NOTICE TO POLICYHOLDER AND THEIR LOSS PAYEES/MORTGAGEES
STArE BOARD OF I~SURANCE
LYNDON L. OLSON, JR., Chairman
DAVID H, THORNBERRY, Member
CATHERINE BROWN FRYER, Member
DOYCE R. LEE, Commissioner
UQUIDATlON DIVISION
OFFICE OF THE RECEIVER
JAMES T. ODIORNE
Liquidator - Receiver
HEe
:~VED
November 14, 1986
NOTICE TO POLICYHOLDERS AND
THEIR LOSS PAYEES/MORTGAGEES
om ,1'(~\ _
RE:
- - - - - - ----- -- ---
TEXAS FIRE AND CASUALTY COMPANY, Dallas, Texas, in
State of Texas vs. Texas Fire and Casualty Company,
in the 53rd Judicial District Court of Travis County,
"'" 1,17{~1\T -."
'-!~~-~,-.~~ _l,-:L';-<i--<?J~~.
Receivership; The
Cause No. 396,246
Texas.
Dear Policyholders and Your Loss Payees/Mortgagees:
IMPORTANT NOTICE: Earlier this year we started liquidation proceedings for
this company. Those proceedings were suspended when we were contacted by a
group with the apparent ability to purchase and rehabilitate Texas Fire and
Casualty Company. We negotiated with that group because your coverage would
not have been cancelled and your pending claims would have been limited by
the terms of your policy, not by the receivership statute. It is now very
clear, and the potential purchaser agrees, that this sale of Texas Fire and
Casualty Company will not take place. We appreciate your understanding,
patience and cooperation as we have attempted to rehabilitate this company.
THANK yOU. We have instructed our staff to assist you in every way possible
in claims payment and final liquidation. PLEASE read the rest of this
notice very carefully so that you can protect your rights.
The 53rd Judicial District Court of Travis County, Texas, temporarily
enjoined Texas Fire and Casual~y Company, a Texas orga!!i~ed and_,d()1ll.icil~(:1
company;-and-pia-ced---rr-In-Temporary -Receivership on--May 15, 1986. All
subsequent proceedings regarding the affairs of this company in the State of
Texas are thereby governed by Arts. 21.28, et. seq. of the Texas Insurance
Code.
That District Court order appointed me as Receiver of Texas Fire and
Casualty Company and directed me to assume its affairs in the State of
Texas. The 53rd Judicial District Court ordered cancellation, effective on
the 7th day of December, 1986 at 11:59 p.m., of all the inforce policies,
contracts of insurance and bonds of Texas Fire and Casualty Company.
It is therefore imperative that you seek to obtain new insurance coverage as
soon as possible.
hw--~~~
7901 CAMERON ROAD, BUILDING #1
AUSTIN, TEXAS 78753,6717
TELEPHONE
512/339,1900
MAIL ADDRESS
p,O, Box 16619
Northeast Station
Austin, Texas 78761,9998
I
I
The 53rd Judicial District Court has set a claim filing period and ordered
that any and all claims against Texas Fire and Casualty Company must be
presented on or before December 7, 1987. This deadline may vary in your
state. Please contact your State Insurance Department or State Guaranty
Association for further information.
Residents of Florida should submit their claims to:
Mr. Fred Washington
Division of Rehabilitation and Liquidation
325 John Knox, Bldg. L, Room 102
Talahassee, Florida 32303
Residents of Michigan should submit their claims to:
Patrick H. McGuire
State of Michigan Receivership Division
611 Ottowa Tower N
Lansing, MI 48909
Residents of all other states should submit their claim forms to:
James T. Odiorne, Receiver
Liquidation Division
P. O. Box 16619, Northeast Station
Austin, TX 78761-9998
If you have any questions in regard to handling of claims or law suits in
which you are involved, please contact your State Department of Insurance or
State Guaranty Association.
T. ODIORNE, Receiver of
Fire and Casualty Company
JTO/RN/rd
ENCL.
NOT/POL/OTH
I
I
PROOF OF CLAIM FOR RETURN OF UNEARNED PREMIUM
IN THE MATTER OF
TEXAS FIRE AND CASUALTY COMPANY
IN RECEIVERSHIP
321-
(For Receivers use only)
POLICY NO.
CLAIMANT'S NAME (PLEASE PRINT)
MAILING ADDRESS
PHONE /1
BUSINESS #
CITY
STATE
ZIP
POLICY PERIOD: FROM
TO
TOTAL PREMIUM
PAID $
AGENT'S NAME:
ADDRESS:
Have you or any person on your behalf received any money from any source
that is included in the amount for which you are making claim?
( ) NO () YES Amount $ . Source
Have you assigned any portion of your claim to any other person?
( ) NO () YES To Whom?
Name
Address
AGENT
ADDRESS
IS PREMIUM FINANCED?
