Division of Rehabilitation and Liquidation

Proof of Claim Process Information - American Superior Insurance Company ("American Superior")

Will agent commission claims, employee claims, general creditor claims, and premium finance company claims be by by the Florida Insurance Guaranty Association ("FIGA")?

No. These types of claims are not covered by FIGA, but may be raised as claims in the receivership estate. There may not be sufficient assets to pay these priority of claims: however you must file a proof of claim form to have your claim considered.

How do I file a proof of claim with the Receiver?

All known claimants have been notified on how they can make a claim against the American Superior estate.

Return Premium Claimants were mailed postcard notices on June 8, 2005.

Loss Claimants and Agent Claimants were mailed postcard notices on August 24, 2005.

Premium Finance Company Claimants were mailed proof of claim forms on September 26, 2005.

General Creditor Claimants and Employee Claimants were mailed proof of claim forms on November 14, 2005.

To be considered timely filed, submitted proof of claim forms were required to be postmarked on or before Thursday, December 1, 2005. All submitted proof of claims must be accompanied by a completed IRS W-9 form.

I received a postcard directly me to a website.  However, I have been unable to access the website to download the proof of claim form. What can I do now?

Please double-check your spelling of the website link.  The majority of callers who are having problems accessing the website are misspelling the website name or are adding spaces where none are needed.  The instructions for completing both the proof of claim form and W-9 form are available for downloading separately, as is the latest version of Adobe Acrobat Reader.  Most public librFirst Commercial and First Commercial Transportation and Property have Internet access and their personnel can assist you in downloading the forms.

If you still can not access the website in order to download a proof of claim form, please contact the Receiver using our "Contact Us" form. Alternatively, you may contact the Receiver at 850-413-3081
.

I should have received one of the previously mailed notices but I either didn't get it or it was lost. How do I now obtain a proof of claim form?

To request 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
.

What happens if I fail to file the proof of claim form by the December 1, 2005 deadline?  Can I still file a claim?  Will it be considered late-filed?

Yes, you may still file a proof of claim after the December 1, 2005 claims filing deadline.  However, any proof of claim form postmarked after December 1, 2005 will be processed as “late-filed”.  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 04-CA-2353) to accept your claim as filed timely.

Will the deadline be extended?

No.

Can you verify receipt of my proof of claim and W-9 forms?

The Receiver is receiving thousands of proof of claim form submissions.  If you sent your proof of claim form by certified mail, return receipt requested, or if it was sent via FedEx, UPS, etc., you should save the delivery certification cards as proof of 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 proof of claim form has a box for indicating whether the claim is a secured claim.  I don’t understand what this means?

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.

If you have recently changed your name or mailing address, please click here.

It is the claimant's responsibility to notify the Receiver, in writing, if there is a change in their name or mailing address.  When corresponding with the Receiver, be sure to reference "American Superior Insurance Company" and the "Receiver's Claim Number ("RCN")", which will allow the Receiver to associate your request with the correct claim and Receivership.

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