NO. D-1-GV THE STATE OF TEXAS IN THE DISTRICT COURT OF VS. TRAVIS COUNTY, TEXAS

Transcription

1 NO. D-1-GV THE STATE OF TEXAS IN THE DISTRICT COURT OF VS. TRAVIS COUNTY, TEXAS UNIVERSAL INSURANCE EXCHANGE and UNIVERSAL PARATRANSIT INSURANCE SERVICE, CORP. 345TH JUDICIAL DISTRICT SPECIAL DEPUTY RECEIVER'S QUARTERLY FINANCIAL REPORT AND SUMMARY STATEMENT OF EXPENSES FOR THE QUARTER ENDING MAY 31, 2016 COMES NOW, the Commissioner of Insurance for the State of Texas as Liquidator of Universal Insurance Exchange and Universal Paratransit Insurance Service, Corp., pursuant to TEX. INS. CODE ANN (g) and (a), and presents to this Court its Quarterly Financial Report and Summary Statement of Expenses for the Quarter Ending May 31, Attached is the Financial Report for the quarter ending May 31, Also attached is the Summary Statement of Expenses for the quarter ending May 31, The Statement of Expenses includes the expenses of the Special Deputy Receiver, its approved sub-contractors, and an allocation of the expenses of the Texas Department of Insurance Rehabilitation & Liquidation Oversight. Respectfully submitted, BRIAN E. RIEWE, P.C. P.O. Box 776 Smithville, Texas Telephone: 512/ Facsimile: 512/ Brian E. Riewe State Bar No /15/2016 2:32:45 PM Velva L. Price District Clerk Travis County D-1-GV Irene Silva By: /s/ Brian E. Riewe Attorneys for the Rehabilitator 3400\PL

2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served on all interested parties in accordance with the Texas Rules of Civil Procedure and TEX. INS. CODE ANN (d) this 15th day of June Mr. Tom Collins, Special Master by serving his Docket Clerk, Ms. Jean Sustaita Texas Department of Insurance 333 Guadalupe, Tower III, 5th Fl., MC-305-1D Austin, Texas specialmasterclerk@tdi.texas.gov Ms. Stu Phillips Ms. Kathy Gartner Texas Department of Insurance P.O. Box Austin, Texas stuart.phillips@tdi.texas.gov kathy.gartner@tdi.texas.gov Ms. Cynthia Morales, Asst. Attorney General Attorney General's Office P.O. Box Austin, Texas Via Cynthia.Morales@texasattorneygeneral.gov Ms. Sharon Williams United States Department of Justice P.O. Box 875, Ben Franklin Station Washington, DC sharon.williams@usdoj.gov Mr. Robert Nunnally Wisener * Nunnally * Roth, L.L.P. 245 Cedar Sage Dr., Suite 240 Garland, Texas robert@wnrlaw.com Mr. Bogdan Rentea (Atty for Kourosh A. Hemyari) Rentea & Associates 505 W. 12th Street #206 Austin, Texas brentea@rentealaw.com Mr. Walter Corey, Staff Attorney Legal Services Division Louisiana Department of Insurance Post Office Box Baton Rouge, Louisiana wcorey@ldi.state.la.us Mr. Christopher Brennan, Legal Specialist NJ Department of Banking and Insurance P. O. Box 325 Trenton, New Jersey christopher.brennan@dobi.nj.gov Mr. Todd Dewey 2111 Skylark Drive Arlington, Texas goodguy222001@yahoo.com Mr. Stan Broome (Atty-Fletcher, Polete, et al) Broome Law Firm, PLLC 105 Decker Court, Suite 850 Irving, Texas sbroome@broomelegal.com Ms. Amber Walker Texas Property & Casualty Insurance Guaranty Association 9120 Burnet Road Austin, Texas awalker@tpciga.org slang@tpciga.org Mr. Don S. Nixon Paradise Intermediaries, Inc. 705 W. Avenue B., Suite 312 Garland, Texas donnixon@paradiseintermediaries.com /s/ Brian E. Riewe Brian E. Riewe briewe@riewelaw.com 3400\ Page 1

