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LAW OFFICES OF
PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP
PRINDLE, AMARO, GOETZ,
HILLYARD, BARNES & REINHOLTZ LLP
ELECTRONICALLY
Kenneth B. Prindle, Esq. (Bar No. 82691) FILED
Grace C. Mori, Esq. (Bar No. 168812) Superior Court of California,
Carla Lynn Crochet, Esq. (Bar No. 181735) County of San Francisco
One California Street, Suite 1910 OCT 13 2010
San Francisco, California 94111 Clerk of the Court
Telephone: (415) 788-8354 BY: WILLIAM TRUPEK
Facsimile: (415) 788-3625 Deputy Clerk
Attorneys for Defendant,
CONSOLIDATED INSULATION, INC,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION
PAUL VAN DEGRIFT, CASE NO, CGC 09-275076
Plaintiffs, NOTICE OF ORDERS OF REHABILITATION
OF ATLANTIC MUTUAL INSURANCE
v. COMPANY AND CENTENNIAL INSURANCE
COMPANY, AND STAY OF ACTION
ASBESTOS DEFENDANTS (BP), et al,
Defendants.
TO THE HONORABLE COURT, AND TO ALL PARTIES AND THEIR ATTORNEYS
OF RECORD:
PLEASE TAKE NOTICE that Orders of Rehabilitation have been entered as fo Atlantic
Mutual Insurance Company and Centennial Insurance Company, staying all litigation in which
Atlantic Mutual Insurance Company and/or Centennial Insurance Company are obligated to defend a
party for a period of 180 days. Since Defendant CONSOLIDATED INSULATION, INC. is an
insured of Atlantic Mutual Insurance Company, the above-entitled action/lawsuit is stayed for a
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NOTICE OF ORDERS OF REHABILITATION OF ATLANTIC MUTUAL INSURANCE
COMPANY AND CENTENNIAL INSURANCE COMPANY, AND STAY OF ACTIONi
:
LAW. OFFICES OF
PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP
OO NH Ot
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period of 180 days, pursuant to the terms of the aforementioned Orders of Rehabilitation, True-and
correct copies.of the Order of Rehabilitation of Atlantic Mutual Insurance Company and the Order
of Rehabilitation of Centennial Insurance Company are attached herewith.
Respectfully submitted,
DATED: Oetober_[Z-2010
PRINDLE, AMARO, GOETZ,
HILLYARDBARNES & REINHOLTZ LLP
os
AA a
2
GRACE C. MORT
CARLA-LYNN CROCHET
Attorneys for Defendant,
CONSOLIDATED INSULATION, INC,
NOTICE OF ORDERS OF REHABILITATION OF ATLANTIC MUTUAL INSURANCE
COMPANY AND CENTENNIAL INSURANCE COMPANY, AND STAY OF ACTIONORDERSscaneoouueusoe
FOR THE FOLLOWING REASON(S):
MOTION/CASE IS RESPECTFULLY REFERRED TO JUSTICE
SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY
PRESENT: & AKOw pant / >
Justice
Anaune Moves Lovsendwee Ce moro, GOZ PERC 0
LE? en,
MOTION DATE
-~ve
fe MOTION SEQ. NO. CL.
=; MOTION CAL, NO.
The following papers, numbered 1 to
were read on this motion to/for
PAPERS NUMBERED
Notice of Motion/ Order to Show Cause ~ Affidavits — Exhibits ...
Answering Affidavits — Exhibits
Replying Affidavits
Cross-Motion: [1 Yes [CNo ve?
¢\ ro
ek sh
“agor™
Upon the foregoing papers, It is orderad that this motion
co .
MOTION 1S DECIDED IN ACCORDA’
THE ACCOMPANYIN ane ,
ORDERS
Dated:
IN. EILEEN A. RAKOWER
Check one: FINAL DISPOSITION NON-FINAL DISPOSITION
Check if appropriate: [|] DO NOT POST (J REFERENCE
: SUBMIT ORDER/ JUDG. () SETTLE ORDER/ JUDG.At JAS Part 15 of the Supreme Court
of the State of New York, County of
New York, at the courthouse,
80 Centre Street, in the County, City
it State of York, on the
di
lay of t 2010,
PRESENT:
HON. EILEEN A, RAKOWER, J.S.C.
meet nantr ere nenn eaten mmenenenment te meet na nen natntmatm niet
In the Matter of
the Application of ‘
Index No.: \ ago \
James J. Wrynn, Superintendent of Insurance
of the State of New York, for an order of quo
rehabilitation of e
s you’ caer
ATLANTIC MUTUAL INSURANCE COMPANY and “wen eos .
