LIQUIDATION ORDER

Weston Property & Casualty Insurance Company ("Weston") was found to be insolvent and placed into liquidation by a Florida court on August 8, 2022. The CONSENT ORDER APPOINTING THE FLORIDA DEPARTMENT OF FINANCIAL SERVICES AS RECEIVER OF WESTON PROPERTY & CASUALTY INSURANCE COMPANY FOR PURPOSES OF LIQUIDATION, INJUNCTION, AND NOTICE OF AUTOMATIC STAY ("the Order") may be viewed here. The Order triggered TPCIGA's statutory obligations to Texas policyholders and claimants under TEX. INS. CODE chapter 462, known as the Guaranty Act.  

The Order permanently enjoins all persons, including policyholders and creditors, from instituting or further prosecuting any action against Weston except within the liquidation proceedings. In addition, the Texas Guaranty Act imposes an automatic six-month stay of proceedings in any case in which Weston was obligated to defend a party, effective until February 8, 2023.


CANCELLATION OF POLICIES

The Order cancels all in-force Weston insurance policies as soon as they expire or are replaced, but in no event later than 12:01 a.m. on September 7, 2022, the thirtieth day following the date of the Order. Please contact your insurance agent or financial adviser immediately about securing other insurance.


NEW AND PENDING LOSS CLAIMS INFORMATION

Continue to report new claims to Weston until further notice at:


TPCIGA is working with the Florida receiver to arrange for transfer of the 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 Weston, 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.  


UNEARNED PREMIUM

Any 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.


LAWSUITS AND STAY OF LITIGATION

Litigation against Weston is permanently enjoined by the Order. This means your suit against Weston cannot proceed. Any pending lawsuit in which Weston is obligated to defend a party is automatically stayed for a period of six months from the date of the Order, or until February 8, 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 Weston 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 statutory receiver responsible for winding up the affairs of Weston through its Rehabilitation and Liquidation Division. It has appointed the firm of Cantilo & Bennett, LLP as the Special Deputy Receiver ("SDR") for Weston. The SDR's contact information is as follows:


Cantilo & Bennett, L.L.P.

Special Deputy Receiver of

Weston Property & Casualty Insurance Company

11401 Century Oaks Terrace, Suite 300

Austin, Texas 78758


MAILING ADDRESS

P.O. Box 184

Austin, Texas 78767


Telephone:  (800) 579-6817

Email:          info@weston-ins-liquidation.com

Website:      weston-ins-liquidation.com



Please note that the deadline for filing a proof of claim with the Florida liquidation estate is August 8, 2023, one year from the date of Order.



Information as of 08/14/2022



Weston Property & Casualty Insurance 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