How do I file a claim against First Commercial?
There are three different processes for filing claims against First Commercial, a company that wrote workers compensation, commercial automobile, general liability, garage keepers, E&O, commercial multi-peril, and automobile warranty policies. Some claims are covered by the Florida Workers Compensation Insurance Guaranty Association ("FWCIGA"), other claims are covered by the Florida Insurance Guaranty Association ("FIGA") and some claims can only be filed against the estate of First Commercial because they are not covered by FWCIGA or FIGA.
FWCIGA will process loss claims relating to perils covered under your workers compensation policy and FWCIGA will cover unearned premium claims on your insurance policy that was cancelled by the liquidation order (so long as your policy was in force as of the date of liquidation which was August 24, 2009).
FIGA will process loss claims relating to perils which are covered under your commercial automobile, general liability, garage keepers, E&O, and commercial multi-peril policies. FIGA will cover unearned premium claims on your insurance policy that was cancelled by the liquidation order. Both claims are subject to a $100 deductible.
For additional information on the processing of new loss claims, click here.
Premium refunds covered by FWCIGA and FIGA have been mailed. If you have not received a refund check and you believe you are due a refund, please contact the Receiver for assistance since their office calculated the refund amounts. For information on unearned premium process, click here.
Claims for losses not covered by FWCIGA and FIGA, agent claims, employee claims, government claims and general creditor claims may become claims against the estate of First Commercial so long as you have a filed claim with the Receiver. The Receiver's claim filing deadline of August 17, 2010 has passed and any claims filed after the deadline will be processed as "late-filed".
What are the deadlines for filing a claim?
The Receiver's deadline for filing a claim against the estate of First Commercial was August 17, 2010. The deadline for FIGA to settle claims is one year after the Receiver's deadline per Section 631.68, Florida Statutes. Since the Receiver's deadline was August 17, 2010, FIGA's deadline for settling claims is August 17, 2011 unless a lawsuit was initiated.
How do I now file a claim against the estate of First Commercial?
The Receiver's claim filing deadline of August 17, 2010 has passed.
In order for a claim against the estate of First Commercial to be considered timely-filed, completed proof of claim forms and completed W9 forms had to be submitted and postmarked by August 17, 2010.
If you believe that your proof of claim form should be considered timely-filed, you may submit supporting documentation to the Receiver to accept your proof of claim form as timely-filed. With appropriate supporting documentation, Chapter 631, Florida Statutes also gives you the right to petition the Receivership court (Second Judicial Circuit Court, Tallahassee, Leon County, Florida, Case Number 2009-2668) to accept your claim as timely-filed.
Can I file a proof of claim form in the First Commercial estate after the filing deadline? Will it be considered late-filed?
Yes, you may file a proof of claim. However, any proof of claim form postmarked after August 17, 2010 will be processed as late-filed.
How do I obtain a proof of claim form?
If you would like a proof of claim form, please contact the Receiver by using our "Contact Us" form. Alternatively, you may contact the Receiver at #850-413-3081 (toll-free to Florida Residents by calling #800-882-3054).