Frequently Asked Questions About Galen Insurance Company in Liquidation
The Circuit Court of Cole County, Missouri has declared Galen Insurance Company (“Galen”) insolvent and has ordered the company into liquidation effective May 31, 2017. This document will help to answer frequently asked questions about making claims and the liquidation procedure.
Q. What is a liquidation proceeding?
A. Liquidation is a type of receivership and is similar to bankruptcy. When an insurance company is impaired, insolvent, in unsound condition, or its further transaction of insurance would be hazardous to its policyholders, the Missouri Insurance Code authorizes the Director of the Missouri Department of Insurance to ask the Circuit Court of Cole County, Missouri (the "Court") for an Order directing the Director to liquidate the insurance company.
A Liquidation Order directs the Director, in the Director’s capacity as Liquidator, to (i) take or maintain possession of the property of the insurer, (ii) conduct the insurer’s business, and (iii) take such steps to liquidate (wind-up the affairs of) the business of the insurer as the Court shall direct.
Q. Who is in charge of Galen during Liquidation?
A. The Liquidator is in charge of Galen during Liquidation. On May 31, 2017, the Court signed a Liquidation Order, which appointed the Director as Liquidator of Galen. The Liquidator’s counsel is Tamara W. Kopp, who will assist the Liquidator with managing Galen during liquidation. At this time, the Liquidator has not appointed anyone to act as the Special Deputy Liquidator (“SDL”) to carry out the responsibilities of the Liquidator with respect to the liquidation of Galen. Only persons appointed by the Liquidator or SDL to assist in liquidating Galen will have authority to act on behalf of Galen.
Q. Why was Galen placed into Liquidation?
A. Based upon the financial records of Galen, the Liquidator determined that Galen was insolvent, that it did not have sufficient liquid assets to pay its liabilities as they became due, and that efforts to rehabilitate Galen would not be feasible. After a hearing in the Court, the Court found that Galen was insolvent, and the Court issued the Liquidation Order with a Finding of Insolvency. The Liquidation Order set a Bar Date for the filing of all Proofs of Claim of April 30, 2018.
Q. What is a Guaranty Association or Fund and what does it do?
A. Certain Galen policy claims might qualify for coverage from a guaranty association in the state of the claimant's residence or the state of the policyholder's residence. Guaranty associations and funds were created by state law to provide protection to policyholders and claimants in the event of a member insurer's liquidation. The state law which created each guaranty association or fund has limitations and other eligibility requirements, including certain limitations on the amount of coverage available or the types of policyholders or claims covered. The Liquidator cannot make a determination concerning the amount of guaranty association or fund coverage available to a policyholder or claimant. That determination will be made by the guaranty association or fund. A list of the state guaranty associations can be found at: http://ncigf.org/media/files/Alphabetical_Listing_of_Members_February2017.pdf.
Q. Will my claims be paid in full by the insurance guaranty associations?
A. Some state insurance guaranty associations have maximum benefit limits. These limits are established by state law and can vary from state to state. You may access more information regarding specific state guaranty associations at ncigf.org.
Q. Am I required to file a Proof of Claim with the Receiver by the Bar Date of April 30, 2018?
A. If you have a claim against Galen and wish to pursue that claim, you must file a Proof of Claim by the Bar Date of April 30, 2018, for your claim to be considered in one of the priority classes. If you have a claim which would be covered by a guaranty association or fund, you should check with the applicable guaranty association or fund to determine whether you are required to file a Proof of Claim in the Galen estate in order to pursue coverage from the guaranty association or fund. The Liquidator strongly suggests that you file a Proof of Claim even if you believe you have guaranty association or fund coverage because some guaranty association or fund coverage is limited. If you fail to file a properly completed, timely Proof of Claim, you might not qualify for certain coverages and you might be disqualified from participating in a higher priority class or from receiving distributions of assets that eventually become available for your class of claims.
Q. How do I file a claim against Galen?
A. A Proof of Claim must be submitted by the Bar Date which is April 30, 2018. Claims submitted after that date are considered late filed and, if permitted by the Liquidator, will be assigned to a lower Priority Class.
The Proof of Claim, along with a set of instructions, is posted on this website. All Proofs of Claim must be signed and notarized, and the original signatures of the claimant and notary must be submitted to the address on the Proof of Claim. Proofs of Claim cannot be submitted electronically or by facsimile.
Documents that support your claim must be attached to the Proof of Claim. Please answer all applicable questions on the Proof of Claim. Missing information will slow the processing of your claim.
Additionally, you should submit a separate Proof of Claim for each claim that you have against Galen. For instance, if you are a policyholder of Galen and have both a claim for a return of unearned premium (the portion of the premium which you already paid for the period between the cancellation date of your policy and the stated expiration date on your policy) and a claim arising out of an alleged covered claim under a policy, please submit a separate Proof of Claim for each of those claims.
Provide as much detail as needed to support your claim on your Proof of Claim.
The Liquidator strongly encourages all potential claimants to submit their Proofs of Claim as soon as possible to avoid a claim being considered untimely filed after the April 30, 2018, Bar Date.
Q. What happens to my claim against Galen?
A. The Liquidation Order includes injunctions against certain conduct. Please read the Liquidation Order carefully as there are penalties for violations of the injunctions. As a result of the entry of the Liquidation Order, Galen is not able to pay its claims at this time. Over time the Liquidator will liquidate the assets of Galen and evaluate the claims against Galen. Once the Receiver evaluates all claims, the Liquidator will make recommendations to the Court. Once the process of liquidating Galen’s assets and determining Galen’s liabilities is complete, the remaining available assets will be distributed to classes of claimants in the priority order established in the Missouri Insurance Code. Certain claims might qualify for coverage from a guaranty association.
Q. What happens if I have, or want to bring, a lawsuit against Galen?
A. No action at law or equity or in arbitration shall be brought against Galen or the Liquidator, whether in Missouri or elsewhere, nor shall any such existing actions be maintained or further presented after issuance of the Liquidation Order. The Liquidator may intervene in any action against Galen in order to protect Galen’s assets. If your lawsuit is against a policyholder of Galen, then – at the election of the appropriate state guaranty association – the association may seek a stay of that litigation until such time as claim files are received by the association and the claim is evaluated for coverage.
Q. What happens to my service contract with Galen?
A. The Liquidation Order enjoins any vendor or other party under any contract from proceeding to act for or on behalf of Galen or from binding Galen without express written authorization from the Liquidator, the SDL or the Court. You might be authorized to continue providing services under your contract if the Liquidator or the SDL determines that it is in Galen’s best interest. Without the express written authorization of the Liquidator or SDL, no vendor or other contracting party may take any action concerning Galen’s assets, business, or affairs.
Q. May I file a contingent claim?
A. Yes. Under Missouri law a person may file a claim even if it is a “contingent claim.” A “contingent claim” is one where the liability of the company is not yet determined or is dependent on the outcome of another event. If you file a contingent claim, complete the Proof of Claim, and indicate in the space for Amount of Claim “undetermined.” When further information becomes available, the claimant should immediately inform the Liquidator of the particulars and supplement the Proof of Claim by providing documentation of the claim.
Q. Whom can I contact if I have a question regarding Galen and/or the Liquidation Proceeding?
A. You call Tamara W. Kopp, counsel for the Liquidator, or send an email to firstname.lastname@example.org, or write:
c/o DIFP Receivership Section
P.O. Box 690
Jefferson City, MO 65102
Additional information regarding the Galen receivership will be posted from time to time on this website.
Last Updated: May 31, 2017