ALJDEC

98A-195-INS · Department of Insurance · 1998-12-11

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: December 17, 1998. Record reopened and closed on December 18, 1998. APPEARANCES: Frederick C. Berry, Jr., Esq. on behalf of the Petitioner ADMINISTRATIVE LAW JUDGE: Lewis D. Kowal _____________________________________________________________________

On December 17 , a hearing took place, to consider the application of Secure Life and Health Insurance Company (the "Petitioner"), to withdraw from the insurance business and for the release of its statutory deposit pursuant to A.R.S. §20-588 and A.A.C. R20-6-303. The record of this matter was reopened on December 18, 1998, to address in further detail the viability of the Petitioner’s guarantor, Secure Care of America, Inc. Based upon the entire record in this matter, the following Findings of Fact, Conclusions of Law and Recommended Order are made: FINDINGS OF FACT The Petitioner has surrendered its certificate of authority to the Arizona Department of Insurance (“Department”). The Petitioner has filed with the Department certified copies of Resolutions of the Petitioner's Board of Directors and of the Petitioner's shareholder(s) authorizing Petitioner to withdraw from the insurance business by dissolution. The Petitioner has no insurance obligations owing to it, whether by policies written direct or by reinsurance ceded to it. The Petitioner has filed its certified financial statement as of September 30, 1998 with the Department. At least 10 business days before the hearing of this matter, Petitioner special notice to creditors and policyholders of the Petitioner, setting forth the date, place, nature and purpose of the hearing, as evidenced by an affidavit of publication. Petitioner also provided individual notice by mail to its known creditors, as evidenced by an affidavit.

The Petitioner has a $100,000.00 statutory deposit with the Department and a $100.00 deposit with the Insurance Examiners’ Revolving Fund (“IERF”). Petitioner waived the notice requirements set forth in A.R.S. §41- 1092.05(D). CONCLUSIONS OF LAW The Petitioner has complied with the provisions of A.R.S. §20-588 and with A.A.C. R20-6-303, relating to the release of its $100,000.00 statutory deposit.

RECOMMENDED ORDER The Petitioner may file its Articles of Dissolution with the Arizona Corporation Commission. The Petitioner is entitled to the release of its statutory deposit in the sum of $100,000.00 and that the statutory deposit shall be released to the Petitioner after the Department has received the following: (a) a copy of Petitioner’s Articles of Dissolution certified as having been filed with the Arizona Corporation Commission; and (b) a fully executed Form E126 (Notice of Trust Deposit Release). The statutory deposit cannot be released until the Department receives a fully executed copy of the official State Treasurer Release Receipt Form E101. The sum of $100.00 previously credited to the IERF be refunded to the Petitioner, pursuant to A.R.S. §20-159. The Petitioner shall file its 1998 Annual Statement with the Department, together with all applicable fees, unless Petitioner files its Article of Dissolution with the Arizona Corporation Commission on or before December 31, 1998. Done this day, December 18, 1998.

_________________________________ Lewis D. Kowal Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 1998, to:

Charles R. Cohen, Director Department of Insurance 2910 North 44th Street, Ste. 210 Phoenix, AZ 85018

Attention: Curvey Burton

By _______________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826