LIQUIDATION ORDER

Windhaven National Insurance Company ("Windhaven National") was found to be insolvent and placed into liquidation by the 419th Judicial District Court of Travis County, Texas on March 5, 2020. The ORDER APPOINTING LIQUIDATOR, PERMANENT INJUNCTION AND NOTICE OF AUTOMATIC STAY may be viewed here. The liquidation order triggered TPCIGA's statutory obligations to Texas policyholders and claimants under TEX. INS. CODE chapter 462, known as the Guaranty Act. The liquidation will be administered by a Special Deputy Receiver appointed by the Texas Commissioner of Insurance.

The liquidation order permanently enjoins all persons, including policyholders and creditors, from instituting or further prosecuting any action against Windhaven National except within the liquidation proceedings. In addition, the Texas Guaranty Act imposes an automatic six-month stay of proceedings in any case in which Windhaven was obligated to defend a party, effective until September 5, 2020.

CANCELLATION OF POLICIES

The liquidation order cancels all in-force insurance policies as soon as they expire or are replaced, but in no event later than April 4, 2020, the thirtieth day following the effective date of the Order.

If you need a letter of experience verifying your prior coverage with Windhaven National, please contact the Special Deputy Receiver for Windhaven National at windhaven@riskreg.com.

NEW & PENDING LOSS CLAIMS INFORMATION

You should report new claims to the Special Deputy Receiver for Windhaven National at windhaven@riskreg.com or (888) 616-0540.

TPCIGA is working with the SDR 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 4-6 weeks 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 Windhaven National, 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 Windhaven National is permanently enjoined by the liquidation order. Any pending lawsuit in which Windhaven National is obligated to defend a party is automatically stayed for a period of six months from the date of the liquidation order, or until September 5, 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 Windhaven National 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 SDR. It is not necessary to file a claim with TPCIGA for your unearned premium.

FLORIDA CLAIMS

Windhaven National's claims by or against Florida policyholders will be handled by the Florida Insurance Guaranty Association ("FIGA"). You may contact FIGA at (800) 988-1450 or visit its website at www.figafacts.com. FIGA is also handling claims of a related company, Windhaven Insurance Company, that was only licensed in Florida. Because this company was not licensed in Texas, TPCIGA is not handling claims of Windhaven Insurance Company.

 

THE HEARTH GROUP AND WINDHAVEN INSURANCE SERVICES, LLC

The Hearth Group and Windhaven Insurance Services, LLC were managing general agents owned by the same parent company that owned Windhaven National. They are not insurance companies. If your policy was issued through one of these groups, contact the insurer listed on the declarations page of your policy with any questions. TPCIGA has been provided the following numbers for two of these insurers:

Old American County Mutual (now handled by Sprinters Insurance) (305) 265-3100

The Hearth Group (State National Insurance Company) (833) 484-3432

Only claims under policies issued by Windhaven National will be handled by TPCIGA.

SDR CONTACT INFORMATION

The Special Deputy Receiver ("SDR") for Windhaven National is Risk & Regulatory Consulting, LLC. You may email the SDR at windhaven@riskreg.com, call (888) 616-0540 or visit its website at https://windhavennational.com for information about filing a proof of claim for matters not covered under the Guaranty Act.

You may view the Texas Department of Insurance's FAQs regarding the insolvency of Windhaven National here.

Information as of 06/18/2021

Windhaven National 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.  

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