CENTENNIAL INSURANCE COMPANY. at CM
aetecetesnenteneeneecernveneesenestomunene seen nernenneenenen X cook
ORDER OF REHABILITATION OF ATLANTIC MUTUAL INSURANCE COMPANY
Petitioner, James J. Wrynn, Superintendent of Insurance of the State of New York
(the “Superintendent”), having moved this Court for an order placing Atlantic Mutual Insurance
Company (“Atlantic Mutual”) into rehabilitation, and upon reading and filing the petition of the
Superintendent, duly verified the 23 day of August, 2010, the affidavit of Eugene Bienskie,
swom to August 18, 2010, and the exhibits annexed thereto; this Court finds that:
1 Atlantic Mutual was incorporated under the laws of the State of New York on
April 11, 1842;
2. Atlantic Mutual’s statutory home office is located at 100 Wall Street, 28" Floor,
New York, New York, 10005;
3. Atlantic Mutual is subject to the New York Insurance Law (“Insurance Law”)
and, in particular, to Article 74 thereof;
4, Atlantic Mutual is insolvent; andj
:
i
3.
Atlantic Mutual and the Board of Trustees of Atlantic Mutual have consented, to
an entry of an order of rehabilitation pursuant to Article 74 of the New York Insurance Law;
NOW, on motion of Andrew M. Cuomo, Attorney General of the State of New York, it is
ORDERED as follows:
1,
2,
The relief requested in the petition for an order of rehabilitation is granted;
The Superintendent, and his successors in office, are appointed rehabilitator
(‘Rehabilitator’) of Atlantic Mutual and are: (i) vested with all powers and
authority expressed or implied under Insurance Law Article 74, in addition to the
powers and authority set forth in this Order, and {ii) authorized and directed to
take such steps and enter into such arrangements as they deem necessary to take
possession and/or control of Atlantic Mutual’s property, conduct Atlantic
Mutual’s business and remove the causes and conditions that make this .
proceeding necessary as they shall deem prudent and advisable;
The Rehabilitator may deal with the property and business of Adantic Mutual in
its name or in the name of the Rehabilitator;
Notice directing all persons having claims against Atlantic Mutual to file or
present their claims to the Rehabilitator is deferred until further order of this
Court;
Atlantic Mutual and each of its officers, directors, shareholders, members,
depositories, trustees, policyholders, agents, servants, employees, attormieys,
managers and affiliates, and all firms, corporations, associations and other persons
or entities having any property belonging to or relating to Atlantic Mutual,
including but not limited to business records, insurance policies, claims files
(electronic or paper), software programs, bank records or any tangible or
intangible items of yalue, shall preserve such property and are directed, upon the
Rehabilitator’s request, to promptly assign, transfer, tum over and deliver such
property to the Rehabilitator or his designees;
‘Any person or entity providing claims processing services, data processing
services, electronic records retention services or other information technology
services to Atlantic Mutual shall maintain and preserve all information in its
possession (“Information”) relating in any way to Atlantic Mutual , wherever
located, including but not limited to all documents, data, electronic files and
records, computer equipment (i.¢., servers and printers), software programs and
software licenses owned or leased by Atlantic Mutual and are directed, upon the
Rehabilitator’s request, to promptly submit all such Information to the
Rehabilitator or his designees;
Any bank, savings and loan association, other financial institution or any other
entity or person, which has on deposit or in its possession, custody or control of10.
1.
12.
13.
