PRESS RELEASE
June 15, 2006
JUDGE UPHOLDS GALLAGHER’S PLAN TO SMOOTHLY
TRANSITION POE POLICYHOLDERS
TALLAHASSEE–
Tom Gallagher, Florida’s chief financial
officer, said today that a judge reaffirmed her
approval of the Department of Financial
Services’ plan to protect and to smoothly
transition nearly 330,000 policyholders with
Atlantic Preferred, Southern Family and Florida
Preferred insurance companies to Citizens
Property Insurance Corporation on July 1.
The three insurers are subsidiaries of the
Tampa-based Poe Financial Group.
“We remain focused
on protecting policyholders and ensuring they
have continuous coverage this hurricane season,”
Gallagher said. “Tropical Storm Alberto was an
important reminder of the need to protect our
homes and our families, and our transition plan
was developed with this in mind.”
At a hearing today
in Tallahassee, Leon County Circuit Judge Janet
Ferris heard a recent emergency motion filed by
Poe officials regarding the three insurers they
formerly managed. Filed last week, Poe’s motion
alleged the department’s transition plan should
have required Citizens to use Poe’s affiliates –
Poe & Associates, Poe Managers, and Mariah – and
pay fees to service policies being assumed by
Citizens.
In response, the
department refuted Poe’s assertion because Poe’s
affiliates had long provided the employees,
facilities and equipment necessary to operate
the three insurance companies the judge had
ordered into liquidation. The department’s
response is attached.
On May 30, Judge
Ferris signed orders directing the department to
take control of the three insurance companies’
operations and to liquidate the companies’
assets to pay outstanding claims. On June 1,
the judge approved a transition plan to help
homeowners who were covered by one of the three
Poe companies to automatically transition to
Citizens Property Insurance Corporation on July
1.
For more
information, policyholders can contact the
Department of Financial Services at
1-800-342-2762 or log onto
www.myfloridacfo.com.
PRESS
RELEASE
May 31, 2006
JUDGE APPROVES
LIQUIDATION OF POE INSURANCE COMPANIES
Gallagher successfully protects the companies’
policyholders this hurricane season
TALLAHASSEE– A judge today approved putting three
financially-troubled insurance companies under the
state’s control, a move Florida’s Chief Financial
Officer Tom Gallagher said will protect more than
320,000 Floridians this hurricane season. The
insurance companies – Atlantic Preferred, Southern
Family and Florida Preferred – are subsidiaries of
the Tampa-based Poe Financial Group.
“My priority is to ensure policyholders have
continuous coverage this hurricane season, and we’ve
achieved that,” Gallagher said. “Now our focus is
resolving outstanding hurricane claims.”
Leon County Circuit Court Judge Janet Ferris signed
liquidation orders for all three insurers and
appointed the Department of Financial Services as
receiver. As receiver, the department takes control
of the companies’ operations and liquidates the
companies’ assets to pay outstanding claims.
Gallagher, who oversees the department, said that
since Southern Family and Atlantic Preferred entered
rehabilitation on April 25, 2006, the department has
already paid more than $76 million in outstanding
claims for both companies. When an insurance company
is in rehabilitation, the department oversees its
operations to protect resources to ensure claims get
paid.
Under the liquidation orders, homeowners who are
currently covered by one of the three Poe companies
and who are unable to secure new homeowner’s
coverage in the private market will be automatically
covered by Citizens Property Insurance Corporation
on July 1. Gallagher said that a formal plan for
smoothly transitioning policyholders to Citizens
Property Insurance Corporation will be presented for
the court’s approval by Friday.
Gallagher said effective tomorrow, June 1, the
department will be able to tap into the Florida
Insurance Guaranty Association (FIGA) to help
resolve outstanding claims. FIGA is funded by
insurers with written premiums in the same lines of
coverage.
Southern Family covered nearly 43,000 homeowners and
condominium and homeowners’ associations. Atlantic
Preferred and Florida Preferred primarily provided
coverage to approximately 280,000 homeowners, mostly
in South Florida.
For more information, policyholders can contact the
Department of Financial Services at 1-800-342-2762
or log onto www.myfloridacfo.com.
