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Receivership and insolvency issues

Estate claim adjudication and audits.

Investigating, evaluating, adjudicating, and auditing the claims filed against an insurer in liquidation.

About this practice area

Closing out the claims against an estate.

When an insurer is placed in liquidation, policyholders, claimants, and creditors file proofs of claim against the estate. Before the estate can pay and close, each claim must be investigated, valued, and either agreed or adjudicated, often in a supervisory court or before a referee.

Receivership & Insolvency Issues

Auditing the claims an insurer paid.

Receivers also audit the claims the insurer paid before it failed, drawing a random sample of the claim population to test the accuracy of payments and the adequacy of file documentation. The results support the receiver’s decisions and, where needed, claims against those responsible.

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Estate claims on the left matched across a solid audit line to the proofs that support them; the one claim without a proof is flagged amber
Claims & Reserve Auditing

Adjudicating the claims filed against the estate.

The work resembles claim handling with the stakes of litigation: the claims may be years old, the insurer’s own staff may be gone, and many carry policy-limits exposure. Risk retention groups in liquidation present the same questions across a concentrated line of business, such as medical malpractice, nursing home liability, or commercial transportation.

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Estate claims queued to a solid adjudication gate; allowed claims pass through to the paid stack and one is turned aside, disallowed, marked amber
Engagements

Adjudicated and audited, claim by claim.

Adjudications and audits for receivers and Directors of Insurance acting as receiver, many of them for risk retention groups in liquidation.

Testifying expert · Report, Deposition

Errors-and-omissions suit against a failed risk retention group’s directors, auditors, and actuaries

2-daydeposition
Finalreport issued
Settledafter the deposition

Receiver’s expert

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Retained by the Special Deputy Liquidator for a South Carolina domiciled medical malpractice risk retention group in Liquidation. The Special Deputy Liquidator is suing the company’s former directors and officers, accountants, auditors, and actuaries for errors and omissions. Mr. Bingham has completed an extensive review of the company’s claim files and information management systems and has issued a final report. Upon completion of Mr. Bingham’s two day deposition the cases settled on terms favorable to the Receiver and the South Carolina Department of Insurance.

Court of Common Pleas, Fifth Judicial Circuit, Richland County, South Carolina

Also listed under: Testimony for Receivers and Regulators · Claims Handling Review · Testimony record

Testifying expert · Report, Deposition

Claim audit of an insolvent carrier’s property losses

2opinion reports
Randomsample of the claim population

Estate claims and audits

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Retained by the Receiver of an insolvent carrier to perform a claim audit and examination of property losses. A random selection of the claim population was examined to form opinions about claim handling and payment to determine accuracy of payments and adequacy of claim file documentation.

Also listed under: Reserve adequacy studies · Claim audits and file scoring · Testimony for Receivers and Regulators · Claims Handling Review · Testimony record

Similar matters, grouped

Open a group to see each matter in it.

6 matters

Estate claim adjudications for Directors of Insurance as Receiver

Claims filed against insurers and risk retention groups in liquidation, investigated, negotiated, and adjudicated, most of them in a supervisory court.

Supervisorycourt adjudications
Hearingclaims taken through to hearing
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Supervisory-court adjudication of a medical malpractice claim bookConsultingEstate claims and auditsRead moreShow less

Retained by the South Carolina Director of Insurance as Receiver to investigate, negotiate, and adjudicate in the supervisory court a book of medical malpractice claims. This assignment is heavily composed of claims in New York, New Jersey, and throughout New England and is currently ongoing. The bulk of these claims have policy limits exposures.

Final adjudication of claims against two risk retention groups in liquidationConsultingEstate claims and auditsRead moreShow less

Retained by the South Carolina Director of Insurance to perform the final claim evaluation and adjudication of claims against two Risk Retention Groups in liquidation. This assignment included the investigation, evaluation, and negotiation through hearing of all timely filed proof of claims in the estate.

Final adjudication of a nursing home liability risk retention group’s claimsConsultingEstate claims and auditsRead moreShow less

Retained by the Montana Director of Insurance to perform the final claim evaluation and adjudication of claims against a Nursing Home Liability Risk Retention Group in liquidation. This assignment includes the investigation, evaluation, and negotiation through hearing of all timely filed proof of claims in the estate.

Adjudication of a propane haulers’ claim bookConsultingEstate claims and auditsRead moreShow less

Retained by the South Carolina Director of Insurance as Receiver to investigate, negotiate, and adjudicate in the supervisory court a book of claims for propane haulers. Many of these claims have policy limits exposures.

Adjudication of claims against Philadelphia taxicab ownersConsultingEstate claims and auditsRead moreShow less

Retained by the South Carolina Director of Insurance as Receiver to investigate, negotiate, and adjudicate in the supervisory court a book of claims against Philadelphia taxicab owners.

Adjudication of a commercial trucking risk retention group’s claimsConsultingEstate claims and auditsRead moreShow less

Retained by the South Carolina Director of Insurance as Receiver to investigate, negotiate, and adjudicate in the supervisory court a book of claims against a risk retention group for commercial trucking.

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