TPCIGA-UPC_Ins

LIQUIDATION ORDER

United Property & Casualty Insurance Company ("UPC") was declared insolvent and placed into liquidation by a Florida court on February 27, 2023. The CONSENT ORDER APPOINTING THE FLORIDA DEPARTMENT OF FINANCIAL SERVICES AS RECEIVER OF UNITED PROPERTY & CASUALTY INSURANCE COMPANY FOR PURPOSES OF LIQUIDATION, INJUNCTION, AND NOTICE OF AUTOMATIC STAY ("the Liquidation Order") may be viewed here. The Liquidation Order triggered TPCIGA's statutory obligations to Texas policyholders and claimants under TEX. INS. CODE chapter 462, known as the Guaranty Act.

The Liquidation Order permanently enjoins all persons, including policyholders and creditors, from instituting or further prosecuting any action against UPC except within the liquidation proceedings. In addition, the Texas Guaranty Act imposes an automatic six-month stay of proceedings in any case in which UPC was obligated to defend a party, effective until August 27, 2023.

CANCELLATION OF POLICIES

The Liquidation Order cancels all UPC policies at 12:01 a.m. on March 29, 2023, the thirtieth day following the effective date of the Order, unless previously expired or replaced. Please contact your insurance agent or financial adviser immediately about securing other insurance.

The liquidation of UPC does not affect flood policies administered by UPC but issued under Federal law. Those policies will be transferred to a new policy administrator. Contact UPC at (800) 759-8656 for information.

NEW AND PENDING LOSS CLAIMS INFORMATION

Continue to report new claims to UPC as follows:

o (888) 256-3378 (non-flood claims)

o (800) 759-8656 (flood claims) OR

o https://www.upcinsurance.com

This information will be updated if reporting procedures change.

TPCIGA is working with the Florida receiver to arrange for transfer of the existing Texas claims to TPCIGA for handling. Policyholders and claimants are requested to forgo contacting TPCIGA on non-hardship matters for several weeks to allow sufficient time for the file transfer and initial review. TPCIGA will be unable to discuss the status of pending claims until the files have been transferred.

If you have insurance available through any carrier other than UPC, that insurance is now primary, and you should contact your carrier to make a claim. For liability claims, this includes health insurance. All forms of other available insurance must be exhausted before TPCIGA can consider payment of your claim.

UNEARNED PREMIUM

Any claims for unearned premium will be processed as soon as possible after TPCIGA receives all necessary financial information from the receiver. The receiver will not send any unearned premium data until after the policy cancellation date of March 29, 2023, at the earliest. It is not necessary to file a claim with TPCIGA for your unearned premium.

LAWSUITS AND STAY OF LITIGATION

Litigation against UPC is permanently enjoined by the Liquidation Order. This means suits directly against UPC may not proceed.

Any pending third-party lawsuit in which UPC is obligated to defend a party is automatically stayed for six months from the date of the Liquidation Order, or until August 27, 2023, 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 UPC 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 claims to determine the extent to which they may be payable under the Guaranty Act.

RECEIVER CONTACT INFORMATION

The Florida Department of Financial Services is the appointed receiver responsible for winding up the affairs of UPC through its Rehabilitation and Liquidation Division. You may email the Florida receiver at Consumer.Services@myfloridacfo.com, call (800) 882-3054 or (850) 413-3081, or visit its website at www.myfloridacfo.com/division/receiver. The Receiver's website includes comprehensive FAQs with detailed information about the liquidation process.

The deadline for filing a proof of claim to recover from the assets of the UPC estate is February 27, 2024. Note that TPCIGA does not require a POC for claims covered by the Guaranty Act.

Information as of 03/03/2023

United Property & Casualty 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.