June 25, 2004 - The Los Angeles Superior Court grants the Commissioner's motion to set section 1025 liquidation date for general creditor and other non-policyholder claims for distribution. All contingent and unliquidated claims of those who are not entitled to policyholder or administrative priority must be liquidated and made certain by August 02, 2004.
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.
ROBERT H. NUNNALLY, JR. SBN 134151
WISENER*NUNNALLY*GOLD, LLP
625 WEST CENTERVILLE ROAD, SUITE 110
GARLAND, TEXAS 75041
(972) 485-9080
(972) 840-6575
Superior Court of the State of California
County of Los Angeles
JOHN GARAMENDI, INSURANCE
COMMISSIONER OF THE STATE OF
CALIFORNIA,
PETITIONER,
vs.
MISSION INSURANCE COMPANY ET AL,
RESPONDENT
Case No.: C 572 724
ORDER GRANTING MOTION TO
SET SECTION 1025 LIQUIDATION DATE FOR
GENERAL CREDITOR AND OTHER NON-
POLICYHOLDER CLAIMS FOR DISTRIBUTION
Date: June 25, 2004
Time: 8:30 a.m.
Department 50
CONSOLIDATED WITH CASE NUMBERS
C 576 324, C 576 416
C 576 323, C 576 325, C 629 709
On the 25th day of June, 2004, this Court considered the Motion filed by the Insurance Commissioner as Trustee to set the Section 1025 date by which all general creditor and other non-policyholder claims shall be set pursuant to California Insurance Code Section 1025. The Court considered the opposition filed by Odyssey Reinsurance Company and Protective Insurance Company to the motion. Rulings on any evidentiary objections are as set forth in the record of the hearing. The Court finds that, notice having been given, the Motion is GRANTED. The final date for the liquidation of claims of general creditors and other parties whose claims are not entitled to the priority entitled to policyholders or administrative expenses shall be AUGUST 2, 2004. This order does not modify the deadline for insureds, third party claimants and guaranty associations whose claims are entitled to policyholder priority, for whom the deadline for liquidation remains December 31, 2003 as previously set by this Court's order.
The Court finds that all contingent and unliquidated claims of those who are not entitled to policyholder or administrative priority (Class One and Five under the 1987 version of Section 1033 of the California Insurance Code) must be liquidated and made certain within the meaning of California Insurance Code Section 1025 by AUGUST 2, 2004.