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EDMUND G. BROWN JR.
Attorney General
W. DEAN FREEMAN
Supervising Deputy Attorney General
FELIX E. LEATHERWOOD
Supervising Deputy Attorney General
LISA W. CHAO, State Bar No. 198536
Deputy Attorney General
300 South Spring Street, Room 1702
Los Angeles, California 90013
Telephone: (213) 897-2481
Fax: (213) 897-5775
Attorneys for Applicant Insurance Commissioner
of the State of California, in his capacity as
Liquidator of Western Growers Insurance Company
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
INSURANCE COMMISSIONER OF THE
STATE OF CALIFORNIA, |
Applicant, |
v. |
WESTERN GROWERS INSURANCE
COMPANY,
|
Respondent.
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|
CASE NO. 03CC01758
DECLARATION OF COMPLIANCE
BY INSURANCE COMMISSIONER
AS LIQUIDATOR OF WESTERN
GROWERS INSURANCE COMPANY
Dept: C31
Judge: Hon. Frederick P. Horn
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|
I, Scott Pearce, declare:
- I am employed as a Senior Estate Trust Officer by the Insurance Commissioner of the State of California’s Conservation & Liquidation Office ("CLO"), and have served as the estate trust officer for the liquidation estate of Western Growers Insurance Company ("Western Growers") since February 2003. I know the following of my own knowledge and could and would competently testify there if called upon to do so.
- I am responsible for the management of financially impaired or insolvent insurance companies (referred to as "estates") from the time of conservation or liquidation until the court has discharged the Insurance Commissioner of his or her duties as Conservator or Liquidator. I serve as a fiduciary, and in this capacity, I lead and direct a support team consisting of individuals who work in the areas of Accounting, Claims, Reinsurance, Legal, Finance, Information Technology, Human Resources, and Administration.
- On December 22, 2008, the Court entered the Order (1) Approving Final Report and Account of the Liquidator of Western Growers Insurance Company; (2) Authorizing Disbursement of Funds; (3) Approving Payment of Expenses; and (4) Terminating Liquidation Proceeding and Discharging Insurance Commissioner as Liquidator ("Order").
- The Order provided that the Insurance Commissioner shall be discharged as the liquidator of Western Growers upon his filing of a declaration that he distributed the assets of Western in accordance with the terms of the Order. As set forth herein, the Commissioner has transferred all residual assets of Western Growers totaling $15,513,605 to the California Insurance Guarantee Association.
- The Insurance Commissioner retained $115,000 for payment of administrative and closing costs, which is an increase of the amount provided in the Court’s Order due to additional record destruction expenses.
- The Insurance Commissioner having taken all action necessary pursuant to the terms of the Order, the estate is closed concurrent with the filing of this declaration.
I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 3rd day of February, 2009, in San Francisco, California.
DECLARATION OF SERVICE BY U.S. MAIL
Case Name: Insurance Commissioner v. Western Growers Insurance Co.
No.: 03CC01758
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 February 11, 2009, I served the attached DECLARATION OF COMPLIANCE BY INSURANCE COMMISSIONER AS LIQUIDATOR OF WESTERN GROWERS INSURANCE COMMISSIONER COMPANY 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 300 South Spring Street, Suite 1702, Los Angeles, CA 90013, addressed as follows:
| C. Guerry Collins, Esq. |
Michael R. Primiano, Esq. |
| Locke Lord Bissell & Liddell LLP |
Industrial Commission of Arizona |
| 300 South Grand Ave., 8th Floor |
Legal Division |
| Los Angeles, CA 90071 |
P.O. Box 19070 |
|
Phoenix, AZ 85005-9070 |
| |
| Jasper Hempel, Esq. |
| General Counsel |
| Western Growers Association |
| 17620 Fitch Street |
| Irvine, CA 92614 |
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 February 11, 2009, at Los Angeles, California.
| Linda Richardson |
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|
| Declarant |
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Signature |