3 R-525 al Insurance Exchange & Universal Paratransit Insurance Service Corp in Receivership Statement of Net Assets For the Period Ending Line Cash 1 Cash Cash - Unrestricted 1,557,849 APF Funds (Loan proceeds) Investments 2 Short-Tem Investments 3 Bonds 4 Stocks - Preferred & Common 5 Investments in Subsidiaries, Controlled or Affiliated Entities 6 Mortgage Loans 7 Real Estate 8 Policy Loans 9 Other Invested Assets Restricted Assets 10 Statutory Deposits 11 Funds held by or deposited with Reinsured Companies 12 Restricted - Other Reinsurance Receivable 13 Reinsurance Recoverables on Paid Losses & LAE (net of allowance) 14 Reinsurance Recoverables on Unpaid Losses & LAE (net of allowance) 15 Reinsurance Recoverables on UEP & Contingent Commissions Other Receivables 16 Salvage & Subrogation Recoveries 17 Premiums Due from Agents & Policyholders 18 Receivable from Parents, Subsidiaries & Affiliates 19 Receivable from Guaranty Associations - Early Access Payments 20 Other Receivables Large Cab Deductible Recoverable Allowance for Uncollectible Amounts Federal Income Tax Recoverable-UPI Other Assets 21 FF&E 22 Other Assets Total Assets 1,557,849 Ref No. NOTES Universal Insurance Exchange (UIE), is a reciprocal exchange. Universal Paratransit Insurance Services, Corp (UPI) is the attorney in fact for UIE. On January 26, 2006, both companies were placed into receivership under an Agreed Order Appointing Rehabilitor and Permanent Injunction by the Texas Department of Insurance in the 345th Judicial District Court of Travis County, Texas. The financial statements of UIE and UPI are presented on a combined basis.

4 R-525 Universal Insurance Exchange & Universal Paratransit Insurance Service Corp in Receivership Changes in Net Assets for the Quarter Ending Line 02/29/16 Change Cash 1 Cash Cash - Unrestricted 1,579,456 1,557,849 (21,607) APF Funds (Loan proceeds) Investments 2 Short-Tem Investments Bonds Stocks - Preferred & Common Investments in Subsidiaries, Controlled or Affiliated Entities Mortgage Loans Real Estate Policy Loans Other Invested Assets Restricted Assets 10 Statutory Deposits Funds held by or deposited with Reinsured Companies Restricted - Other Reinsurance Receivable 13 Reinsurance Recoverables on Paid Losses & LAE (net of allowance) Reinsurance Recoverables on Unpaid Losses & LAE (net of 14 allowance) Reinsurance Recoverables on UEP & Contingent Commissions Other Receivables 16 Salvage & Subrogation Recoveries Premiums Due from Agents & Policyholders Receivable from Parents, Subsidiaries & Affiliates Receivable from Guaranty Associations - Early Access Payments Other Receivables Large Cab Deductible Recoverable Allowance for Uncollectible Amounts Federal Income Tax Recoverable-UPI Other Assets 21 FF&E Other Assets Total Assets 1,579,456 1,557,849 (21,607) Universal Insurance Exchange (UIE), is a reciprocal exchange. Universal Paratransit Insurance Services, Corp (UPI) is the attorney in fact for UIE. On January 26, 2006, both companies were placed into receivership under an Agreed Order Appointing Rehabilitor and Permanent Injunction by the Texas Department of Insurance in the 345th Judicial District Court of Travis County, Texas. The financial statements of UIE and UPI are presented on a combined basis.

