Affirmative Insurance Company ("Affirmative")
Welcome to the webpage for Affirmative Insurance Company.
On March 24, 2016, Affirmative Insurance Company was ordered into
liquidation. Dana Popish Severinghaus, Director of Insurance of the State of Illinois,
is the statutory and court-affirmed Liquidator.
By Illinois law, the Director may appoint a Special Deputy Receiver to
administer the receivership. The Office of the Special Deputy Receiver has been appointed
to assist in the day-to-day administration of the liquidation proceedings under the direction
of the Director. Here is additional information on Affirmative Insurance Company:
|Rehabilitation Date:||September 16, 2015|
|Liquidation Date:||March 24, 2016|
|Claims Filing Deadline:||August 28, 2017|
|Contingent Claims Filing Deadline:||August 28, 2018|
|Docket Number:||2015 CH 13718|
|Related Documents and Links:|
On July 19, 2022, a Complaint for Declaratory Judgment and Other Relief was filed with the United States District Court for the Northern District of Illinois (Case No.: 1:22-cv-03709) on behalf of the Estate of Affirmative Insurance Company (and another Estate) seeking a determination of insurance coverage for a fraudulent spear phishing scheme that resulted in unrecovered wire transfers of approximately $1,830,000 from the accounts of Affirmative (and $2,150,000 from the accounts of the other Estate). The two defendants have filed separate motions to dismiss, which are fully briefed, and the parties are awaiting the court’s ruling.
|Historical Data:||Check the NAIC Global Receivership Information Database ("GRID")
for additional data on insurance companies in receivership.
On September 16, 2015, an Agreed Order of Rehabilitation was entered against Affirmative Insurance Company ("Affirmative") by the Circuit Court of Cook County, Illinois (the “Supervising Court”) in accordance with the provisions of Article XIII of the Illinois Insurance Code, 215 ILCS5/187 et. seq.
On March 1, 2016, Anne Melissa Dowling, Acting Director of the Illinois Department of Insurance, in her capacity as statutory and court-affirmed Rehabilitator of Affirmative filed the company’s 2015 Annual Statement, reporting an insolvency in excess of $30 million. Also on March 1, 2016, a Verified Complaint for Liquidation with a Finding of Insolvency was filed with the Supervising Court.
Contemporaneously with the filing of the Complaint for Liquidation, the Rehabilitator placed a moratorium on the further payment of claim, including the return of unearned premium. Claim checks and other payments issued by the Rehabilitator and mailed through February 29, 2016, continued to be honored by Affirmative’s banks.
On March 17, 2016, a status hearing was held on the Verified Complaint and the Supervising Court was advised that Affirmative had failed to file an answer to the Complaint and was in default. The Supervising Court then entered an order continuing the Complaint for further status and hearing on March 24, 2016, at which time the Supervising Court entered an Order of Liquidation With A Finding of Insolvency against Affirmative in accordance with the provisions of Article XIII of the Illinois Insurance Code, 215 ILCS5/187 et. seq. Upon entry of the Order of Liquidation, Affirmative’s in-force polices were immediately cancelled, subject to the provision of thirty days of continuing coverage afforded under each state’s property & casualty guaranty fund act. E.g., 215 ILCS 5/537.2.