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Troubled Poe companies may be forced to liquidate E-mail
Written by BY BEATRICE E. GARCIA   
Wednesday, 10 May 2006

State regulators have petitioned the Leon County Circuit Court to force the three Poe Financial Group insurers into liquidation because they have refused to consent to the dismantling of the companies.

'The companies' refusal only drains company resources that should be directed to pay outstanding claims,'' said Tom Gallagher, the state's chief financial officer.

The three firms -- Southern Family Insurance, Atlantic Preferred and Florida Preferred -- are severely impaired, and they haven't presented regulators with any plan for recovery and have consistently refused to consent to liquidation, said Tami Torres, a spokeswoman for the Department of Financial Services.

For the time being, Poe policyholders aren't impacted by the DFS action Tuesday.

Torres said DFS needs to force the liquidation of the companies now so it has sufficient time to arrange an orderly transfer of Poe policies by July 1 to Citizens Property Insurance, the state-run insurance pool, if homeowners can't find coverage in the private market. Unpaid claims will be transferred to the Florida Insurance Guaranty Association.

Citizens rates would apply to the transferred policies when they come up for their scheduled renewals after the transfer.

''Our focus now needs to be getting outstanding hurricane claims paid as quickly as possible,'' Gallagher added.

When state regulators took action last month, placing Atlantic Preferred and Southern Family in receivership, Florida Preferred had been given a month to line up reinsurance for the coming storm season to perhaps avoid liquidation. But according to court documents, it hasn't been able to buy reinsurance because of its financial condition.

Kevin McCarty, the state's insurance commissioner, sent a letter to Gallagher Tuesday asking him to force liquidation and have a receiver appointed for Florida Preferred as quickly as possible.

McCarty's letter noted that as of Dec. 31, Florida Preferred reported about $12 million in surplus and reserves to cover claims expenses. The state Office of Insurance Regulation estimates Florida Preferred's net losses, after subtracting the reserves, range between $800,000 and $21.8 million.

According to court documents, Atlantic Preferred's insolvency could range between $12.9 million and $68.9 million, based on the review of two actuaries from the state insurance regulator.

In an affidavit filed by one of the state actuaries, Atlantic Preferred had some $16 million in reserves as of Dec. 31.

Southern Family, which insures many condominium associations and apartment buildings, has an estimated total net loss ranging from $97 million and $301 million, according to the state actuary review. The company reported reserves of $24.7 million as of Dec. 31.

Once in liquidation, the Department of Financial Services would gain access to all financial records.

Southern Family 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. Together, the Poe companies are South Florida's second-biggest insurer.

http://www.miami.com/mld/miamiherald/business/14539931.htm

 

 
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