any of Atlantic Mutual’s funds, accounts or assets shall immediately upon the
Rehabilitator’s request and direction: (i) tm over custody and control of such
funds, accounts or assets to the Rehabilitator or his designees; (ii) transfer title of
such funds, accounts or assets to the Rehabilitator or his designees; (iii) change
the name of such accounts to the name of the Rehabilitator; (iv) transfer funds
from such bank, savings and loan association or other financial institution; or
{v) take any other action necessary for the proper conduct of the rehabilitation
proceeding;
The officers, directors, shareholders, members, depositories, trustees,
policyholders, agents, servants, employees, attorneys, managers and affiliates of
Atlantic Mutual and all other persons other than the Superintendent and his agents
are permanently enjoined and restrained, except as authorized by the
Superintendent, from: (i) transacting the business of Atlantic Mutual, (ii) wasting
or disposing of or permitting to be done any act or thing that might waste or
dispose of Atlantic Mutual’s property; (iii) interfering with the Rehabilitator in the
possession, control and management of Atlantic Mutual’s property or in the
discharge of his duties; and (iv) disclosing the name, address or contact
information of Atlantic Mutual’s policyholders, or any other information that is
proprietary to Atlantic Mutual’s or not in the public domain, except as may be
authorized by the Rehabilitator;
All persons are permanently enjoined and restrained from commencing or
prosecuting any actions or proceedings against Atlantic Mutual , the Rehabilitator
or the New York Liquidation Bureau, its employces, attorneys or agents, with
respect fo any claims against Atlantic Mutual;
All persons are permanently enjoined and restrained from obtaining preferences,
Judgments, attachments or other liens, or making any levy against Atlantic
_ Matual’s assets or any part thereof,
All parties to actions, lawsuits or special or other proceedings (“Litigation”) in
which Atlantic Mutual is obligated to defend a party pursuant to an insurance
policy, bond, contract or otherwise are enjoined and restrained from prosecuting,
advancing or otherwise taking any action within such Litigation, including but not
limited to trials, hearings, conferences or other court proceedings, applications or
other requests to the court of any nature, proceedings on defaults, settlements or
judgments, service of documents, motions, discovery or any other litigation tasks
or procedures for a period of 180 days from the date of entry of this Order;
The Rehabilitator may at any time make further application to this Court for such
further and different relief as he sees fit;
A copy of this Order shall be served forthwith by certified and regular mail upon:
Nancy Hahon, President of Atlantic Mutual, at the statutory home office of
Atlantic Mutual, located at 100 Wall Street, 28" floor, New York, NY, 10005.:
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15,
16,
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The Rehabilitator shall provide notice of this Order to all creditors, claimants and
other interested persons by posting on the internet web page maintained by the
New York Liquidation Bureau at http://www.nylb,org within 30 days after the
entry of this Order;
Judicial immunity is extended to the Superintendent in his capacity as
Rehabilitator and his successors in office and their ageats and employees and such
immunity is extended to them for any cause of action of any nature against them,
individually or jointly, for any action or omission by any one or more of them
when acting in good faith, in accordance with this Order, or in the performance of
their duties pursuant to Insurance Law Article 74;
This Court shall retain jurisdiction over this matter for all purposes;
All further papers with respect to Atlantic Mutual in this proceeding shall bear the
caption:
Tn the Matter of
the Rehabilitation of
ATLANTIC MUTUAL INSURANCE COMPANY
ENTERAt LAS Part 15 of the Supreme Court
of the State of New York, County of
New York, at the courthouse,
80 Centre Street, in the County, City
and State of New. York, on the
I day of E/T, 2010,
PRESENT:
HON, EILEEN A. RAKOWER,
Tn the Matter of
the Application of
Index No.: 402424/10
James J. Wrynn, Superintendent of Insurance
of the State of New York, for an order of
rehabilitation of
ATLANTIC MUTUAL INSURANCE COMPANY and
CENTENNIAL INSURANCE COMPANY.
aerate tt cen meee nennenennnnnenennnnneennnnamene mantener xX
ORDER OF REHABILITATION OF CENTENNIAL INSURANCE COMPANY
Pelitioner, James J. Wrynn, Superintendent of Insurance of the State of New York
(the “Superintendent”}, having moved this Court for an order placing Centennial Insurance
Company (“Centennial”) into rehabilitation, and upon reading and filing the petition of the
Superintendent, duly verified the 23 day of August, 2010, the affidavit of Eugene Bienskie,
sworn to August 18, 2010, and the exhibits annexed thereto; this Court finds that:
1, Centennial was incorporated under the laws of the State of New York on
September 5, 1941;
2. Centennial’s statutory home office is located at 100 Wall Street, 28" Floor, New
York, New York, 10005;
3, Centennial is subject to the New York Insurance Law (“Insurance Law”) and, in
particular, to Article 74 thereof
4, Centennial is insolvent; and5,
of an order of rehabilitation pursuant to Article 74 of the New York Insurance Law;
Centennial and the Board of Directors of Centennial have consented, to an entry
NOW, on motion of Andrew M. Cuomo, Attorney General of the State of New York, it is
ORDERED as follows:
1
2.
