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WINDHAVEN INSURANCE COMPANY

Company Information

Company Demographic Information
Name of Company:
WINDHAVEN INSURANCE COMPANY
Case Number:2019 CA 002861
Guaranty Association:
Florida Insurance Guaranty Association(FIGA)
Type of Coverage:
Property and Casualty
State of Domicile:
Florida
Status of Receivership:
Liquidation
Important Receivership Dates
Date of Rehabilitation:
December 12, 2019
Date of Liquidation:
January 06, 2020
Policy Cancellation Date:February 05, 2020
Claims Filing Deadline:
January 06, 2021
Objection Deadline:
See Below

Background Information
​On December 12, 2019, Windhaven Insurance Company (“WIC”) was ordered into receivership for purposes of rehabilitation by the Second Judicial Circuit Court in Leon County, Florida. The Florida Department of Financial Services is the court appointed Receiver of WIC.

Subsequently, effective on January 6, 2020, Windhaven Insurance Company was ordered into receivership for purposes of liquidation by the Court.

WIC was a property and casualty insurance company located in Miami, Florida. WIC was licensed in Florida in 2005 as a domestic insurer to write Private Passenger Auto Liability and Private Passenger Auto Physical Damage lines of business and commenced business in 2006. The company wrote non-standard private passenger insurance coverage. WIC had approximately 73,000 active policies as of November 30, 2019.

In accordance with the Liquidation Order the insurance policies issued by Windhaven Insurance Company are cancelled effective 12:01 a.m. on February 5, 2020.

On September 30, 2020 the mailing of approximately 55,000 Proof Of Claim forms via the U.S. Postal Service commenced.

The deadline for filing a Proof Of Claim is January 6, 2021.

Medicare Secondary Payee Letter and Affidavit
​Under the Medicare Insurer Reporting Law (Section 111 of Public Law 110-173), which is implemented by the Center for Medicare and Medicaid Services (CMS), certain mandatory reporting requirements may apply to claims submitted to the Florida Department of Financial Services, Division of Rehabilitation and Liquidation (Department).

On August 16, 2024, the Department mailed Medicare Secondary Payee letters with affidavits to claimants/insureds of the Southern Fidelity Insurance Company estate, who filed a Proof of Claim (POC) and indicated on the form that they were receiving or eligible for Medicare.

We request that you complete the Affidavit of Medicare Eligibility Form. The information you provide will be used only to determine your Medicare status and to enable the Department to meet CMS reporting obligations. See the Related Documents/Other section below to review the Letter and Affidavit.​

Frequently Asked Questions

What do I do if I have an uncashed Windhaven Insurance Company check drawn from the Bank of America?
​The Windhaven Insurance Company's accounts at the Bank of America are closed effective March 25, 2020.  Please do not attempt to negotiate any uncashed checks as they will be returned.

For assistance with uncashed checks you may contact the Department by using the Contact Us form.  Someone from the Department will review your inquiry and contact you.  You may also contact the Department by calling (850) 413-3081 or toll free at 1-800- 882-3054.  Your inquiry will be directed to the appropriate staff member for review and handling. 

Is my insurance policy still in force?

No, Under the receivership Order, all insurance policies issued by Windhaven Insurance Company are cancelled effective 12:01 a.m. on February 5, 2020; unless otherwise terminated prior to that date.

Should I get an insurance policy with another company?

Yes, your policy was cancelled effective 12:01 a.m. on February 5, 2020; unless otherwise terminated prior to that date.   Your agent is best able to advise you as to your insurance options.  To assist your agent and you in this process, we also have notified your agent directly of the cancellation of your policy. 

I am a policyholder/insured and am due unearned premium (premium refunds). Will I be paid?

FIGA has been activated and will pay covered unearned premium claims to Windhaven policyholders after the Department completes its processing of the policy records and sends the unearned premium records to FIGA.  A $100 per policy statutory deductible will be applied to policy refunds and will be deducted from the amount paid.

What if my refund is less than $100?
​If your unearned premium refund is less than $100 you will not receive a refund check from FIGA. If the Receiver subsequently determines that adequate funds are available, it will process and pay the refunds that are less than $100. The payment of claims in a receivership are paid in priority order as defined by Florida Statutes, Chapter 631. The only assets available for distribution are the assets of the company.

If I have already filed a claim with WIC, will the Receivership affect the status of my claim?

No. FIGA has been activated to help pay covered outstanding claims for Windhaven policies. 

What is the Florida Insurance Guaranty Association?
​The Florida Insurance Guaranty Association (FIGA) is a nonprofit corporation statutorily created to provide a mechanism for the payment of certain covered claims when an insurance company is ordered liquidated.

How do I contact the Florida Insurance Guaranty Association (“FIGA")?
​Call: 1-800-988-1450 (toll-free)
Fax: 1-850-523-1888 
Web: www.figafacts.com

When will FIGA take over payment of my claim?

The Department has now transitioned claim files and claim data to FIGA to continue the processing of claims. 

