PLEASE TAKE NOTICE THAT ON THE 30^th day of June, 2006, at the hour of 8:30 a.m., or as soon thereafter as the matter may be heard, John Garamendi, Insurance Commissioner of the State of California, in his capacity as Trustee of the Enterprise Insurance Company Trust, will appear before Department 50 of the Superior Court of Los Angeles County, California, and present a Motion to Re-open Proceedings on Enterprise Insurance Company Trust for the limited purpose of further distribution, and would show:

1. On April 16, 2004, the Court entered its Order Which Authorizes Closing Procedures for Enterprise Insurance Company Trust (the Closing Procedure Order).
2. On September 24, 2004, the Court entered its Order Which Authorizes Distribution and Closure of Enterprise Insurance Company Trust (the Closing Order).
3. The Closing Procedure Order contemplated in part (d) that there might be a need to re-open the estate, and therefore, provided for a closing of the estate "subject to this Court's continuing jurisdiction should further unanticipated collections be received after the date of closing, which will necessitate a further distribution."
4. Similarly, the Closing Order provides in part (d):

   Upon the distribution of the remaining assets and shares, as set forth above, this Court authorizes the closing of the Enterprise Insurance Company estate, subject to this Court's continuing jurisdiction should further unanticipated collections be received after the date of closing, or funds remin in ths trust, which will necessitate a further distribution. This Court retains jurisdiction in the event that the case should be re-opened for further distributions, but otherwise the case shall be administered as closed.

5. The Commissioner is receiving from the California Insurance Guarantee Association (CIGA) money that is in excess of the claim of CIGA in this estate, after allowing for all offsets and credits. It is necessary that the estate be re-opened so that the Court can consider a motion from the Commissioner to distribute these excess funds to claimants.
6. This motion is based upon California Insurance Code Sections 1011-1057, and the attached points and authorities. A Declaration of Mohsen Sultan filed with this motion provides evidence in support of this motion.
7. The relief requested by this motion is:
   1. That the Court approve the re-opening of the proceedings as to Enterprise Insurance Company Trust;
   2. That the Court approve a distribution to increase the distribution percentage on approved policyholder class claims to one hundred percent of the principal amount of such claims;
   3. That in calculating the distribution amounts, the Insurance Commissioner may take into account any distributions of shares pursuant to the rehabilitation plan, to achieve a result that is both appropriate mathematically and consistent with the plan; and
   4. That the Insurance Commissioner shall file a declaration of compliance within one hundred eighty days of the order, whereupon the proceedings will again be closed, subject to this Court's continuing jurisdiction, and the Insurance Commissioner shall be discharged as to the sums do distributed;
   5. The Court authorize the inter-company approvals as to claims against Enterprise Insurance Company Trust as set forth in the Sultan Declaration;
      and all other just and equitable relief.

Memorandum of Points and Authorities

The Insurance Commissioner's case plan resulted in concrete effort to expedite the closing of this insurance insolvency trust. This motion seeks the re-opening of the Enterprise Insurance Company Trust for the limited purpose of further distribution. The proof of claims deadline pursuant to California Insurance Code Section 1024 ran on September 12, 1987. The deadline to amend timely proofs of claim was August 18, 1995.

The first step in this process is the re-opening of the estate. This Court contemplated the need for such a re-opening and exercised continuing jurisdiction for such purpose in its Closing Procedures Order and the Closing Order.

The purpose of the re-opening is to make a distribution to policyholders to bring them up to one hundred percent of their approved claims.

The Insurance Commissioner has broad powers under California Insurance Code Section 1037, whose exercise this Court reviews only for abuse of discretion. In re Executive Life Ins. Co., (1995) 32 Cal. App. 4^th 344. The Insurance Commissioner's ultimate duty is to collect the assets and distribute them ratably among creditors. W. J. Jones & Sons v. Independence, (1942) 52 Cal. App. 2d 374. In order to fulfill this duty, the Court must re-open the estate so that the Commissioner may seek the approval of the Court as to the distribution of the funds coming into the estate from CIGA.

Conclusion

It is appropriate to re-open the proceedings on Enterprise Insurance Company Trust for the limited purpose of distributing excess funds to be received from CIGA. This Court is requested to grant this motion to begin this phase of the case.

