Miami-Based First Commercial Insurance Company Ordered Into Liquidation; Policies To Be Canceled Effective September 23

The Florida Department of Financial Services (“DFS”) reported today, August 26, 2009, that Leon County Circuit Court Judge Charles A. Francis has ordered Miami-based First Commercial Insurance Company (“FCIC”) and its wholly owned subsidiary, First Commercial Transportation and Property Insurance Company (“FCTPIC”), into liquidation.

In its press release (reprinted below), the DFS urges Floridians who have property insurance coverage through FCIC or FCTPIC to immediately contact their insurance agent for assistance in securing alternative coverage.  With the exception of automobile service warranty policies, all policies will be canceled effective 12:01 a.m. on September 23, 2009.

Should you have any questions or comments, please contact Colodny Fass.

First Commercial Insurance Company and Subsidiary Ordered Into Liquidation

Policyholders with Property Coverage Encouraged to Review Policies, Secure New Coverage  

TALLAHASSEE-Leon County Circuit Court Judge Charles A. Francis has ordered Miami-based First Commercial Insurance Company (“FCIC”) and its wholly owned subsidiary, First Commercial Transportation and Property Insurance Company (“FCTPIC”), into liquidation.  The Florida Department of Financial Services has acted as the appointed receiver of both FCIC and FCTPIC since July 10, 2009, when the companies consented to be placed in receivership for the purpose of rehabilitation.  

Floridians who have property insurance with FCIC should immediately contact their insurance agent to secure coverage with a new company.  All questions relating to current FCIC and FCTPIC policy and coverage issues should be directed to FCIC/FCTPIC’s customer service department at (866) 570-2184 until September 23, 2009.  

FCIC wrote workers’ compensation, commercial auto, general liability and commercial multi-peril insurance policies in Florida and Georgia. FCTPIC wrote commercial auto insurance coverage in Florida. Together, the companies have approximately 18,000 in-force policies. The liquidation orders and other related information can be found at http://www.myfloridacfo.com/Receiver/.  

“Given that this liquidation order comes in the middle of hurricane season, it is imperative that consumers who have property insurance with First Commercial immediately contact their agents to secure new coverage,” said Florida CFO Alex Sink.  “Our department will continue working diligently to help make the transition as smooth as possible for Floridians.”  

After appointment as receiver, the Department of Financial Services discovered that FCIC sold over 2,000 automobile service warranty policies that were not reflected in the company’s books, records and financial statements. The department is investigating this matter further.  By Court Order, all automobile service warranty policies written by FCIC were cancelled as of August 24, 2009, the date of liquidation.  

With the exception of the automobile service warranty policies, all policies are cancelled effective 12:01 a.m. on September 23, 2009, unless otherwise terminated prior to that date.  This includes approximately 550 commercial auto insurance coverage or “for hire” insurance policies written by FCTPIC and approximately 100 in-force policies written by FCIC for Georgia policyholders.

The department recommends that policyholders take the following steps based on the different types of policies issued by FCTPIC and FCIC:

• Workers’ compensation policies are covered by the Florida Workers’ Compensation Insurance Guaranty Association.  The number to check on the status of an existing claim is 1-800-444-9098, extension 531, and the number to file a First Notice of Injury is 407-352-5788 or via email at claimreporting@usis-tpa.com. Additional general information is available at www.fwciga.org.
• Property and casualty insurance policies are covered by the Florida Insurance Guaranty Association.  Florida claimants can check on the status of an existing claim by calling 1-866-928-4310 or file a new claim by contacting their agent. Florida policyholders with property and casualty policies will be able to place unearned premium claims with FIGA after the department completes its processing of the policy records and sends the unearned premium records to FIGA. Claims of Georgia policyholders may be covered by the Georgia Insurers Insolvency Pool which may be reached at (770) 621-9835.
• Policyholders who want to file a claim in the receivership estate for amounts not covered by a guaranty association will need to do so before the claims filing deadline.  The deadline for filing claims in the FCIC/FCTPIC receiverships is 11:59 p.m. on August 17, 2010.