TPCIGA-Access Ins Co Info

LIQUIDATION ORDER

Access Insurance Company was found to be insolvent and placed into liquidation by the 261st District Court of Travis County, Texas pursuant to an Agreed Order dated March 13, 2018.

The Liquidation Order permanently enjoins all persons, including policyholders and creditors, from instituting or further prosecuting any action against Access except within the Texas liquidation proceedings. In addition, the Texas Guaranty Act imposes an automatic six-month stay of proceedings in any case in which Access was a party or was obligated to defend a party, effective until September 13, 2018.

IMPAIRMENT ORDER

The Texas Commissioner of Insurance issued an Order designating Access as an impaired insurer

effective March 13, 2018. The TPCIGA thus became obligated to undertake its statutory obligations to

Texas policyholders and claimants under TEX.INS.CODE chapter 462 on that date.

CANCELLATION OF POLICIES

The Liquidation Order cancels all in-force insurance policies as soon as they expire or are replaced, but in no event later than the thirtieth day after the date of the Order, which is April 12, 2018.

NEW & PENDING LOSS CLAIMS INFORMATION

All new claims should continue to be reported to Access at www.access.com or by calling 1-866-747-6931.

The Receiver will arrange for the transfer of loss claim files to TPCIGA and other state guaranty associations for handling. TPCIGA will only handle claims involving Texas policyholders or claimants; residents of other states will be directed to their state's guaranty association. Texas policyholders and claimants are requested to forgo contacting TPCIGA on non-hardship matters for 4-6 weeks, or until May 2018, to allow sufficient time for the file transfer and initial review. The TPCIGA will be unable to discuss the status of pending claims until the files have been transferred.

If you have any potentially applicable insurance through another carrier, including uninsured motorists' coverage or health insurance, that insurance is now primary and you should contact your carrier to make a claim. All forms of other available insurance must be exhausted before TPCIGA can consider payment of your claim.

LAWSUITS & STAY OF LITIGATION

Any pending lawsuit involving a Texas insured or policyholder in which Access is obligated to defend a party is automatically stayed for a period of six months from the date of the Commissioner's order designating Access as an impaired insurer, or until September 13, 2018, pursuant to TEX.INS.CODE §462.309. The statute of limitations is not tolled by the automatic stay.

PRIOR OR PENDING SETTLEMENTS

TPCIGA is not bound by a settlement or release entered into by Access or its insureds, and such a settlement is not evidence of liability or damages against TPCIGA or an insured. TEX.INS.CODE §462.303. TPCIGA is obligated to review all Texas claims to determine the extent to which they may be payable under the Guaranty Act.

UNEARNED PREMIUM

Texas claims for unearned premium will be processed as soon as possible after TPCIGA receives all necessary financial information from the Receiver. It is not necessary to file a claim with TPCIGA for your unearned premium.

RECEIVER CONTACT INFORMATION

The Commissioner of Insurance has appointed Cantilo & Bennett, L.L.P. as Special Deputy Receiver (SDR)

for Access. Contact the SDR by calling 512-478-6000, via fax to 512-404-6550, or via email at accessinfo@cb-firm.com. You may also visit the SDR's web site at www.accessinsurancesdr.com to obtain a Proof of Claim form.

Information as of 04/05/2018

Access Insurance Company

Information on this site is not legal advice and is not intended to be a comprehensive statement of the law or of the TPCIGA's policies and procedures. References to the laws of any jurisdiction are for informational purposes only and are not a substitute for the official version of a statute. TPCIGA makes no warranty as to the accuracy or reliability of the content of this website or other related websites.