5 R-525 Universal Insurance Exchange & Universal Paratransit Insurance Service Corp in Receivership Statement of Net Liabilities For Period Ending Line 1 Secured Claims 2 APF Loan 3 Special Deposit Claims Administrative Claims - Class 1 4 Administrative Claims - State/Receiver Special Deputy Receiver, Subcontractors Fees & Expenses 5,704 Liquidation Oversight 213,873 Special Master's Fees 5 Administrative Claims - Guaranty Assns Administrative Expense Paid Administrative Expense Reserves 6 LAE - Guaranty Assns LAE Paid LAE Reserves Policy Claims - Class 2 7 Loss Claims - Guaranty Assns Loss Claims Paid Loss Claims Reserves 8 Loss Claims - Other Other Loss Claims Paid Other Loss Claims Reserves 9 LAE - Other 10 Unearned & Advance Premium Claims - GA 11 Unearned & Advance Premium Claims - Other Other Liabilities 12 Loss Claims Reserve 280, Loss Adjustment Expense Reserve 9, Claims Deductible and Premium Deposit Payable 150, Commissions Payable-Outstanding Checks from Closed Account 3, Payable to RLO Conservation Department 17 Surplus Debenture Note 635, Interest Payable-Surplus Debenture Note 63, Class 10 Interest 20 Class 10 Interest 21 Class 11 Claims 22 Other Liabilities Total Liabilities 1,361, Total Equity/(Deficit) Excess (Deficiency) of Assets over Liabilities 195,898 Total Liabilities & Equity 1,557,849

6 R-525 Universal Insurance Exchange & Universal Paratransit Insurance Service Corp in Receivership Statement of Net Liabilities For Period Ending Universal Insurance Exchange (UIE), is a reciprocal exchange. Universal Paratransit Insurance Services, Corp (UPI) is the attorney in fact for UIE. On January 26, 2006, both companies were placed into receivership under an Agreed Order Appointing Rehabilitor and Permanent Injunction by the Texas Department of Insurance in the 345th Judicial District Court of Travis County, Texas. The financial statements of UIE and UPI are presented on a combined basis. NOTES All amounts recorded based on adjudicated claims unless otherwise specified Ref. No Represents deductible escrow deposits on account for former policyholders. Represents outstanding checks from closed commissions account that requires research 15 and possible escheatment Represents reserves for losses from reported claims and an estimate for unreported claims. An application to Approve Notice and Set Claim Filing Deadline was approved on October 9, 2015 setting a Claim Filing Deadline of February 12, The reserves amount will be adjusted once the POC's are adjudicated. Represents reserves for loss adjustment expenses required to adjudicate claims losses. An application to Approve Notice and Set Claim Filing Deadline was approved on October 9, 2015 setting a Claim Filing Deadline of February 12, The reserves amount will be adjusted once the POC's are adjudicated. Represents promissory note to the shareholder of the attorney in fact pursuant to a settlement agreement bearing interest of 2% per annum to be paid at closing of the receivership if funds are available. This note is subordinate to all other claimants of the receivership. Represents accrued interest on surplus debenture note accrued at 2% per annum. See 17 above.

7 R-525 Universal Insurance Exchange & Universal Paratransit Insurance Service Corp in Receivership Changes in Net Liabilities for the Quarter Ending Line 02/29/16 Change 1 Secured Claims APF Loan Special Deposit Claims Administrative Claims - Class 1 4 Administrative Claims - State/Receiver Special Deputy Receiver, Subcontractors Fees & Expenses 6,848 5,704 (1,144) Liquidation Oversight 214, ,873 (137) Special Master's Fees Administrative Claims - Guaranty Assns Administrative Expense Paid Administrative Expense Reserves LAE - Guaranty Assns LAE Paid LAE Reserves Policy Claims - Class 2 7 Loss Claims - Guaranty Assns Loss Claims Paid Loss Claims Reserves Loss Claims - Other Other Loss Claims Paid Other Loss Claims Reserves LAE - Other Unearned & Advance Premium Claims - GA Unearned & Advance Premium Claims - Other Other Liabilities 12 Loss Claims Reserve 280, , Loss Adjustment Expense Reserve 9,271 9, Claims Deductible and Premium Deposit Payable 150, , Commissions Payable-Outstanding Checks from Closed Account 3,169 3, Payable to RLO Conservation Department Surplus Debenture Note 635, , Interest Payable-Surplus Debenture Note 60,591 63,766 3, Interest Payable-Surplus Debenture Note Class 10 Interest Class 11 Claims Other Liabilities Total Liabilities 1,360,057 1,361,951 1, Total Equity/(Deficit) Excess (Deficiency) of Assets over Liabilities 219, ,898 (23,501) Total Liabilities & Equity 1,579,456 1,557,849 (21,607) Universal Insurance Exchange (UIE), is a reciprocal exchange. Universal Paratransit Insurance Services, Corp (UPI) is the attorney in fact for UIE. On January 26, 2006, both companies were placed into receivership under an Agreed Order Appointing Rehabilitor and Permanent Injunction by the Texas Department of Insurance in the 345th Judicial District Court of Travis County, Texas. The financial statements of UIE and UPI are presented on a combined basis.

