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An Order of Conservation With a Finding of Insolvency was entered against Agora Syndicate, Inc., on September 14, 2000. An Order of Liquidation
With a Finding of Insolvency was entered on November 15, 2000. A member of the Illinois Insurance
Exchange (n/k/a INEX ), the company is owned by MARL III, a holding company. Agora commenced business in 1989. Agora had been in run off since approximately July 1,
2000. The company wrote direct and assumed reinsurance under various programs of commercial general liability and liquor liability coverages. In addition, recreational facilities, manufacturing and premise related coverages were also offered in 40 states on an excess and surplus lines or non-admitted basis.
The claim filing deadline was November 15, 2001, with a
contingent claim date of November 15, 2002. 634 claims have been filed with the Liquidator.
Initially, the receivership proceedings were adversarial, with Agora contesting the Complaint for Liquidation. The Order of Liquidation was entered over their objections. The company appealed. The Appellate Court issued its decision in favor of the Liquidator, affirming the lower court's order. The company petitioned the Illinois Supreme Court for leave to appeal, which was denied. While the appeals were pending, the liquidation proceedings were not stayed and an Appeal Pendency Plan was approved by the Court.
The liquidation is currently proceeding in the normal course.
The Liquidator's involvement in litigation with INEX is now
resolved. On November 26, 2003, the court entered an order
approving the INEX Plan of Distribution. The INEX Guaranty Fund's assets
are available for distribution on a pro rata basis to the policyholders
of all syndicate insolvencies who have covered claims under the INEX Guaranty
Fund's plan of operation. Distribution will be made when all other
open estate issues are at or near completion.
On December 20, 2006, the supervisory court entered an order
approving the Liquidator's plan of final distribution, which will result
in a 64.3086% dividend on all allowed priority level (d) claims. The
liquidation proceedings have been terminated and the estate has been
closed.
Last updated July 2009
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