Does FIGA have limits on the covered claims they process and pay?
​The processing and payment of covered claims will be made by FIGA (subject to the lesser of policy limits or FIGA's maximum cap). The maximum amount FIGA will cover is your existing policy limit or $300,000. No claim will be paid in excess of this cap. All claims are subject to a $100 statutory deductible over and above any deductible identified in your policy. You may file a claim in the estate of the insurance company for the $100 deductible and for amounts over the cap. Some claims are covered by the guaranty association (FIGA) and some claims can only be filed against the estate of Windhaven because they are not covered by the guaranty association (FIGA).

I am a policyholder/insured and I just received a Summons/Complaint/Subpoena (lawsuit) regarding a claim I was involved in. What should I do?

Please email a copy of the summons/complaint/subpoena to litigation@agfgroup.org or fax it to 850-523-1888.

A lawsuit was filed against me prior to the receivership. Is the company still handling this on my behalf?

Pursuant to the Receivership Order and to Section 631.041(1), Florida Statutes, there is an automatic stay in place prohibiting judicial and administrative proceedings against the company.

I filed a lawsuit against WIC prior to their entry into receivership. Why can't the lawsuit progress?
​Pursuant to the Receivership Order and to Section 631.041(1), Florida Statutes, there is an automatic stay in place prohibiting judicial and administrative proceedings against the company.

Can I file a lawsuit against Windhaven Insurance Company?
​Pursuant to the Receivership Order and to Section 631.041(1), Florida Statutes, there is an automatic stay in place prohibiting judicial and administrative proceedings against the company. 

Where should I send additional bills or information regarding an existing claim with WIC?

Please send all documentation regarding a existing claim to FIGA:

MEDICAL BILLS:
Careworks /FIGA
2000 Mallory Lane
Ste 130-612
Franklin, TN  37067

 

ALL OTHER CLAIMS MAIL:
FIGA re Windhaven Insurance Company
P.O. Box 14249
Tallahassee, FL 32317

*Please reference your claim number on all correspondence.

How do I report a new claim ?

New WIC claims should be reported to the Florida Guaranty Association: you should contact FIGA at: 


Florida Insurance Guaranty Association
P O Box 14249
Tallahassee, Florida 32317
1-800-988-1450 (toll-free)

Fax 1-850-523-1888


www.figafacts.com

 

 

I have a question on an existing claim. Who do I call?

FIGA has been activated to help pay covered outstanding claims for Windhaven Insurance Company policies. Please call FIGA regarding all existing claims at 1-800-988-1450.

I need a Letter of Experience, how do I get one?
You may contact the Department by using the Contact Us form or by calling 1-850-413-3081 (toll free at 1-800-882-3054 for Florida residents).​

I need a copy of the PIP log, where do I get that from?

If the claim is Open, contact FIGA:

1-800-988-1450 (toll-free) Fax 1-850-523-1888 or www.figafacts.com

 

If the claim is Closed, contact the Florida Department of Financial Services. 

You may contact the Department by using the Contact Us form​ or by calling 1-850-413-3081 (toll free at 1-800-882-3054 for Florida residents)

How do I file a claim against the estate of WIC?

In order for a claim against the estate of Windhaven to be considered timely-filed, completed proof of claim forms must be submitted and postmarked by January 6, 2021.

How do I obtain a Proof of Claim form?
​On September 30, 2020 the mailing of approximately 55,000 proof of claim forms began via the U.S. Postal Service.   ​

If you haven't received a proof of claim form by November 1, 2020 and you would like one, please contact the Receiver by using the Contact Us Form​.  Alternatively, you may contact the Receiver at #850-413-3081 (toll-free to Florida Residents by calling #800-882-3054). 

Do I need to submit a proof of claim form to the Department in order to have the guaranty association (FIGA) make payments on my pending Windhaven claim?
​No. The guaranty association (FIGA) has access to the company claim files and will review your claim to determine if it is a covered claim on which payments may be due. If you are not certain that your claim is covered by the guaranty association and/or you wish to make a claim directly against the Windhaven receivership estate, you must submit a Proof of Claim form to the Department.

I have recently changed my name or mailing address and need to update the company’s records to make sure I receive any information mailed to me. What do I do?
​It is your responsibility to notify the Department, in writing, if you change your name or mailing address. You can download the appropriate form and instructions from the Department's website, www.myfloridacfo.com/division/receiver/. Whenever you are corresponding with the Receiver, be sure to reference your policy number and/or claim number which will allow the Department to associate your request with the correct receivership.

Windhaven Insurance Company Contact Information:
To Report a New Claim (800) 988-1450
To Discuss an Existing Claim (800) 988-1450

Who do I call for non-claims related questions?
​If you have any non-claims related questions regarding the receivership, please contact the Department at Consumer.Services@myfloridacfo.com or by calling (850) 413-3081 or toll free at 1-800-882-3054.