PRESS
RELEASE
May 25, 2006
GALLAGHER SAYS
FLORIDA PREFERRED POLICYHOLDERS
WILL BE PROTECTED THIS HURRICANE SEASON
TALLAHASSEE–Tom Gallagher, Florida’s chief financial
officer, announced today that policyholders with
Florida Preferred Insurance Company will be
protected this hurricane season because company
officials finally agreed to let the
financially-troubled property insurer enter into
liquidation effective June 1.
“This decision is in the best interest of 140,000
Floridians who were covered by Florida Preferred and
deserve protection,” said Gallagher, who petitioned
a court on May 9 to put Florida Preferred into
liquidation. “Our focus will now be getting the
company’s outstanding claims resolved as quickly as
possible.”
A hearing, set for May 30, was originally scheduled
to deliberate the company’s refusal to liquidate
Florida Preferred. Now that company officials have
consented to liquidation, the hearing will focus on
having the judge sign the consent to liquidation
agreements for three financially-impaired insurers
with Poe Financial Group, including Atlantic
Preferred, Southern Family and Florida Preferred.
The judge will also be presented with the transition
plan for Poe’s policyholders for approval. Under the
plan, Gallagher wants Poe policyholders unable to
secure coverage in the private market to
automatically transition to Citizens Property
Insurance Corporation by July 2 without the need to
fill out a new application.
If approved by the court, the Department of
Financial Services, which Gallagher oversees, would
be appointed receiver for the three insurers in
liquidation. As receiver, the department assumes the
company’s operations and liquidates its assets to
pay outstanding claims.
Once the companies are in liquidation, the
department can also tap into guaranty funds through
the Florida Insurance Guaranty Association (FIGA) so
claims get paid immediately. FIGA is funded by
insurers with written premiums in the same lines of
coverage.
For more information, policyholders can contact the
Department of Financial Services at 1-800-342-2762
or log onto www.myfloridacfo.com.
PRESS
RELEASE
May 9, 2006
GALLAGHER PETITIONS
COURT TO PUT POE INSURANCE COMPANIES INTO
LIQUIDATION
Gallagher says liquidation will ensure claims get
paid and policyholders are protected
TALLAHASSEE–Tom Gallagher, Florida’s chief financial
officer, announced today that he has petitioned a
court to order three financially troubled property
insurers of the Tampa-based Poe Financial Group into
liquidation. All three insurers – Southern Family,
Atlantic Preferred and Florida Preferred – have
refused to consent to liquidation. Gallagher said
the companies’ refusal only drains company resources
that should be directed to pay outstanding claims.
“These insurance companies have not presented a
viable plan to get back on their feet financially,”
Gallagher said. “Our focus now needs to be getting
outstanding hurricane claims paid as quickly as
possible. Once the companies are in liquidation, the
department can tap into guaranty funds so claims get
paid immediately.”
If approved by the Leon County Circuit Court, the
Department of Financial Services would be appointed
receiver for the three insurers in liquidation. As
receiver, the department would take over the
company’s operations and liquidate its assets to pay
outstanding claims. The Florida Insurance Guaranty
Association (FIGA) is also activated to help pay
claims. FIGA is funded by insurers with written
premiums in the same lines of coverage.
Southern Family primarily wrote commercial
residential and personal residential coverage, and
covered approximately 43,000 policyholders. Atlantic
Preferred and Florida Preferred together provided
coverage to nearly 280,000 homeowners and
condominium unit owners, mostly in South Florida.
In the coming weeks, Gallagher will also petition to
the court to allow Poe policyholders unable to
secure coverage in the private market to
automatically transition to Citizens Property
Insurance Corporation by July 2 without the need to
fill out a new application. Citizens’ rates would be
applied when a policyholder’s anniversary date
arrives, which is when their current policy is
scheduled for renewal.
For more information, policyholders can contact the
Department of Financial Services at 1-800-342-2762
or log onto www.myfloridacfo.com. The order will be
posted at www.floridainsurancereceiver.org.
PRESS RELEASE
April 25, 2006
SOUTHERN FAMILY
INSURANCE COMPANY ORDERED INTO REHABILITATION,
OTHERS PLANNED
Gallagher Says Policyholders with Southern
Family, Atlantic Preferred and Florida Preferred
Will Continue to Be Covered This Hurricane Season
TALLAHASSEE–Tom Gallagher, Florida’s chief
financial officer, announced today that a judge has
ordered one of three financially troubled property
insurers of the Tampa-based Poe Financial Group into
rehabilitation. To ensure the company’s
policyholders are protected this hurricane season,
Gallagher plans to petition the court to allow
policyholders unable to secure coverage in the
private market to automatically transition to
Citizens Property Insurance Corporation by July 1.
