Amwest Surety Insurance Company, in Liquidation

PROPERTY & CASUALTY INSURANCE
Frequently Asked Questions

Question: Does the Proof of Claim (POC) process apply to property and casualty claims?

Answer: Generally you will need to complete a Proof of Claim (POC) form in order to file a non-loss claim, such as an unearned or a return premium claim. If the claim is for a policy loss you may wish to file a POC for the loss in excess of state guaranty fund/association limits or deductible imposed by state guaranty fund/association. Amwest will then be responsible for forwarding a copy of the POC to the State Guaranty Fund/Association.

The POC form was forwarded to you on or before October 22, 2001. Please note, the bar date (last day to file a timely Proof of Claim) was June 7, 2002. Amwest will continue to accept any and all claims filed on the prescribed Proof of Claim form, however all POC forms received with a postmark after the bar date (June 7, 2002) will be considered late. In the event that you did not receive a form and would like a POC form to submit a claim, please contact Amwest Surety Insurance Company at the toll free number or the mailing address indicated on this web site (“How to Reach Us”).

Question: I have a mobile home policy in the State of Florida and I am unable to contact my agent. Can you please provide me with additional information?

Answer: Please first check your policy, payment or billing records to determine the agent and their location. If you have partial information, the Florida Department of Insurance may be able to help you complete the information. If you need assistance please feel free to call Amwest Surety Insurance Company at the following toll free number (866) 789-8119.

Question: Why didn’t I receive a payment if the unearned premium was less than $100? Or why is my payment $100 Less than the unearned premium?

Answer: A State Insurance Guaranty Association is making payment to you. They have a statutory $100 Deductible. Therefore. The $100 is deducted before making payment to the premium finance company or you. Please note that the premium finance company has priority over the insured if there is balance owing to the premium finance company. If the unearned premium is below $100, unfortunately, there is no payment.

Question: Will I eventually get my $100 or unearned premium if the balance was below $100?

Answer: It is unknown at this time whether or not there will be any residual funds to provide a pro-rata distribution to thos claimants with unearned premium deductible claims and the unearned premium balances below $100 not funded by the respective State Insurance Guaranty Associations.

Question: Do I have to file another Proof of Claim form to obtain my $100 deductible or the unearned premium below $100?

Answer: No. The liquidator is maintaining records of these balances and will notify you if funds are available to make a dividend payment to your creditor class. It is important that you continue to notify the liquidator of address changes for this purpose.

Question: What if I haven’t filed a proof of claim?

Answer: Your claim will not be evaluated unless a proof of claim is filed. If you have not filed a proof of claim, you may still do so, however, it will be considered a late filed claim with little likelihood of any distribution. If you believe that your claim should be considered timely instead of late, you may send with it a letter stating the reasons you believe it should be considered timely and we will examine it. This does not mean that your proof of claim status will be changed from late, but it is the only way to try to change the status of a late filed proof of claim.

Question: When will we know if we are going to receive any more money?

Answer: The liquidation process is long and complicated. It is currently unknown when the liquidation will be concluded. If it is ultimately determined there will be a distribution to your creditor class, you will be notified.