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BILL LOCKYER
Attorney General of the State of California
RANDALL P. BORCHERDING
Supervising Deputy Attorney General
State Bar No. 52237
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: (415) 703-5509
Fax: (415)703-5480
Attorneys for Applicant, John Garamendi, Insurance
Commissioner of the State of California as
Conservator of Trico Title Company
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
INSURANCE COMMISSIONER OF THE
STATE OF CALIFORNIA,
Applicant,
v.
TRICO TITLE COMPANY, a California
Corporation,
Respondent.
Case No. 972954
[PROPOSED] ORDER FOR (1)
SETTLING AND APPROVING
REPORT AND ACCOUNT OF
CONSERVATOR FROM AUGUST
18,1994 TO DECEMBER 31, 2003;
(2) TERMINATING
CONSERVATION PROCEEDINGS
AND DISCHARGING
CONSERVATOR; (3)
APPOINTING APPLICANT AS
LIQUIDATOR OF TRICO TITLE
COMPANY SOLELY FOR THE
PURPOSE OF GIVING THE
NOTICES REQUIRED BY
INSURANCE CODE SECTIONS
1021(c)(2) AND 1022; (4)
AUTHORIZING THE APPLICANT
TO FORGO FURTHER CLAIMS
PROCEDURES; (5) DISSOLVING
TRICO; AND (6) TERMINATING
THESE PROCEEDINGS
Hearing Date:
May 4, 2004
Time:
9:30 am
Dept:
302
The Court having read and considered the Insurance Commissioner's Verified Application for Orders (1) Settling and Approving Report and Account of Conservator from August 18, 1994 to December 31, 2003; (2) Terminating Conservation Proceedings and Discharging Conservator; (3) Appointing Applicant as Liquidator of Trico Title Company Solely for the Purpose of Giving the Notices Required by Insurance Code Sections 1021(c)(2) and 1022; (4) Authorizing the Applicant to Forgo Further Claims Procedures; (5) Dissolving Trico; and (6) Terminating These Proceedings, with supporting financial statements and the Declaration of Susanne Twomey, and good cause appearing, hereby makes the following order:
IT IS ORDERED:
That the Report and Account of Conservator for the period August 18, 1994 through December 31, 2003 is settled and approved.
That Applicant's status as Conservator is terminated and applicant Insurance Commissioner is appointed Liquidator of Trico Title Company, as prescribed by section 1016 of the Insurance Code, solely for the following purposes:
Publishing the notice required by Insurance Code Sections 1021 (c)(2) and 1022 (publication in the counties of Alameda, Los Angeles, Sacramento, San Diego, San Francisco, Santa Clara, and Santa Barbara) informing all interested parties that there will be no claims procedure and the liquidation estate is closed;
That all records of Trico Title Company be maintained for three years from the date of this order and thereafter the Applicant is authorized to destroy all records of Trico Title Company, except for those records necessary for examination by the Department of Finance, or other auditor of the Commissioner's books and records pursuant to Insurance Code section 1061;
That all returned uncashed distribution funds be escheated to the California State Controller after the six-month escheat period, after July 1, 2004;
That this proceeding be dismissed upon the Commissioner's filing of a Declaration of Compliance reflecting that the Commissioner has complied with the terms of this Court's Order.
That on the filing of the Declaration of Compliance, the Commissioner, the Conservator and Liquidator, is discharged having no liability, acting in any capacity, to any person arising, occurring or relating to his activities prior to, or during, his conservation and liquidation of Trico Title Company;
That the payment of the administrative expenses of the estate is approved to be paid from the Insurance Fund,
That Trico is dissolved pursuant to Insurance Code section 1017.
Dated: MAY 04 2004
RONALD EVANS QUIDACHAY
Judge of the Superior Court