ROBERT H. NUNNALLY, JR.
On the 16th day of April, 2004, the Court considered the Insurance Commissioner's Motion to Authorize Closing Procedure for Enterprise Insurance Company. Notice of this motion was given to the service list and to the list of interested parties.
The Court finds that no opposition was filed to this order. The Court finds that the requested relief is not an abuse of discretion, and further is in the best interests of the estate. The Court accordingly GRANTS the motion. The Court authorizes the payment of an interim distribution to approved policyholder class claims, to bring their distribution percentage to fifty eight percent.
The Court also sets the date of
Sept 24, 2004, as the hour of 8:30 a.m., as the hearing date on closing for Enterprise Insurance Company Trust. The Court at that time will consider issuing an order to:
- settle the final accounts of the Insurance Commissioner and discharge the Insurance Commissioner as Trustee and as Liquidator;
- settle and approve the final accounting of the Insurance Commissioner;
- affirm the distribution of Danielson shares pro rata to all policyholders and creditors;
- authorize the closing of the Enterprise Insurance Company estate, subject to this Court's continuing jurisdiction should further unanticipated collections be received after the date of closing, which will necessitate a further distribution;
- authorize the Mission Insurance Company Trust and Mission National Insurance Company to make any future distributions on general creditor proof of claims to be made directly to the Enterprise Insurance Company Trust claimants.
- take such steps as are necessary and proper to close the Enterprise Insurance Company Trust.
- consider such orders as to the timing of the final closing as may be appropriate;
- discharge the Liquidator and Trustee;
- authorize the Trustee to maintain the records of Enterprise Insurance Company Trust for three years, after which such records may be destroyed in the Trustee's discretion;
- order that the Trustee and Liquidator shall have no liability of any kind or nature arising from the activities prior to or during the liquidation of Enteprise Insurance Company and the Enterprise Insurance Company Trust.
The Court hereby sets the deadline for any oppositions to be filed forty days prior to the final hearing date, and any replies by the Insurance Commissioner to be filed fourteen days prior to the final hearing date, with a copy served upon the service list.