Division of Rehabilitation and Liquidation
How do I file a proof of claim with the Receiver?
In order to file a proof of claim, you will need to complete a proof of claim form and file it with the Receiver. To be considered timely filed, claims must be postmarked on or before Monday, May 2, 2011.
On January 19, 2011, the Receiver mailed proof of claim forms to individuals and entities that the Receiver identified as having a possible claim in the Magnolia estate. 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 Magnolia. 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.
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 Magnolia. 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.
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. 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 Magnolia’s records. If you did not receive a proof of claim form, it could be that the mailing address on file is incorrect.
What happens if I fail to file the proof of claim form by the May 2, 2011 deadline? Can I still file a claim? Will it be considered late-filed?
Yes, you may still file a proof of claim after the May 2, 2011 claims filing deadline. However, any paper proof of claim form postmarked after May 2, 2011 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 2010-1522) 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.
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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