Leon County Circuit Court Judge Thomas Bateman
appointed the Department of Financial Services as
receiver for Southern Family Insurance Company. As
receiver for a company in rehabilitation, the
department takes over the insurer’s operations and
marshals the company’s resources to pay outstanding
claims.
“With the hurricane season starting June 1, we are
relieved the judge has taken the first step in our
plan to transition policyholders to the state’s
insurer of last resort without any change in their
coverage or premiums,” said Gallagher, who oversees
the department. “Our priority now is to get any
outstanding hurricane claims paid as quickly as
possible.”
The second insurer, Atlantic Preferred Insurance
Company, is expected to be ordered into
rehabilitation on May 1 due to failure to meet the
capital and surplus requirements under Florida law.
In an official notice to Gallagher, Insurance
Commissioner Kevin McCarty with the Office of
Insurance Regulation recommended that both Southern
Family and Atlantic Preferred be put into
liquidation on or about June 1. If both companies
consent, they will enter into liquidation without a
hearing.
Southern Family primarily wrote commercial
residential and personal residential coverage, and
covered approximately 43,000 policyholders. Atlantic
Preferred provides coverage to nearly 140,000
homeowners, mostly in South Florida. Both companies
were ordered by Insurance Commissioner Kevin McCarty
to stop writing new and renewal business earlier
this year.
The third insurer, Florida Preferred Insurance
Company, is expected to be ordered into
rehabilitation on June 1. According to the Office of
Insurance Regulation, if the company is unable to
obtain reinsurance, it should be placed into
liquidation. Approximately 100,000 homeowners are
covered by the company.
When a company is in liquidation, the department
continues to serve as receiver but the Florida
Insurance Guaranty Association (FIGA) is activated
to help pay outstanding claims. FIGA is funded by
insurers with written premiums in the same lines of
coverage. Liquidated assets of the companies will
also be used to reimburse FIGA for outstanding
claims that are paid.
Gallagher is urging policyholders to work with their
insurance agents to obtain property coverage from
private insurers rather than with Citizens, the
state’s insurer of last resort.
Under the proposed plan from the Office of Insurance
Regulation, if policyholders find that Citizens is
the only option available, then they will not need
to fill out an application or contact Citizens. If
any of the companies are ordered into liquidation by
the court, coverage would cease on or about June 30
but policyholders would be automatically provided
coverage through Citizens on the same day without
any disruption in insurance coverage.
Gallagher said that Citizens will provide the same
level of coverage with no increase in premiums.
However, Citizens’ rates will be applied when a
policyholder’s anniversary date arrives, which is
when the policy issued by one of the Poe companies
was scheduled for renewal.
The Office of Insurance Regulation has suggested the
following timeline for rehabilitation and
liquidation for the three companies:
April 25, 2006 – Southern Family placed into
Rehabilitation. Policyholders are encouraged to seek
alternate coverage.
May 1, 2006 – Atlantic Preferred placed into
Rehabilitation. Policyholders are encouraged to seek
alternate coverage
June 1, 2006 – If unable to obtain reinsurance,
Florida Preferred will be placed into Liquidation.
Policyholders are encouraged to seek alternate
coverage.
June 1, 2006 – Southern Family and Atlantic
Preferred placed into Liquidation. Policyholders are
encouraged to seek alternate coverage.
On or about June 30, 2006 — Remaining policyholders
with Southern Family, Atlantic Preferred and
potentially Florida Preferred will be automatically
covered by Citizens Property Insurance Corporation
without any disruption in coverage, level of
coverage or premium increase.
Gallagher said his goal is to get outstanding claims
paid as quickly as possible and assist policyholders
with existing damage get needed repairs so they can
properly insure their homes when the next offer of
coverage is made.
For more information, policyholders can contact the
Department of Financial Services at 1-800-342-2762
or log onto
http://www.floridainsurancereceiver.org .
Southern Family Order Signed by Judge
Southern Family Letter to CFO Gallagher from
Commissioner McCarty
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