8 R-525Universal Insurance Exchange & Universal Paratransit Insurance Service Corp in Receivership Sources & Uses of Cash For Period Ending Qtr Ending May-16 Income Premium Receipts 0 Agents' Balances Received 0 Reinsurance Recoveries 0 Salvage & Subrogation Recoveries 0 Affiliates Recovery 0 Settlement/Litigation Recovery 0 Other Receipts 0 Sale of Real & Personal Property 0 Investment Sales/Receipts 0 Other Asset Receipts 0 Total Receipts from Assets/Receivables 0 Interest & Dividend Receipts, EA Interest 0 Cash Deposit Interest 906 Total Cash Receipts 906 Disbursements SDR Fees & Expenses 12,187 Subcontractor Legal Fees & Expenses 3,609 Subcontractor Other Fees & Expenses 2,137 Non-Subcontractor Fees & Expenses 0 Other Expenses 2,091 RLO Fees & Expenses 2,489 Total Disbursements for Operations 22,513 Loss Claims & LAE Expense Payments 0 Early Access Payments - GA 0 Refunds & Other Distributions 0 Total Cash Distributions 0 Total Cash Disbursements & Distributions 22,513 Net Increase(Decrease) in Cash (21,607) Cash at Beginning of Period 1,579,456 Cash at End of Period 1,557,849

9 R-525 Universal Insurance Exchange & Universal Paratransit Insurance Service Corp in Receivership Statement of Expenses For Period Ending SDR Total Total Total Total Mar Apr May Quarter DKJ Group, Inc SDR 3, , , , Expenses Total SDR Billing 3, , , , SDR Subcontractors - Legal Brian E. Riewe, PC BR Attorney , JM Paralegal Expenses Total Billing , , , Wisener*Nunnally*Gold, LLP RN Attorney Total Billing Total Legal Subcontractors , , , SDR Subcontractors - Other Petrosewicz & Company, Inc. - Accounting Sr. Accountant Accountant Expenses Total Billing , Abaci, Inc Tech Mgr/Application Designer Expenses Total Other SDR Subcontractors , Receivership Service Providers Interest Accrual Askari Settlement 1, , , , SafeSite , Operating Account Texas Treasury Total Other 1, , , ,266.18

10 Sub-Total SDR, Subcontractor & Provider Expenses Sub-Total SDR, Subcontractor & Provider Expenses 6, , , , Liquidation Oversight Allocation RLO Allocation , RLO Allocation-December Revision Special Master's Fees Total RLO & SM Expense 1, , Total Expenses 7, , , , Universal Insurance Exchange (UIE), is a reciprocal exchange. Universal Paratransit Insurance Services, Corp (UPI) is the attorney in fact for UIE. On January 26, 2006, both companies were placed into receivership under an Agreed Order Appointing Rehabilitor and Permanent Injunction by the Texas Department of Insurance in the 345th Judicial District Court of Travis County, Texas. The financial statements of UIE and UPI are presented on a combined basis.