TPCIGA-Gateway Ins Co

LIQUIDATION ORDER

Gateway Insurance Company ("Gateway") was declared insolvent and placed into liquidation by an Illinois court on June 10, 2020. The AGREED ORDER OF LIQUIDATION WITH A FINDING OF INSOLVENCY may be viewed here. The liquidation order triggered the Texas Property and Casualty Insurance Guaranty Association's ("TPCIGA") statutory obligations to Texas policyholders and claimants under TEX. INS. CODE chapter 462, known as the Guaranty Act. The liquidation will be administered by the Illinois Office of Special Deputy Receiver ("OSD").

The liquidation order permanently enjoins all persons, including policyholders and creditors, from instituting or further prosecuting any action against Gateway except within the liquidation proceedings. In addition, the Texas Guaranty Act imposes an automatic six-month stay of proceedings in any case in which Gateway was obligated to defend a party, effective until December 10, 2020.

CANCELLATION OF POLICIES

The liquidation order cancels all in-force insurance policies as soon as they expire, are replaced or cancelled, but in no event later than 12:01 a.m. on July 11, 2020, the thirty-first day following the effective date of the Order.

NEW & PENDING LOSS CLAIMS INFORMATION

All new claims should continue to be reported to Archer Group Management at (847) 472-6700.

TPCIGA is working with the Illinois Office of Special Deputy Receiver to arrange for transfer of the Texas claims to TPCIGA for handling. Policyholders and claimants are requested to forgo contacting TPCIGA on non-hardship matters for four weeks, or until July 13, 2020, to allow sufficient time for the file transfer and initial review. TPCIGA will be unable to discuss the status of pending claims until the files have been transferred.

If you have insurance through another carrier, including uninsured motorists' coverage or health insurance, that insurance is now primary, and you should contact your carrier to make a claim. All forms of other available insurance must be exhausted before TPCIGA can consider payment of your claim.

If your vehicle needs repairs or is presently in the repair shop, and your claim is against an insured of Gateway, you should proceed under your own collision or uninsured motorist coverage and seek reimbursement of your deductible from TPCIGA. If you are an insured with a property damage claim and your car is undriveable and/or in the shop, we will attempt to prioritize your claim.

LAWSUITS AND STAY OF LITIGATION

Litigation against Gateway is permanently enjoined by the liquidation order. Any pending lawsuit in which Gateway is obligated to defend a party is automatically stayed for a period of six months from the date of the liquidation order, or until December 10, 2020, pursuant to TEX. INS. CODE §462.309. The statute of limitations is not tolled by the automatic stay.

PRIOR OR PENDING SETTLEMENTS

TPCIGA is not bound by a settlement or release entered into by Gateway or its insureds, and such a settlement is not evidence of liability or damages against TPCIGA or an insured. TEX. INS. CODE §462.303. TPCIGA is obligated to review all claims to determine the extent to which they may be payable under the Guaranty Act.

UNEARNED PREMIUM

Claims for unearned premium will be processed as soon as possible after TPCIGA receives all necessary financial information from the OSD. It is not necessary to file a claim with TPCIGA for your unearned premium.

RELATED COMPANIES

Gateway was part of a group of companies called the Atlas Group. The other members of the group - American Service Insurance Company and American Country Insurance Company - have not been declared insolvent or ordered liquidated. TPCIGA is only handling claims arising under policies issued by Gateway Insurance Company.

OSD CONTACT INFORMATION

Contact the Office of Special Deputy Receiver by calling (312) 836-9500 or visiting its web site at https://www.osdchi.com.

Information as of 06/12/2020

Gateway Insurance Company

Information on this site is not legal advice and is not intended to be a comprehensive statement of the law or of the TPCIGA's policies and procedures. References to the laws of any jurisdiction are for informational purposes only and are not a substitute for the official version of a statute. TPCIGA makes no warranty as to the accuracy or reliability of the content of this website or other related websites.