The relief requested in the petition for an order of rehabilitation is granted;
The Superintendent, and his successors in office, are appointed rehabilitator
(‘Rehabilitator”) of Centennial and are: (i) vested with all powers and authority
expressed or implied under Insurance Law Article 74, in addition to the powers.
and authority set forth in this Order; and (ii) authorized and directed to take such
steps and enter into such arrangements as they deem necessary to take possession
and/or control of Centennial’s property, conduct Centennial’s business and
remove the causes and conditions that make this proceeding necessary as they
shall deem prudent and advisable;
The Rehabilitator may deal with the property and business of Centennial in its
name or in the name of the Rehabilitator;
Notice directing all persons having claims against Centennial to file or present
their claims to the Rehabilitator is deferred until further order of this Court;
Centennial and each of its officers, directors, shareholders, members, depositories,
trustees, policyholders, agents, servants, employees, attomeys, managers and
affiliates, and all firms, corporations, associations and other persons or entities
having any property belonging to or relating to Centennial, including but not
limited to business records, insurance policies, claims files (electronic or paper),
software programs, bank records or any tangible or intangible items of value, shall
preserve such property and are directed, upon the Rehabilitator’s request, to
promptly assign, transfer, turn over and deliver such property to the Rehabilitator
or his designees;
Any person or entity providing claims processing services, data processing
services, electronic records retention services or other information technology
services to Centennial shall maintain and preserve all information .in its
possession (“Information”) relating in any way to Centennial , wherever located,
including but not limited to all documents, data, electronic files and records,
computer equipment (j.¢,, servers and printers), software programs and software
licenses owned or leased by Centennial and are directed, upon the Rehabilitator’s
request, to promptly submit all such Information to the Rehabilitator or his
designees;
Any bank, savings and loan association, other financial institution or any other
entity or person, which has on deposit or in its possession, custody or control of
any of Centennial’s funds, accounts or assets shal! immediately upon the|
il.
13.
14,
Rehabilitator’s request and direction: (i) turn over custody and control of such
funds, accounts or assets to the Rehabilitator or his designees; (ii) transfer title of
such funds, accounts or assets to the Rehabilitator or his designees; (iii) change
the name of such accounts to the name of the Rehabilitator; (iv) transfer funds
from such bank, savings and loan association or other Snancial institution; or
{v) take any other action necessary for the proper conduct of the rehabilitation
proceeding;
The officers, directors, shareholders, members, depositories, trustees,
policyholders, agents, servants, employees, attomeys, managers and affiliates of
Centennial and all other persons other than the Superintendent and his agents are
permanently enjoined and restrained, except as authorized by the Superintendent,
from: (i) transacting the business of Centennial, (ii) wasting or disposing of or
permitting to be done any act or thing that might waste or dispose of Centennial’s
property; (iii) interfering with the Rehabilitator in the possession, control and
management of Centennial’s property or in the discharge of his duties; and
(iv) disclosing the name, address or contact information of Centennial’s
policyholders, or any other information that is proprietary to Centennial’s or not
in the public domain, except as may be authorized by the Rehabilitator;
All persons are permanently enjoined and restrained from commencing or
prosecuting any actions or proceedings against Centennial , the Rehabilitator or
the New York Liquidation Bureau, its employees, attomeys or agents, with
respect to any claims against Centennial,
All persons are permanently enjoined and restrained from obtaining preferences,
judgments, attachments or other liens, or making any levy against Centennial’s
assets or any part thereof;
All parties to actions, lawsuits or special or other proceedings (“Litigation”) in
which Centennial is obligated to defend a party pursuant to an insurance policy,
bond, contract or otherwise are enjoimed and restrained from prosecuting,
advancing or otherwise taking any action within such Litigation, including but not
limited to trials, hearings, conferences or other court proceedings, applications or
other requests to the court of any nature, proceedings on defaults, settlements or
judgments, service of documents, motions, discovery or any other litigation tasks
or procedures for a period of 180 days from the date of entry of this Order,
The Rehabilitator may at any time make further application to this Court for such
further and different relief as he sees fit;
A copy of this Order shall be served forthwith by certified and regular mail upon:
Nancy Hahon, President of Centennial, at the statutory home office of Centennial,
located at 100 Wall Street, 28" floor, New York, NY, 10005.
