May 28, 2004 - The Los Angeles Superior Court grants the Commissioner's motion to authorize the closing of the Ancillary liquidation as to Holland America Insurance Company.
July 29, 2004 - The Declaration of Compliance with the Order Authorizing Closing of the Holland America Ancillary Liquidation Estate was filed with the Los Angeles Superior Court.
The estate is officially closed as of this date.
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ROBERT H. NUNNALLY, Jr, SBN 134151.
Wisener*Nunnally*Gold, LLP
625 West Centerville Road, Suite 110
Garland, Texas 75041
(972) 840-9080
Attorneys for Insurance Commissioner
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
JOHN GARAMENDI, Insurance
Commissioner of the State of California,
Applicant,
vs.
MISSION INSURANCE COMPANY, a
California corporation,
Respondent.
Consolidated with Case Numbers
C 576 324; C 576 416;
C 576 323; C 576 325; C 629709
Case No.: C 572 724
ORDER TO AUTHORIZE
THE CLOSING OF THE ANCILLARY
LIQUIDATION AS TO HOLLAND
AMERICA INSURANCE COMPANY
Honorable J. Stephen Czuleger
Department: 50
Action Filed: October 31, 1985
Hearing Date: May 28, 2004
Time: 8:30 a.m.
On the 28th day of May, 2004,the Court heard and considered the motion filed by the Insurance Commissioner which seeks an order which
authorizes the closure of the ancillary liquidation of Holland-America Insurance Company;
discharges the Insurance Commissioner as ancillary liquidator, and
enjoins all future claims against the ancillary liquidator, while directing all further questions and concerns be directed to the Missouri Insurance Director as trustee of Holland-America Insurance Company.
Notice was given to the service list of the hearing on the motion. No opposition was filed to the motion. The Court GRANTS the Motion, and rules that:
The Insurance Commissioner may close the ancillary receivership for Holland-America Insurance Company.
The Insurance Commissioner may take such steps as he deems appropriate, pursuant to law, to accomplish the closing, including expenditure of the funds in the budget for the closing attached to the Motion.
The Insurance Commissioner is authorized to transmit any funds after payment or reserve of expenditures necessary to closing to the Missouri domiciliary receiver of Holland-America Insurance Company.
The Insurance Commissioner shall file a declaration as to the disbursement of such funds with the Court within sixty days of this Order.
Upon the filing of the Declaration, the Insurance Commissioner shall be DISCHARGED as ancillary liquidator, and no claims shall lie against him in his official or personal capacity as ancillary liquidator of Holland-America Insurance Company.
This Court issues a permanent injunction pursuant to Insurance Code Section 1020 against any party bringing suit in California against Holland-America Insurance Company, the Insurance Commissioner as to Holland-America Insurance Company and instead directs that any claim, if any, should be directed to the Missouri court handling the domiciliary receivership of Holland-America Insurance Company.
This Order is intended to, subject only to the filing of the Declaration specified herein, wind up and dispose of all issues regarding the closing of the ancillary estate of Holland-America Insurance Company.
Signed this 4 day of June, 2004.
J. STEPHEN CZULEGER
Judge of the Superior Court
Approved:
Wisener * Nunflally * Gold, L.L.P.
Robert Nunnally, Jr.
Attorneys for the Insurance Commissioner
PROOF OF SERVICE: By Mail
(Code Civ. Proc., §§ 1013, 2015.5)
STATE OF TEXAS, COUNTY OF DALLAS.
I am employed in the County of Dallas, State of Texas. I am over the age of 18 and not a party to the within action; my business address is 625 West Centerville Road, Suite 110, Street, Garland, Texas 75041
On this date, I served the foregoing documents described [PROPOSED] Order To Authorize The Closing Of The Ancillary Liquidation As To Holland-America Insurance Company by placing a copy thereof enclosed in sealed envelopes addressed as follows:
See Attached Exhibit "A"
I am readily familiar with my employer's practices of collection and processing correspondence for mailing with the United States Postal Service and the above-referenced correspondence will be deposited with the United States Postal Service on the same date as stated above, following ordinary course of business.