I am an Agent who owes unearned commission. Where should I send the payment?
​Effective October 12, 2021, payments should be sent to the following address: 

For Standard Payments Only:
State of Florida 
Division of Rehabilitation & Liquidation
P.O. Box 946694
Atlanta, GA 30394-6694 

For Express Payments Only:
Lockbox Services - #0865694
State of Florida
Division of Rehabilitation & Liquidation
3585 Atlanta Ave.
Hapeville, GA 30354



How do I contact the Florida Department of Financial Services which is the court-appointed Receiver of WIC?
​You may contact the Department by using the Contact Us Form or by calling 1-850-413-3081 (toll free at 1-800-882-3054 for Florida residents) or correspondence should be mailed to:

Florida Department of Financial Services,
Receiver of Windhaven Insurance Company
325 John Knox Road, Atrium Building, Suite 101
Tallahassee, FL 32303

Claims Information

When is the deadline for filing a claim in the receivership?
​The deadline for filing claims in the WIC receivership is January 6, 2021. 

How are claims paid in a receivership?
​The payment of claims in a receivership are paid in priority order as defined by Florida Statutes, Chapter 631. The only assets available for distribution are the assets of the company.

How do I file a claim against the estate of WIC?

​In order for a claim against the estate of Windhaven to be considered timely-filed, completed proof of claim forms must be submitted and postmarked by January 6, 2021.

When is the Department sending out proof of claim forms?
​On September 30, 2020 the mailing of approximately 55,000 proof of claim forms began via the U.S. Postal Service. 

How do I obtain a proof of claim form?
On September 30, 2020 the mailing of approximately 55,000 proof of claim forms began via the U.S. Postal Service.   

If you haven't received a proof of claim form by November 1, 2020 and you would like one, please contact the Receiver by using the Contact Us Form.  Alternatively, you may contact the Receiver at #850-413-3081 (toll-free to Florida Residents by calling #800-882-3054).​

Can I file a proof of claim form in the WIC estate after the filing deadline? Will it be considered late-filed?

​Yes, you may file a proof of claim. However, any form postmarked after January 6, 2021 will be processed as late-filed.

Why did I receive a proof of claim form?

​If you have received a proof of claim form, you have been identified as a potential claimant in the estate of WIC.  Receiving a proof of claim form does not mean that you do have a claim in the WIC estate, only that you were listed in the company records and could potentially have a claim.  Potential claimants can include loss claimants, policyholders, general creditors, agents, claims vendors etc.

Do I need to submit a proof of claim form to the Department in order to have the guaranty association make payments on my pending WIC claim?

​No. The guaranty association has access to the company claim files and will review your claim to determine if it is a covered claim on which payments may be due. If you are not certain that your claim is covered by the guaranty association and/or you wish to make a claim directly against the WIC receivership estate, you must submit a proof of claim form to the Department.

Do I need to submit a proof of claim form to the Department in order to have my Return Premium claim processed?

​No. Unearned premiums are covered by the Florida Insurance Guaranty Association.  Unearned premium refunds for amounts over $100 have been mailed on all policies impacted by the liquidation.  There is a statutory deductible of $100 applied and any unearned premium under $100 is subject to the deductible.  The Department will not require proof of claim forms from policyholders who have a potential return premium claim in the estate of WIC.  Potential claims include the return premium claims of policyholder claimants who had a policy in force on the date of liquidation and all other return premium claims who the department calculates are due return premium.  Policyholders do not need to do anything to file a timely claim for return premium or to have their claim accepted by the Department.

Do I need to submit a proof of claim form to the Department in order to have my invoices for claim related expenses paid?

​Yes.  If you have unpaid invoices for services related to specific claim files (IME, copy charges, legal defense fees, damage estimation, appraisers, adjusting etc.) your claim is considered a General Creditor, Class 6 claim. A guaranty association does not usually cover these. There may be insufficient assets to pay these types of claims, however, you must file a proof of claim form to have your claims considered. These types of claims are most often considered Master Claims as they involve more than one invoice.

How are claims paid in a receivership?

​The payment of claims in a receivership are paid in priority order as defined by Florida Statutes, Chapter 631. The only assets available for distribution are the assets of the company.

How do I report a new property and casualty claim?
​New WIC claims should be reported to the Florida Guaranty Association: you should contact FIGA at: 

Florida Insurance Guaranty Association
P O Box 14249
Tallahassee, Florida 32317

1-800-988-1450 (toll-free)
Fax 1-850-523-1888

www.figafacts.com

FIGA will process claims relating to damages are covered under your automobile policies.  Claims are subject to a $100 statutory deductible.

Financial Statements

The following documents are provided as Adobe Acrobat PDF files and are best viewed using the free Adobe Acrobat reader software.

DateTitleSize
09/30/2024Financial Statement203K
06/30/2024Financial Statement204K
03/31/2024Financial Statement239K
12/31/2023Financial Statement237K
09/30/2023Financial Statement237K
06/30/2023Financial Statement234K
03/31/2023Financial Statement237K
12/31/2022Financial Statement230K
09/30/2022Financial Statement233K
06/30/2022Financial Statement234K
03/31/2022Financial Statement229K
12/31/2021Financial Statement239K
09/30/2021Financial Statement255K
06/30/2021Financial Statement272K
03/31/2021Financial Statement273K
12/31/2020Financial Statement 551K
09/30/2020Financial Statement676K
06/30/2020Financial Statements207K