The Rehabilitator shall provide notice of this Order to all creditors, claimants and
other interested persons by posting on the intemet web page maintained by theNew York Liquidation Bureau at http://www.nylb.org within 30 days after the
entry of this Order; :
15. Judicial immunity is extended to the Superintendent in his capacity as
Rehabilitator and his successors in office and their agents and employees and such
immunity is extended to them for any cause of action of any nature against them,
individually or jointly, for any action or omission by any one or more of them
when acting in good faith, in accordance with this Order, or in the performance of
their duties pursuant to Insurance Law Article 74;
16. This Court shall retain jurisdiction over this matter for all purposes;
17 All further papers with respect to Centennial in this proceeding shall bear the
caption:
In the Matter of
the Rehabilitation of
CENTENNIAL INSURANCE COMPANYLAW OFFICES OF
PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP
ELECTRONIC PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
1 am-employed in the-County of Los Angeles, State of California. I am over the age of 18
years and am nota party to this action. My business: address is 310 Golden Shore, Fourth Floor,
Long Beach, California 90802.
On October \ 2 > 2010, I electronically served the document(s) via LexisNexis File & Serve
described as NOTICE OF ORDERS OF REHABILITATION OF ATLANTIC MUTUAL
INSURANCE COMPANY AND CENTENNIAL INSURANCE COMPANY, AND STAY OF
SCTION on the recipients designated on the Transaction Receipt located on the LexisNexis File &
Serve Website.
@ (State). I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on October \a, 2010, at Long Beach, C
CORONA
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j LAW OFFICES OF PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP ELECTRONICALLY Kenneth B. Prindle, Esq. (Bar No. 82691) FILED Grace C. Mori, Esq. (Bar No. 168812) Superior Court of California, Carla Lynn Crochet, Esq. (Bar No. 181735) County of San Francisco One California Street, Suite 1910 OCT 13 2010 San Francisco, California 94111 Clerk of the Court Telephone: (415) 788-8354 BY: WILLIAM TRUPEK Facsimile: (415) 788-3625 Deputy Clerk Attorneys for Defendant, CONSOLIDATED INSULATION, INC, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION PAUL VAN DEGRIFT, CASE NO, CGC 09-275076 Plaintiffs, NOTICE OF ORDERS OF REHABILITATION OF ATLANTIC MUTUAL INSURANCE v. COMPANY AND CENTENNIAL INSURANCE COMPANY, AND STAY OF ACTION ASBESTOS DEFENDANTS (BP), et al, Defendants. TO THE HONORABLE COURT, AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Orders of Rehabilitation have been entered as fo Atlantic Mutual Insurance Company and Centennial Insurance Company, staying all litigation in which Atlantic Mutual Insurance Company and/or Centennial Insurance Company are obligated to defend a party for a period of 180 days. Since Defendant CONSOLIDATED INSULATION, INC. is an insured of Atlantic Mutual Insurance Company, the above-entitled action/lawsuit is stayed for a Mf Mf iif iif 1 NOTICE OF ORDERS OF REHABILITATION OF ATLANTIC MUTUAL INSURANCE COMPANY AND CENTENNIAL INSURANCE COMPANY, AND STAY OF ACTIONi : LAW. OFFICES OF PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP OO NH Ot 10 i 12 13 14 15 16 17 18 19 | 20 21 22 23 24 25 26 27 28 period of 180 days, pursuant to the terms of the aforementioned Orders of Rehabilitation, True-and correct copies.of the Order of Rehabilitation of Atlantic Mutual Insurance Company and the Order of Rehabilitation of Centennial Insurance Company are attached herewith. Respectfully submitted, DATED: Oetober_[Z-2010 PRINDLE, AMARO, GOETZ, HILLYARDBARNES & REINHOLTZ LLP os AA a 2 GRACE C. MORT CARLA-LYNN CROCHET Attorneys for Defendant, CONSOLIDATED INSULATION, INC, NOTICE OF ORDERS OF REHABILITATION OF ATLANTIC MUTUAL INSURANCE COMPANY AND CENTENNIAL INSURANCE COMPANY, AND STAY OF ACTIONORDERSscaneoouueusoe FOR THE FOLLOWING REASON(S): MOTION/CASE IS RESPECTFULLY REFERRED TO JUSTICE SUPREME COURT OF THE STATE OF NEW YORK — NEW YORK COUNTY PRESENT: & AKOw pant / > Justice Anaune Moves Lovsendwee Ce moro, GOZ PERC 0 LE? en, MOTION DATE -~ve fe MOTION SEQ. NO. CL. =; MOTION CAL, NO. The following papers, numbered 1 to were read on this motion to/for PAPERS NUMBERED Notice of Motion/ Order to Show Cause ~ Affidavits — Exhibits ... Answering Affidavits — Exhibits Replying Affidavits Cross-Motion: [1 