I, Mohsen Sultan, hereby make this declaration in San Francisco, California, and affirm under penalty of perjury of the laws of the State of California that the following facts are true and correct:

1. I am Mohsen Sultan. I am over the age of eighteen years. I am competent to be a witness. I have personal knowledge of the facts to which I attest. I acquired my personal knowledge in my role as the Estate Trust Officer for the Enterprise Insurance Company Trust. I am employed by the Conservation and Liquidation Office (CLO), which assists the California Insurance Commissioner with insurance company liquidations and conservations. I am a person qualified to testify as to business records for the Enterprise Insurance Company Trust estate. The records of these estates are maintained by CLO in the ordinary course of CLO business. Regular entries are made into the records in the regular course of business. The writings are made at or near the time of the events set forth therein. The liquidation estate's distribution information's sources and derivation indicate their trustworthiness. As the Estate Trust Officer, I am qualified to attest to the records' status as business records for this estate. CLO accounting prepared the accounting records to which I attest.
2. I am, and have been since April 2002, the person at CLO responsible for overseeing the management and final wind-up of the Enterprise Insurance Company Trust, as well as the Mission Insurance Company Trust and the Mission National Insurance Company Trust.
3. Enterprise Insurance Company was placed into liquidation on February 24, 1987. The records reflect that notice was given to known policyholders and creditors for a claims bar date of September 12, 1987, and notice was published of the bar date. I am aware that numerous persons and entities filed proofs of claims, and numerous of those persons and entitles updated those claims in 1995 in conjunction with an Amended Final Liquidation Dividend Plan including affiliates of the company in liquidation.
4. Pursuant to order dated September 24, 2004, this court has approved a final distribution to approved creditors. Based on available assets, policyholder class creditors were paid 60.8773 % of their approved claim and received pro-rata share of the Danielson Holding Corporation (now called Covanta Holding Corporation) common stock based on the deficiency (unpaid portion) of their approved claim. Based on the limited assets available, general creditors received only pro-rata share of the Danielson Holding Corporation common stock.
5. On October 15, 2004, the Commissioner, in his capacity as the Trustee for Mission Insurance Company Trust, Enterprise Insurance Company Trust and Mission National Insurance Company Trust entered into an agreement with the California Insurance Guarantee Association (CIGA). This agreement reconciled the sums due to CIGA from statutory workers' compensation deposits posted by Mission Insurance Company and Mission National Insurance Company pursuant to CIC 11690 (the Deposit Statute) and in accordance with the intercompany pooling agreement. The court approved this agreement in 2004.
6. My analysis of the completed CIGA Agreement led me to conclude that the transactions contemplated in the agreement had a direct impact on all five Mission companies in liquidation, which required a further reconciliation with CIGA. Since the Commissioner has possession of all records (i.e., payment history, distributions and other accounting records, etc.), I directed the CLO Accounting staff to analyze the intercompany receivables resulting from the reconciliation and redistribution of workers' compensation claims pursuant to the agreement. The accounting work concluded on or about August 2005. Such analysis confirmed and identified the following intercompany impacts as shown in Exhibit "A." We then began a process of communicating with CIGA. CIGA agrees with the results of this reconciliation.
7. A review of intercompany transactions further led to analyzing additional receivables from CIGA associated with the redistribution of claims and corresponding shift in statutory deposit. Based on such redistribution of claims and corresponding shift in statutory deposit, CIGA owed the Enterprise Insurance Company Trust a payment of $33,720,766.00 (as of October 15, 2005) plus interest. All other amounts due to Mission Insurance Company Trust or Mission National Insurance Company Trust have been previously satisfied. The result is shown in Exhibit "B." The result of this reconciliation is that sufficient funds will be generated to permit all policyholders of Enterprise Insurance Company Trust to receive a distribution of 100% (one hundred percent) of their approved claims.
8. One other issue that we request the Court to resolve is to establish the sums due from Enterprise Insurance Company Trust to other Mission affiliates. The amounts due should be set forth on Exhibit "C" and incorporated herein by reference. These amounts are the mathematic result of the implementation of the agreement with CIGA.

I hereby execute this declaration under the penalty of perjury of the laws of the State of California in San Francisco, California, on the 5^th day of June, 2006.

I, Raymond Minehan, hereby make this declaration in San Francisco, California, and affirm under penalty of perjury of the laws of the State of California that the following facts are true and correct:

1. I am Raymond Minehan. I am over the age of eighteen years. I am competent to be a witness. I have personal knowledge of the facts to which I attest. I acquired my personal knowledge in my role as the Chief Financial Officer for the Conservation and Liquidation Office.. I am employed by the Conservation and Liquidation Office (CLO), which assists the California Insurance Commissioner with insurance company liquidations and conservations. I am a person qualified to testify as to business records for the Conservation and Liquidation Office. The records of these estates are maintained by CLO in the ordinary course of CLO business. Regular entries are made into the records in the regular course of business. The writings are made at or near the time of the events set forth therein. The liquidation estate's distribution information's sources and derivation indicate their trustworthiness.
2. I attach as Exhibit "A" the financial reports for Enterprise Insurance Company Trust, which were prepared by my department. To the best of my knowledge, Exhibit "A" is accurate.
   Based on my department's work, a further distribution to policyholder class claimants to bring them up to one hundred percent of their approved claims is appropriate.

I hereby execute this declaration under the penalty of perjury of the laws of the State of California in San Francisco, California, on the 6 day of June, 2006.