Robert H. Nunnally, Jr, SNB 134151.
Wisener*Nunnally, LLP
625 West Centerville Road, Suite 110
Garland, Texas 75041
(972) 485-5065
TO ALL POLICYHOLDERS CREDITORS, INSURANCES GUARANTY ASSOCIATIONS, AND OTHER PERSONS AND ENTITES INTERESTED IN MISSION INSURANCE COMPANY, MISSION NATIONAL INSURANCE COMPANY, ENTERPRISE INSURANCE COMPANY, THE MISSION INSURANCE COMPANY TRUST, MISSION NATIONAL INSURANCE COMPANY TRUST AND ENTERPRISE INSURANCE COMPANY TRUST (collectively the "Mission trusts"), OR THEIR ASSETS:
PLEASE TAKE NOTICE THAT:
The Insurance Commissioner hereby amends his Notice of Motion as follows:
On April 4, 2003, at the hour of 8:30 a.m, or as soon thereafter as the matter may be heard, the Insurance Commissioner, in his capacity as Trustee of the Mission Insurance Company Trust, the Mission National Insurance Company Trust, and the Enterprise Insurance Company Trust, shall apply to the Superior Court for the County of Los Angeles, Department 50, for an order approving a Proposed Fourth Interim Distribution to holders of approved claims under California Insurance Code Section 1033(a)(1) and 1033(a)(2). This notice is amended because no early access distribution to guaranty associations is sought. The motion shall be supported by the Declaration of Mohsen Sultan and Brian Pagragan, as well as the Memorandum of Points and Authorities filed with the Court with this motion.
- The Fourth Interim Distribution to policyholders and other class 2 claimants shall be as follows: 67% of their approved claims from the Mission Insurance Company Trust, 75.7% of their approved claims from the Mission National Insurance Company Trust and 49.4% of their approved claims from the Enterprise Insurance Company Trust.
The Commissioner will ask the Court to grant the authority to enter into such agreements, set a "record date" by which claims must be approved in order to sharein the distribution, execute such documents, and make such disbursements as are necessary to effectuate this distribution of assets as set forth herein.
WHEREFORE, ON PREMISES CONSIDERED, the Insurance Commissioner requests that the proposal set forth herein be approved, and all other just and equitable relief.