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BILL LOCKYER, Attorney General
of the State of California
GREGORY S. PRICE, State Bar No. 4578
Deputy Attorney General
110 West A Street
San Diego, California 92101
Telephone: (619) 645-2600
Fax:(619) 645-2489
Attorneys for Applicant, Insurance
Commissioner of the State of California
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.
Case No. 217529
AMENDED DECLARATION OF
COMPLIANCE BY INSURANCE
COMMISSIONER AS LIQUIDATOR OF
WESTERN CARRIERS INSURANCE
EXCHANGE and WESTERN CARRIERS
UNDERWRITERS, its Attorney-in-Fact
Dept:
S9
Hon. Leroy A. Simmons
I, FRED A. BUCK, declare:
I am the Acting Chief Executive Officer of the Conservation and Liquidation Office ("CLO") and am a Special Deputy Insurance Commissioner. The statements contained in this declaration are not all within my personal knowledge and I am informed that no single officer of the CLO has personal knowledge of all these matters. The statements herein are based on information assembled by authorized employees of the CLO, and I am informed that the statements based upon that information are true. As to those matters that are within my own personal knowledge, the statements are true. If called upon as a witness, I would testify as set forth herein.
I am responsible for the supervision and management of the all matters pertaining to all companies for which the Insurance Commissioner has been appointed as conservator or liquidator and which are managed by the CLO, including but not limited to supervision and management by the CLO's financial, investment, accounting, claims, and reinsurance departments and personnel.
I have overall custody and control of the CLO's files and records pertaining to all estates in conservation and liquidation, including the files and records pertaining to Western Carriers Insurance Exchange and Western Carriers Underwriters, its attorney-in-fact and am responsible for the maintenance of such files an records in the ordinary course of business. I am familiar with the business and record keeping practices of the CLO.
As Acting Chief Executive Officer of the CLO, I am responsible for all claims, financial, investment, accounting, tax, actuarial, and reinsurance matters pertaining to the liquidation of Western Carriers Insurance Exchange and Western Carriers Underwriters, its attorney-in-fact and am responsible for the manner in which the Western Carriers Insurance Exchange and Western Carriers Underwriters, its attorney-in-fact estate will be concluded.
On August 5, 2002, this Court entered its Order: (1) Settling and Approving Report and Account of Conservator and Liquidator from April 27, 1983 to March 31, 2002; (2) Authorizing Distribution to Claimants; and (3) Terminating Proceeding and Discharging Applicant as Liquidator (the "Order").
On August 16, 2002, pursuant to paragraph 2 of the Order, wire transfers were made to the Idaho Guarantee Association in the amount of $5,767 and to the California Insurance Guarantee Association in the amount of $7,519,231.
On September 6, 2002, pursuant to paragraph 2 of the Order, wire transfers of funds derived from investment activity were made to the Idaho Guarantee Association in the amount of $166.04 and to the California Insurance Guarantee Association in the amount of $216,488.96.
On March 6, 2003, also pursuant to paragraph 2 of the Order, the CLO mailed the remaining funds derived from investment activity to the Idaho Guarantee Association in the amount of $89.52 and to the California Insurance Guarantee Association in the amount of $116,730.24
The Order provided that the Commissioner shall be discharged as Conservator and Liquidator of the Western Carriers Insurance Exchange and Western Carriers Underwriters, its attorney-in-fact estates upon the filing of the declaration that he distributed the assets of the Western Carriers Insurance Exchange and Western Carriers Underwriters, its attorney-in-fact etstates in accordance wit the terms of the order. As set forth herein, the Commissioner has transferred all residual assets of Western Carriers Insurance Exchange and Western Carriers Underwriters, its attorney-in-fact and has taken all action necessary pursuant to the terms of the Order, the estate is therefore closed upon the filing of this declaration.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this 1ST day of April 2003, at San Francisco, California.
FRED A. BUCK
Special Deputy Insurance Commissioner
Dated: March 14, 2003
Respectfully submitted,
BILL LOCKYER
Attorney General of the State of California
GREGORY S. PRICE
Deputy Attorney General
Attorneys for Applicant, Insurance Commissioner
of the State of California
DECLARATION OF SERVICE BY U.S. MAIL
Case Name:
INSURANCE COMMISSIONER OF THE STATE OF CALIFORNIA v.
WESTERN CARRIERS INSURANCE EXCHANGE, et al.
Case Number:
San Bernardino Superior Court Case No. 217529
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business.
On April 2, 2003, I served the attached
AMENDED DECLARATION OF COMPLIANCE BY INSURANCE
COMMISSIONER AS LIQUIDATOR OF WESTERN CARRIERS
INSURANCE EXCHANGE and WESTERN CARRIERS UNDERWRITER, its
Attorney-in-Fact
by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 110 West "A" Street, Suite 1100, P.O. Box 85266, San Diego, CA 92186-5266, addressed as follows:
SEE ATTACHED MAILING LIST
I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on April 2, 2003, at San Diego, California,
JOY NAGAL
SERVICE LIST
Case Name:
INSURANCE COMMISSIONER OF THE STATE OF CALIFORNIA v.
WESTERN CARRIERS INSURANCE EXCHANGE, et al.
Case Number:
San Bernardino Superior Court Case No. 217529
BANK OF REDLANDS
200 E. CITRUS
REDLANDS, CA 92373
LAWRENCE MULRYAN, EXECUTIVE DIRECTOR
CALIFORNIA INSURANCE GUARANTEE ASSOC.
P.0. BOX 17319
BEVERLY HILLS, CA 90209
W. W. KENNELL, ADMINISTRATOR
OREGON INSURANCE GUARANTY ASSOC.
10700 SW BEAVERTON HIGHWAY, SUITE 426
BEAVERTON, OR 97005
IDAHO INSURANCE GUARANTY ASSOC.
c/o WESTERN GUARANTY FUND SERVICES
1720 S. BELLAIRE STREET, SUITE 408
DENVER, CO 80222
DON W. BEALL, PRESIDENT
WESTERN CARRIERS INSURANCE EXCHANGE
c/o BEALL & ASSOCIATES, INC.
164 HOSPITALITY LANE
SAN BERNARDINO, CA 92408
*SCOTT PEARCE, ESTATE TRUST MANAGER
CALIFORNIA DEPARTMENT OF INSURANCE
CONSERVATION AND LIQUIDATION OFFICE
425 MARKET STREET, 23RD FLOOR
SAN FRANCISCO, CA 94105
*ELENA ASTURIAS, ESQ., STAFF COUNSEL
CALIFORNIA DEPARTMENT OF INSURANCE
45 FREMONT ST., 21ST FLOOR
SAN FRANCISCO, CA 94105