Yes [CNo ve? ¢\ ro ek sh “agor™ Upon the foregoing papers, It is orderad that this motion co . MOTION 1S DECIDED IN ACCORDA’ THE ACCOMPANYIN ane , ORDERS Dated: IN. EILEEN A. RAKOWER Check one: FINAL DISPOSITION NON-FINAL DISPOSITION Check if appropriate: [|] DO NOT POST (J REFERENCE : SUBMIT ORDER/ JUDG. () SETTLE ORDER/ JUDG.At JAS Part 15 of the Supreme Court of the State of New York, County of New York, at the courthouse, 80 Centre Street, in the County, City it State of York, on the di lay of t 2010, PRESENT: HON. EILEEN A, RAKOWER, J.S.C. meet nantr ere nenn eaten mmenenenment te meet na nen natntmatm niet In the Matter of the Application of ‘ Index No.: \ ago \ James J. Wrynn, Superintendent of Insurance of the State of New York, for an order of quo rehabilitation of e s you’ caer ATLANTIC MUTUAL INSURANCE COMPANY and “wen eos . CENTENNIAL INSURANCE COMPANY. at CM aetecetesnenteneeneecernveneesenestomunene seen nernenneenenen X cook ORDER OF REHABILITATION OF ATLANTIC MUTUAL INSURANCE COMPANY Petitioner, James J. Wrynn, Superintendent of Insurance of the State of New York (the “Superintendent”), having moved this Court for an order placing Atlantic Mutual Insurance Company (“Atlantic Mutual”) into rehabilitation, and upon reading and filing the petition of the Superintendent, duly verified the 23 day of August, 2010, the affidavit of Eugene Bienskie, swom to August 18, 2010, and the exhibits annexed thereto; this Court finds that: 1 Atlantic Mutual was incorporated under the laws of the State of New York on April 11, 1842; 2. Atlantic Mutual’s statutory home office is located at 100 Wall Street, 28" Floor, New York, New York, 10005; 3. Atlantic Mutual is subject to the New York Insurance Law (“Insurance Law”) and, in particular, to Article 74 thereof; 4, Atlantic Mutual is insolvent; andj : i 3. Atlantic Mutual and the Board of Trustees of Atlantic Mutual have consented, to an entry of an order of rehabilitation pursuant to Article 74 of the New York Insurance Law; NOW, on motion of Andrew M. Cuomo, Attorney General of the State of New York, it is ORDERED as follows: 1, 2, The relief requested in the petition for an order of rehabilitation is granted; The Superintendent, and his successors in office, are appointed rehabilitator (‘Rehabilitator’) of Atlantic Mutual and are: (i) vested with all powers and authority expressed or implied under Insurance Law Article 74, in addition to the powers and authority set forth in this Order, and {ii) authorized and directed to take such steps and enter into such arrangements as they deem necessary to take possession and/or control of Atlantic Mutual’s property, conduct Atlantic Mutual’s business and remove the causes and conditions that make this . proceeding necessary as they shall deem prudent and advisable; The Rehabilitator may deal with the property and business of Adantic Mutual in its name or in the name of the Rehabilitator; Notice directing all persons having claims against Atlantic Mutual to file or present their claims to the Rehabilitator is deferred until further order of this Court; Atlantic Mutual and each of its officers, directors, shareholders, members, depositories, trustees, policyholders, agents, servants, employees, attormieys, managers and affiliates, and all firms, corporations, associations and other persons or entities having any property belonging to or relating to Atlantic Mutual, including but not limited to business records, insurance policies, claims files (electronic or paper), software programs, bank records or any tangible or intangible items of yalue, shall preserve such property and are directed, upon the Rehabilitator’s request, to promptly assign, transfer, tum over and deliver such property to the Rehabilitator or his designees; ‘Any person or entity providing claims processing services, data processing services, electronic records retention services or other information technology services to Atlantic Mutual shall maintain and preserve all information in its possession (“Information”) relating in any way to Atlantic Mutual , wherever located, including but not limited to all documents, data, electronic files and records, computer equipment (i.¢., servers and printers), software programs and software licenses owned or leased by Atlantic Mutual and are directed, upon the Rehabilitator’s request, to promptly submit all such Information to the Rehabilitator or his designees; Any bank, savings and loan association, other financial institution or any other entity or person, which has on deposit or in its possession, custody or control of10. 