A "scanned" copy of the original court document is available in PDF format (see above PDF icon link). In compliance with the American Disability Act, an alternate version is available below, in HTML format, suitable for text browsers and screen readers. While this HTML version was produced using OCR (Optical Character Recognition) software, then manually edited and verified, no responsibility is assumed for any error, omission, or inaccuracy. Please contact webmaster@caclo.org to report any errors or accessibility problems. For a true copy of the court document, please refer to the PDF version.
JOHN K. VAN DE KAMP, Attorney General
of the State of California
ARTHUR C. DE GOEDE,
Assistant Attorney General
EDMOND B. MAMER,
Deputy Attorney General
3580 Wilshire Boulevard
Los Angeles, California 90010
Telephone: (213) 736-2025
Attorneys for Applicant
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
INSURANCE COMMISSIONER OF
THE STATE OF CALIFORNIA,
Applicant,
v.
WESTERN CARRIERS INSURANCE
EXCHANGE and WESTERN CARRIERS
UNDERWRITERS, its Attorney-in-
Fact,
Respondents.
No. 217529
ORDER APPOINTING LIQUIDATOR
AND RESTRAINING ORDER
The verified Application for Order of Liquidation of respondents Western Carriers Insurance Exchange and Western Carriers Underwriters came on regularly for hearing on May 12, 1983, in Department 6 at 8:30 a.m., the Honorable Bob N. Kruq, judge presiding, applicant appeared by his councel John K. Van De Kamp, Attorney General of the State of California, by Edmond B. Mamer, Deputy Attorney General, there was no other appearance.
IT IS HEREBY ORDERED THAT:
The Insurance Commissioner of the State of California is appointed in his official capacity as liquidator of respondents Western Carriers Insurance Exchange and Western Carriers Underwriters, its attorney-in-fact, and directed to liquidate and wind up the affairs of respondents in California and to act in all ways and exercise all powers necessary for the purpose of carrying out such order;
Title to all assets of respondents now in the possession of the Insurance Commissioner as conservator hereof, as well as title to any assets of said respondents discovered hereafter is hereby vested in said liquidator;
Said liquidator, as such, is hereby authorized to pay as expenses of administration all expenses heretofore incurred by the conservator of respondents and presently unpaid and is hereby authorized to pay the full amount of any checks or drafts which have been issued by the conservator of respondents and which are presently outstanding and unpaid, when said checks or drafts are presented for payment;
The rights and liabilities of creditors, policyholders, shareholders, and all other persons interested in the assets of respondents, including the State of California, be fixed as of the date of the order herein;
Respondents and their officers, directors, agents and employees and all other persons are hereby enjoined and restrained from transacting any of the business of respondents in California or the disposition of any of its assets or property;
All persons are hereby enjoined and restrained from interference with the possession, title and rights of applicant as liquidator, in and to the assets of respondents, and from interference with the conduct of the liquidation and winding up of the business of respondents;
All persons are hereby enjoined from the waste of assets of respondents;
All persons are hereby enjoined from instituting or prosecuting any action or proceedings against respondents, or applicant as liquidator of respondents, without the consent of this court obtained after reasonable notice to said liquidator;
All persons are hereby enjoined from obtaining preferences, judgments, attachments or other liens, or making any levy against respondents or its assets without the consent of this court obtained after reasonable notice to said liquidator;
All officers, directors, agents and employees of respondents are hereby ordered to deliver to said liquidator all assets, books, records, equipment and other property of said respondents;
All funds and bank accounts in the name of respondents, or applicant as conservator are hereby vested in said liquidator and said funds shall be subject to withdrawal from said banks upon the order of said liquidator only;
All insurance agents and brokers are hereby ordered to account to the liquidator of respondents for all funds of respondents held by them in their fiduciary capacity, as specified in sections 1733, 1734 and 1735 of the Insurance Code, or due to respondents, and directed to forward said funds to applicant as liquidator and said funds are vested in applicant as liquidator; and
Said liquidator is hereby authorized to initiate such equitable or legal actions or proceedings in this or other states as may appear to him necessary to carry out his functions as liquidator.