( ) NO
( ) YES
NAME & ADDRESS OF COMPANY
BALANCE OWED TO FINANCE CO. $
If proof of claim is filed by anyone other than the insured, an
assignment of interest made out by the insured to the claimant must be
furnished.
Claim upon my oath is hereby made for the unearned premium. Subj ect to
the penalties of perjury, the foregoing information is true and correct.
SIGNATURE OF CLAIMANT
IF CORPORATION, TITLE OF OFFICER
SUBSCRIBED AND SWORN TO ME, on this the
day of
, 198 .
NOTARY PUBLIC
STATE OF
COUNTY OF
MY COMMISSION EXPIRES
PROOF OF CLAIM MUST BE FILED WITH THE RECEIVER
NO LATER THAN DECEMBER 7. 1987.
PLEASE READ THIS lRM CAREFULLY AND NOTE THAT YOU ~ MAKING THE STATEMENTS
TJNDER OATH: .. .
P ROO F OF CL A i ~
"
against
TEXAS FIRE AND CASUA.LT"fCOMPANY, IN RECEIVERSHIP
BEFORE ME, the undersigned notary public,'appeared the person whose name is
subscribed hereto, who stated on OATH:
That Texas Fire and Casualty Company, after deduct~ng all offsets and
counterclaims is indebted to him as follows;
CLAIMANT'S NAME
(Party who is executing 'this c'laim'and to' whom payment
is to be made) .. I,;, "~
, "'.' ~~ ,
CLAIMANT'S ADDRESS
(Street or Box Number) (City) (State) (Zip Code)
NAME OF TEXAS FIRE & CASUALTY CO. POLICYHOLDER:
POLICY NUMBER:
CLAIM NUMBER:
TYPE OF LOS S :
DATE OF LOSS:
TOTAL AMOUNT CLAIMED DUE: '$
NATURE OF CLAIM (BRIEF EXPLANATION OF FACTS):
.'>
WITH THE EXCEPTION OF THE FOLLOWING, I ALONE AM ENTITLED TO FILE THIS
CLAIM, NO OTHERS HAVE ANY INTEREST THEREIN. (Show here the names of
any persons or firms who have an interest in this claim and state what
their interest is. If there are no others, write "NONE".)
HAVE YOU EXHAUSTED ALL EFFORTS TO COLLECT FROM ANY OTHER INSURANCE
COVERAGE AVAILABLE TO YOU ON THIS LOSS, including Uninsured Motorist,
Medical Pay, PIP and Collisi~~? YES (,) '.. .. . NO ( )
That the above account is TaUE and CORRECT and \10 'part "<6f the amount
claimed due has been paid.
.. .
CLAtMANT
SUBSCRIBED AND SWORN TO BEFORE ME, this the
day of
198 .
, , ':~
NOTARY PUBLIC
The Receiver is governed by Article 21.28 of the Texas Insurance Code in
all matters of procedure. BY COURT ORDER, CLAIMS MUST BE FILED ON OR BEFORE
DECEMBER 7, 1987.
(See Further Information on Reverse Side)
1 .
I CLAIM fILING INFORMATION I
If the company ia ~".b'.4 c~ you, fill in all applicable spaces on the
of this form, ailn ch, f.~ b.fo~. . notary public, who will also sign
his seal, and th.n .... C.. fora vith aupportinl evidence attached to:
..'
reverse side
it and affix
JAMBS T. ODtORl'E, RECEIVER
Cl.l.. Division
P.O. lox 16619
Au,tin, T.x.. 78761
2. The followinS ,~..f.f ,II. .....tcl.1Md clu. will be required for the respective
types of 10.....
COLLISION: PIOPIa'I"Y DMIlCIa CONPURDSIVl: At l.ast two repair estimates or the
"PAID" bills c.".r.....'.p.l'.,.
BODILY INJURY. p~ IJJQaY PROfI~IO.: Current narrative medical reports,
Medical expena.'....,...... .,.t.....C..oclptoof of 10s8 of time.
OUTSTANDING CHEC:I8 .....me !h. OllGllAL check or draft.
OTHER CLAIMS; SSM1... .....ua~. ,r~f.
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3. To reduce ex,..... eM ~1.... f...t. _t .clmovl.dled, and notice of the Receiver's
decision on a cl.~ t. at... OILY If th. clata i8 rejected in whole or in part.
, , '
4. If your clat. ,. a .CIVIIID loa.el.ta, fu", for its payment in the amount approved by
the Receive, v111~. .... ...tlable uncl.r tbe provisions of Art. 21.28-C of the
Insurance Cod. .t T.....,~.. the Toxa. Property and Casualty Guaranty Act.
5.' If you chan.o you~ ...,... 10U ~.t DO~lfythe Receiver in writing.
6. BY COURT ORDlll. C~DIS MUS1"1I nLID O~ 01\ BEFORE DECEMBER 7, 1987
L/POC