Division of Rehabilitation and Liquidation
How do I file a proof of claim with the Receiver?
There are two ways to file a proof of claim form with the Receiver. You can complete and return a proof of claim form or you can file your claim electronically using ClaimNet. To be considered timely filed, claims that are submitted via paper must be postmarked on or before Friday, October 8, 2010. Claims that are filed using ClaimNet must be electronically submitted on or before 11:59 PM EDT on Friday, October 8, 2010.
On August 24, 2010, the Receiver mailed proof of claim forms to individuals and entities that the Receiver identified as having a possible claim in the American Keystone estate. The proof of claim form mailing also provided a notice that allows claimants to file their claim electronically through the Internet using ClaimNet. If you did not receive a proof of claim form and have a claim you would like considered, please make a request for a proof of claim form by completing the "Contact Us" form.
Note: The proof of claim mailing was not sent to claimants that have an unearned premium (premium refund) claim. Unearned premium claims are claims for premium that is owed back to former policyholders of American Keystone. The Receiver has received court approval to deem all unearned premium claims as timely filed. This means these claimants will have a valid claim in the estate without having to file a proof of claim form or file electronically using ClaimNet.
I received a proof of claim form for a loss claimant but I did not receive a proof of claim form for an unearned premium claimant. How do I now obtain a proof of claim form for an unearned premium claimant?
The proof of claim mailing was not sent to claimants that have an unearned premium (premium refund) claim. Unearned premium claims are claims for premium that is owed back to the former policyholders of American Keystone. The Florida Insurance Guaranty Association ("FIGA") previously processed unearned premium refunds of $100 or greater. The outstanding claims represent the $100 statutory deductible not covered by FIGA or represent unearned premium claims that were less than $100 and thus the claimant did not receive a refund check from FIGA. The Receiver has received court approval to deem all unearned premium claims as timely filed. This means that unearned premium claimants will have a filed claim in the estate without having to file a proof of claim form or file electronically using ClaimNet.
I did not receive a proof of claim form in the mail or have misplaced it. How do I now obtain a proof of claim form?
If you have not received your proof of claim form, please contact the Receiver using our "Contact Us" form. In your request, be sure to provide your updated address and also indicate if you would like to receive another form in the mail or if you would prefer for someone to contact you to help you file your claim electronically using ClaimNet. You may also contact the Receiver by calling #850-413-3081 (toll-free to Florida residents by calling #800-882-3054).
When the Receiver initiates a mail out, we must rely on the data within American Keystone's records. If you did not receive a proof of claim form, it could be that the mailing address on file is incorrect. Filing electronically using ClaimNet will not only allow you to file your claim but will also allow you to update your mailing address within the Receiver's records so the same problem does not occur with any future mailings.
What happens if I fail to file the proof of claim form by the October 8, 2010 deadline? Can I still file a claim? Will it be considered late-filed?
Yes, you may still file a proof of claim after the October 8, 2010 claims filing deadline. However, any paper proof of claim form postmarked after October 8, 2010 and any electronic filing submitted after 11:59 PM EDT on October 8, 2010 will be processed as a “late-filed” claim. Late file claims are given a lower claimant class priority.
If you believe that your proof of claim form should be considered timely-filed, you may submit a request to have the Receiver consider accepting your proof of claim form as timely-filed. With appropriate supporting documentation, Florida Statute 631 gives you the right to petition the Receivership court (Second Judicial Circuit Court, Tallahassee, Leon County, Florida, Case Number 2009-3955) to accept your claim as filed timely.
Will the claim filing deadline be extended?
Can you verify receipt of my proof of claim?
If you decide to submit a paper proof of claim form you should send it by certified mail, return receipt requested, or overnight mail (FedEx, UPS, etc.) and save the delivery certification cards as proof of timely mailing. No confirmations of receipt of individual proof of claim forms will be mailed.
If you choose to submit your claim electronically using ClaimNet and you properly complete the process, you will receive a "date and time stamped" confirmation indicating that your claim has been submitted to the Receiver. If you do not get to a page that provides a confirmation, please go back into ClaimNet and make sure you properly completed and submitted your claim to the Receiver.
When will my claim be paid and how much will I receive?
The amount of any potential payment is unknown until after the amount of all liabilities has been established and all reasonable efforts to recover and liquidate assets have been exhausted. Please be advised that it may take several years before a distribution of assets, if any, is made in this receivership, due to collection efforts and litigation.
What if I don’t know the exact amount of my claim or don’t have all the documentation available at the time I submit my proof of claim?
In the amount claimed field on the proof of claim form, enter “$1.00” if you don’t know the exact amount of the claim. Be sure to put your claim identification number on the documentation so that it can be identified and matched to your proof of claim.
The paper proof of claim form has a box for indicating whether the claim is a secured claim. What does this mean?
"Secured claim" means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise but does not include a special deposit claim, a claim against general assets, or a claim based on mere possession. In other words, if a claim is secured by some form of collateral, it is considered a secured claim.
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