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On September 16, 2015, an Agreed Order of Rehabilitation was entered against Affirmative Insurance Company ("Affirmative") by the Circuit Court of Cook County, Illinois pursuant to 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 Insurance of the State of Illinois, in her capacity as statutory and court-affirmed Rehabilitator of Affirmative Insurance Company ("AIC") filed AIC’s 2015 Annual Statement, reporting an insolvency in excess of $30 million. A Complaint for Liquidation with a Finding of Insolvency was also filed on March 1 with the Illinois Supervising Court.

As a consequence of these filings, the Rehabilitator is required to immediately place a moratorium on further claim payments, including the return of unearned premium.  The moratorium went into effect March 1, 2016. Claim checks and other payments that were issued by the Rehabilitator and mailed through February 29, 2016, will continue to be honored by AIC’s banks. Director Dowling expects that it will take approximately two weeks to obtain an Order of Liquidation from the Supervising Court.

AIC currently has policies in-force in AL, CA, IL, IN, LA, MO and TX. Upon entry of an Order of Liquidation, AIC’s in-force polices will be 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.

Additional information concerning AIC can be found by contacting the Office of the Special Deputy Receiver 312-836-9500.

On March 17, 2016, a status hearing was held on the Verified Complaint for Liquidation filed against Affirmative.  The Court was advised that Affirmative had failed to file an answer to the Complaint and was in default.  The Court then entered an order continuing the Complaint for further status and hearing on March 24, 2016.

On March 24, 2016, an Order of Liquidation With A Finding of Insolvency was entered against Affirmative Insurance Company (“Affirmative”) by the Circuit Court of Cook County, Illinois pursuant to the provision of Article XIII of the Illinois Insurance Code, 215 ILCS5/187 et. seq.