim in connection with a payment it had made to a provider under
Medicare; allowed a claim by the Insurance Department as an expense of
administration; authorized the Liquidator to offer participating providers an
enhanced distribution from the estate if they were willing to agree to release
any claims they might have against enrollees; and entered injunctions that
prohibit participating providers that accept an enhanced distribution from
pursuing any enrollees of Suburban. On
September 9, 2004, the Superior Court approved the Liquidator’s Fifth Accounting
and Status Report. On April 20, 2005,
the Superior Court entered an Order disallowing the claim of Greenwich
Hospital. The Liquidator has made final
distributions to all of the creditors of Suburban. On June 9, 2005, the Liquidator filed a motion with the Superior
Court for the entry of an order enabling the closure of the Suburban
liquidation proceedings. The Liquidator’s Motion was pending at the end of
Fiscal Year 2004-2005. The Liquidator
expects to effectuate the closure of the Suburban estate within the year.
On April 26, 1989, the Insurance
Commissioner was appointed ancillary receiver of American Mutual Liability Insurance Company (AMLICO) and American Mutual Insurance Company of
Boston (AMI), were both domiciled in Massachusetts and placed in
liquidation on March 9, 1989. The
ancillary receiver has distributed assets from the AMLICO and AMI receivership
estates to the Connecticut Insurance Guaranty Association (“CIGA”) in the total
amount of $20,000,000 and $4,000,000, respectively, as early access
distributions for the administrative expenses, claims and claims handling
expenses CIGA had incurred for covered policy obligations in connection with
the AMLICO and AMI insolvencies. By
letter dated September 22, 1989, the United States Department of Justice gave
notice to the Ancillary Receiver that the United States, its departments,
agencies, and instrumentalities assert priority status pursuant to 31 U.S.C. §
3713 with regard to the debts due it from AMI and AMLICO (“the Federal Priority
Statute”). On October 4, 2002, the
Ancillary Receiver filed with the Superior Court her Plan of Liquidation of
Connecticut Assets of AMLICO and AMI (the “Plan”). The Plan provides for the payment of the expenses of
administering the companies’ estates and also provides for the payment of
claims by policyholders that are Connecticut residents or claims by claimants
against policyholders that are Connecticut residents. The Plan also provides for the payment of the claims and loss
adjustment expenses of the two Connecticut insurance guaranty
associations. The Plan further provides
that after the payment of the foregoing claims and the establishment of
reserves for disputed claims and administrative expenses, all remaining funds
are to be transferred to the Massachusetts domiciliary receiver. The Superior the Court entered an order
approving the Plan on November 21, 2002 and subsequently entered an order
authorizing the payment of certain allowed Class 2 claims under and pursuant to
the Plan. These claims, totaled
$805,225.03 and $142,098.53 for AMLICO and AMI, respectively, and were paid by
the Ancillary Receiver on April 30, 2003.
On May 9, 2003, the Ancillary filed with the Superior Court her Second
Motion for Disallowance and Allowance of Claims. On November 5, 2003, the Ancillary Receiver signed an agreement
with the Permanent Receiver and CIGA which establishes a procedure by which to
resolve CIGA’s remaining claims against the AMLICO and AMI Connecticut
ancillary receiverships in order to facilitate the closure of the
receiverships. On January 28, 2004 the
Superior Court entered an Order allowing a Class 2 claim in the amount of
$1,600. On January 28, 2005, the Ancillary Receiver and the U.S. Department of
Justice entered into a Release Agreement to withdraw the United States’ 1989
priority claim asserted against all assets of the AMLICO and AMI ancillary
receivership estates with respect to debts that may be owed to the United
States, its departments, agencies, and instrumentalities, thereby permitting
the distribution of ancillary receivership assets to creditors. On March 29, 2005, the Connecticut
Ancillary executed a transfer agreement between her and the Massachusetts
Permanent Receiver of AMLICO and AMI, whereby the Permanent Receiver will to indemnify,
hold harmless and defend the Ancillary Receiver from all liabilities and
claims, thereby allowing the distribution of the residual assets of AMLICO and
AMI to the Permanent Receiver. On May
9, 2005, the Ancillary Receiver paid the Connecticut Life and Health Insurance
Guaranty Association $138,996.09 in final settlement of its claims against the
AMLICO and AMI ancillary receivership estates.
On May 11, 2005, the Superior Court, upon motion of the Ancillary
Receiver, entered an order enabling closure of the AMLICO and AMI ancillary
receivership proceedings. The Superior
Court order approved the agreement with CIGA and authorized the transfer of
$5,737,500 from the AMLICO ancillary receivership estate and $1,012,500 from
the AMI ancillary receivership estate to the escrow established in the CIGA
agreement for the payment of CIGA’s remaining claims against the ancillary
receivership estates. The order also
authorized disposition of the Ancillary Receiver’s records, authorized the
Ancillary to take other administrative action to close the ancillary
receivership estates, and other requested relief. As of June 30, 2005, the
AMLICO and AMI ancillary receiverships had assets of $22,954,285.07 and
$2,162,667.80, respectively. The
Liquidator expects to effectuate the closure of the AMLICO and AMI ancillary
receiverships during calendar year 2005.