LIQUIDATION ORDER

The Court of Chancery of the State of Delaware found Arrowood Indemnity Company ("Arrowood") insolvent and ordered it into liquidation on November 8, 2023.  You may view the LIQUIDATION AND INJUNCTION ORDER WITH BAR DATE here. The liquidation will be administered by a Deputy Receiver appointed by the Delaware Commissioner of Insurance and the Delaware Bureau of Rehabilitation and Liquidation.

The order triggered the obligations of the Texas Property and Casualty Insurance Guaranty Association ("TPCIGA") to handle certain Arrowood claims under the Texas Property and Casualty Insurance Guaranty Act, TEX. INS. CODE Ch. 462, including claims arising under policies written by its predecessor entity, Royal Indemnity Company.  


INSURANCE POLICY AND COVERAGE INFORMATION

All Arrowood policies will be canceled as of 12:01 a.m. on December 8, 2023, unless they expired or canceled earlier in the normal course of business. It is not believed that there are any in-force policies.  


NEW AND PENDING CLAIMS INFORMATION

Please report new claims or claims the require reopening to the Receiver at Receiver@ArrowoodLiq.com or (302) 543-2496. The Receiver will coordinate with TPCIGA to set-up or reopen claims, as needed.  

The Delaware Receiver will arrange for the transfer of existing Texas claims for further handling. Policyholders and claimants are requested to forgo contacting TPCIGA on non-hardship matters for at least four weeks to allow sufficient time for file transfer and initial review. TPCIGA will be unable to discuss the status of pending claims until the files have been transferred.

Both claimants and insureds are required to exhaust all other available insurance, including an insured's right to a defense, pursuant to TEX. INS. CODE §462.251. TPCIGA is not bound by any pre-insolvency agreement to share defense costs between or among an insured's insurers. All forms of other available insurance must be exhausted before TPCIGA can consider payment of a claim.


WORKERS' COMPENSATION CLAIMS INFORMATION

The Delaware Receiver will continue paying workers' compensation medical and indemnity benefits during the transition of Arrowood claims to the guaranty associations. If your indemnity payment does not arrive, or you need immediate medical or pharmacy benefits, please contact us at (800) 856-0298.


STAY OF LITIGATION

The Liquidation Order permanently enjoins all persons, including policyholders and creditors, from instituting or further prosecuting any action against Arrowood except within the Delaware receivership proceeding. Additionally, the Guaranty Act imposes an automatic six-month stay of proceedings in any Texas case in which Arrowood was a party or obligated to defend a party, effective until May 8, 2024.


PRIOR OR PENDING SETTLEMENTS

TPCIGA is not bound by a settlement or release entered into by Arrowood or its insureds, and that settlement is not evidence of liability or damages against TPCIGA or an insured. TEX. INS. CODE §462.303. Additionally, TPCIGA is not bound by any cost-sharing agreement for the defense of an insured entered into by the insolvent insurer.


NET WORTH EXCLUSION

Except for a workers' compensation claim for benefits, §462.212 excludes from the scope of the Guaranty Act any claim under a policy issued to an insured with a net worth in excess of $50 million on December 31 of the year preceding the insolvency. For purposes of the net worth exclusion, the insured's net worth includes the aggregate net worth of the insured and the insured's parent, subsidiary and affiliated companies computed on a consolidated basis. Please refer to the Guaranty Act for additional information.


LIQUIDATION CONTACT INFORMATION

The Delaware Bureau of Rehabilitation and Liquidation is responsible for the liquidation of Arrowood. A website with additional information about the liquidation, including FAQs, is available at https://insurance.delaware.gov/rehab_bureau_Arrowood/. You may also contact the appointed Deputy Receiver for Arrowood Indemnity Company, in Liquidation, at Receiver@ArrowoodLiq.com or (302) 543-2496.

Please note that the deadline to file a proof of claim with the liquidation estate is January 15, 2025. The POC form and instructions are available on the Receiver's website.


Information as of 11/22/2023


ARROWOOD INDEMNITY COMPANY

TPCIGA Logo

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.  


© Texas Property and Casualty Insurance Guaranty Association