ACIC Frequently Asked Questions
What is LIGA?
The Louisiana Insurance Guaranty Association (LIGA) is a private association of insurance companies established by Louisiana law to provide certain benefits to the policyholders and claimants when a licensed and authorized insurer is deemed insolvent.
What does insolvency or liquidation mean?
An “insolvent insurer” means that a company is unable to pay all the amounts owed to claimants and creditors. “Liquidation” is a court proceeding in which the affairs of an insurer will be decided. Everyone who has claims against the insurer must file a “proof of claim” with the court appointed receiver. Receiver contact information is listed at the bottom of this form.
What is Affirmative Casualty Insurance Company?
Affirmative Casualty Insurance Company is a Louisiana insurance company which was admitted to sell automobile insurance in the state of Louisiana. Affirmative Casualty Insurance Company was declared insolvent by the 19th Judicial District Court on April 11, 2016, and is now in liquidation.
I received a notice, what do I need to do?
The receiver sent out many notices alerting people who may have insurance with, a claim against, or have done business with Affirmative Casualty Insurance Company. If Affirmative Casualty Insurance Company is currently insuring your vehicle(s), you should contact your insurance agent immediately to arrange replacement coverage.
Anyone owed money from Affirmative Casualty Insurance Company should file the Proof of Claim form as instructed. If you are unsure whether you are owed money or not, please consult with your agent or attorney. If you are not due any money from ACIC, you do not need to do anything.
I had insurance coverage with USAgencies Casualty Insurance Company, why did I get this notice?
During 2015, USAGENCIES Casualty Insurance Company changed its name to Affirmative Casualty Insurance Company.
Can I file a new policyholder claim against Affirmative Casualty Insurance Company?
Yes, continue to report a new policyholder claim or loss to Affirmative Casualty Insurance Company using the following number: (888) 723-0004.
How do I file a claim against Affirmative Casualty Insurance Company?
If you believe you have a claim against ACIC you must file a proof-of-claim with the Receiver by the bar date using the Proof-of-Claim form. To file by the bar date the Proof-of-Claim form must be postmarked or received by fax by the liquidator no later than 11:59 PM CST on December 31, 2016. Failure to file a timely proof-of-claim may result in denial of your claim. If you have more than one claim against ACIC a separate Proof-of-Claim must be submitted for each claim. You may make copies of the Proof-of-Claim form, request additional copies from the Receiver or download the form from the Receiver’s website at http://affirmativecasualty.com/.
What is the deadline for filing a claim against Affirmative Casualty Insurance Company?
The deadline to file a claim is December 31, 2016.
What benefits does LIGA provide?
Subject to statutory limitations, LIGA provides three policyholder benefits:
1.) Pays unearned premium claims owed by Affirmative Casualty Insurance Company.
2.) Pays automobile accident claims of Affirmative Casualty Insurance Company which cannot be paid by any other insurer.
3.) Defends lawsuits against Affirmative Casualty Insurance Company’s policyholders.
What is meant by other insurance?
Louisiana law states that any other available insurance coverage such as uninsured motorist coverage, collision coverage, workers compensation, health insurance and even Medicaid must pay claimants prior to or in place of Affirmative Casualty Insurance Company and LIGA. Depending upon the limits of the primary coverage, LIGA may have no responsibility.
I have an open lawsuit, what will happen to that proceeding?
A permanent injunction and stay has been granted for all claims against Affirmative Casualty Insurance Company. LIGA is afforded a separate statutory six month stay. While LIGA is hopeful that many claims can be resolved without litigation, the proper procedure to move a pending case forward at the end of the stay is to amend the instant case to name LIGA.
My claim will prescribe during the Stay; will I be barred if I wait until the LIGA Stay is lifted? How do I protect my rights?
If you would like to avoid prescriptive issues, you should file your suit naming and serving LIGA, but you should not take any further action during the stay. Your petition should reference the stay, thereby advising the court that no answer is expected in the normal periods.
NOTE, THE STAY DOES NOT WAIVE PRESCRIPTION. YOU MUST TAKE ACTION WITHIN THE APPROPRIATE STATUTE OF LIMITATIONS.
What is the claim process for auto claims?
The receiver is forwarding claims to LIGA. This may take several weeks. Upon receipt, LIGA will assign each case to an adjuster who will be responsible for:
1.) Investigation of the claim.
2.) Payment of covered claims as defined by statute.
3.) Refer petitions and suits to counsel for defense of insured on non-meritorious claims.
What is the claim process for unearned premium claims?
Claimants should file claims for return of unearned premium with the receiver. The receiver will check the records of the receiver and forward to LIGA information regarding any amounts due you. LIGA will pay claims based on the receiver’s information and recommendation.
What if I am a vendor who provided services to the insolvent insurance company and has invoices that are not paid?
LIGA does not fund general creditor claims against Affirmative Casualty Insurance Company for services rendered prior to the liquidation order. Agents, attorneys and other vendors are encouraged to file a proof of claim with the receiver if they are owed any amounts.
How can I contact LIGA?
Louisiana Insurance Guaranty Association
2142 Quail Run Drive
Baton Rouge, LA 70808-4126
NOTE, DUE TO THE VOLUME OF CLAIMS BEING REFERRED BY THE LIQUIDATOR, YOU MAY EXPERIENCE DELAYS IN RECEIVING RESPONSES. WE APOLOGIZE FOR THE INCONVENIENCE.
How do I contact the Receiver of Affirmative Casualty Insurance Company?
If you have questions for the Receiver regarding the Liquidation of Affirmative Casualty Insurance Company you may contact them at ACIC@riskreg.com or (888) 723-0004.