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BILL LOCKYER
Attorney General of the State of California
RANDALL P. BORCHERDING
Supervising Deputy Attorney General
JULIAN O. STANDEN
Deputy Attorney General
State Bar No. 51637
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: (415) 703-5535
Fax: (415) 703-5480
Attorneys for Applicant Insurance Commissioner of
the State of California
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
INSURANCE COMMISSIONER OF THE STATE
OF CALIFORNIA,
Applicant,
v.
PREMIER ALLIANCE INSURANCE COMPANY
Respondent.
Case No. 958449
DECLARATION BY ROBERT
FERNANDEZ RE
COMPLIANCE WITH THE
FINAL REPORT AND
ACCOUNT OF LIQUIDATOR
I, ROBERT FERNANDEZ, declare:
I am an Estate Trust Officer ("ETO") in the California Insurance Commissioner's Conservation & Liquidation Office ("CLO"). If called upon to testify, I could competently testify to the following facts as they are personally known to me, except as to those matters stated on information and belief, and as to those matters, I believe them to be true. 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 and believe that the statements based upon that information are true.
My duties include managing and supervising the administration of insurance companies conserved and liquidated by the Insurance Commissioner for the CLO. I have held this position for eleven years. I make this Declaration in my official capacity as an ETO of the CLO and as ETO for the Premier Alliance Insurance Company ("Premier Alliance") in liquidation.
On November 30, 2005, this Court entered its "Order (1) Settling and Approving Final Report and Account of Liquidator; (2) Approving Final Distribution of Assets; (3) Terminating Proceedings; and 4) Discharging Liquidator" ("Order") with regard to Premier Alliance.
Pursuant to paragraph 2 of the Order, on December 15, 2005, wire transfers and checks of immediately available funds in the total amount of $42,709,557 from the Premier Alliance estate were sent by the Liquidator to approved claimants as follows: 1) the California Insurance Guarantee Association; 2) 32 other insurance guarantee associations; 3) approved non -Insurance Guarantee Association claims and; 4) interest on approved claims paid at the legal rate of 10%. All approved claimants received 100% of their claim amounts, plus interest.
The Liquidator retained $ 110,454.84 from the Premier Alliance estate prior to making the payments described in paragraph 4 above for payment of administrative expenses incurred after April 30, 2005 with respect to the Premier Alliance estate as set forth in paragraph 15 of the Final Report and Account of Insurance Commissioner, etc. filed in this action on October 28, 2005.
The Order provided that the Commissioner shall be discharged as Liquidator of the Premier Alliance estate upon the filing of a declaration that he distributed the assets in accordance with the terms of the Order. As set forth in paragraphs 1 - 5 above, the Commissioner has transferred all residual assets of the estate and has taken all action necessary pursuant to the terms of the Order, and the estate will be finally closed concurrent with 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 5 day of July, 2006, at San Francisco, California.
Robert Fernandez
Estate Trust Officer for Premier Alliance
DECLARATION OF SERVICE BY U.S. MAIL
Case Name:
Insurance Commissioner of the State of California v. Premier Alliance
Insurance Company
San Francisco County Superior Court, Case No.: 958449
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 and 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 July 6. 2006, I served the attached
Declaration by Robert Fernandez Re Compliance with the Final Report and
Account of Liquidator
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 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows:
See attached Service 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 July 6, 2006, at San Francisco, California.
Emily Aquino
Declarant
Signature
Betty S. Davis
Michael E. Surguine
Executive Director
Executive Director
Alabama Insurance Guaranty Association
Arizona Insurance Guaranty Funds
2020 Canyon Road, Suite 200
1110 West Washington, Suite 270
Birmingham, AL 35216
Phoenix, AZ 85007
Steve A. Uhrynowycz, Esq.
Lawrence E. Mulryan
Administrator
Executive Director
Arkansas Property & Casualty Guaranty Fund
California Insurance Guarantee Association
1023 West Capitol Avenue, Suite 2
700 North Brand Boulevard, #1400
Little Rock, AR 72201
Glendale, CA 91203
David Edwards
Paul M. Guiko, Esquire
President
President
Colorado -Western Guaranty Fund Services
District of Columbia -Guaranty Fund Management Services
