Amwest Surety Insurance Company, in Liquidation

HOW TO FILE A PROOF OF CLAIM
Frequently Asked Questions

Question: Where does a Claimant obtain the Proof of Claim (POC) form?

Answer: The Proof of Claim (POC) forms were forwarded to all persons with known claims or reasonably expected to have claims against Amwest Surety Insurance Company. Proof of Claim (POC) forms can be requested from Amwest (see “How to Reach Us” on the Home page). Note that you cannot obtain the Proof of Claim form from the offices of the Nebraska Director of Insurance.

Question: If a Claimant completes and submits a Proof of Claim, does this mean the claim is approved?

Answer: Not necessarily, because the Liquidator in conjunction with Amwest’s claims department will evaluate the merits of the claim and damages suffered by the claimant. The Liquidator will then approve the claim in full, deny the claim in full, or develop an independent quantification of the loss.

Question: Does the POC process apply to property and casualty claims?

Answer: Yes. You will need to complete a POC form. Amwest will then be responsible for forwarding the information to the State Guaranty Fund Association.

Question: Does the POC process apply to bail bond and immigration bond claims?

Answer: Yes. You will need to complete an Amwest POC form (Bail POC Form). All persons reasonably expected to present claims have been provided a POC form. Claims will be subject to adjudication by the Liquidator. The Bail POC form is used for both bail bonds and immigration bonds. Please note, the bar date (last day to file a timely Proof of Claim) was June 7, 2002. Amwest will however continue to accept any and all claims filed on the prescribed Proof of Claim form, but they will be considered late. The Amwest Proof of Claim forms are available by contacting your agent directly or the Amwest Court Division (800-423-2245).

Question: The claims bar date is past, can I still file a POC?

Answer: Yes. Your POC will be considered a late claim and will have a lower priority class as far as distribution. If you believe that your POC should be considered a timely claim with a high priority class you may include a letter stating the reasons you believe your claim should be considered timely and we will examine it. This does not mean that the priority class of your POC will be changed, but it is the only way to try to get it changed.

Question: When will distribution of the Amwest estate occur?

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.