1. 12. 13. any of Atlantic Mutual’s funds, accounts or assets shall immediately upon the Rehabilitator’s request and direction: (i) tm over custody and control of such funds, accounts or assets to the Rehabilitator or his designees; (ii) transfer title of such funds, accounts or assets to the Rehabilitator or his designees; (iii) change the name of such accounts to the name of the Rehabilitator; (iv) transfer funds from such bank, savings and loan association or other financial institution; or {v) take any other action necessary for the proper conduct of the rehabilitation proceeding; The officers, directors, shareholders, members, depositories, trustees, policyholders, agents, servants, employees, attorneys, managers and affiliates of Atlantic Mutual and all other persons other than the Superintendent and his agents are permanently enjoined and restrained, except as authorized by the Superintendent, from: (i) transacting the business of Atlantic Mutual, (ii) wasting or disposing of or permitting to be done any act or thing that might waste or dispose of Atlantic Mutual’s property; (iii) interfering with the Rehabilitator in the possession, control and management of Atlantic Mutual’s property or in the discharge of his duties; and (iv) disclosing the name, address or contact information of Atlantic Mutual’s policyholders, or any other information that is proprietary to Atlantic Mutual’s or not in the public domain, except as may be authorized by the Rehabilitator; All persons are permanently enjoined and restrained from commencing or prosecuting any actions or proceedings against Atlantic Mutual , the Rehabilitator or the New York Liquidation Bureau, its employces, attorneys or agents, with respect fo any claims against Atlantic Mutual; All persons are permanently enjoined and restrained from obtaining preferences, Judgments, attachments or other liens, or making any levy against Atlantic _ Matual’s assets or any part thereof, All parties to actions, lawsuits or special or other proceedings (“Litigation”) in which Atlantic Mutual is obligated to defend a party pursuant to an insurance policy, bond, contract or otherwise are enjoined and restrained from prosecuting, advancing or otherwise taking any action within such Litigation, including but not limited to trials, hearings, conferences or other court proceedings, applications or other requests to the court of any nature, proceedings on defaults, settlements or judgments, service of documents, motions, discovery or any other litigation tasks or procedures for a period of 180 days from the date of entry of this Order; The Rehabilitator may at any time make further application to this Court for such further and different relief as he sees fit; A copy of this Order shall be served forthwith by certified and regular mail upon: Nancy Hahon, President of Atlantic Mutual, at the statutory home office of Atlantic Mutual, located at 100 Wall Street, 28" floor, New York, NY, 10005.: 14, 15, 16, 17 The Rehabilitator shall provide notice of this Order to all creditors, claimants and other interested persons by posting on the internet web page maintained by the New York Liquidation Bureau at http://www.nylb,org within 30 days after the entry of this Order; Judicial immunity is extended to the Superintendent in his capacity as Rehabilitator and his successors in office and their ageats and employees and such immunity is extended to them for any cause of action of any nature against them, individually or jointly, for any action or omission by any one or more of them when acting in good faith, in accordance with this Order, or in the performance of their duties pursuant to Insurance Law Article 74; This Court shall retain jurisdiction over this matter for all purposes; All further papers with respect to Atlantic Mutual in this proceeding shall bear the caption: Tn the Matter of the Rehabilitation of ATLANTIC MUTUAL INSURANCE COMPANY ENTERAt LAS Part 15 of the Supreme Court of the State of New York, County of New York, at the courthouse, 80 Centre Street, in the County, City and State of New. York, on the I day of E/T, 2010, PRESENT: HON, EILEEN A. RAKOWER, Tn the Matter of the Application of Index No.: 402424/10 James J. Wrynn, Superintendent of Insurance of the State of New York, for an order of rehabilitation of ATLANTIC MUTUAL INSURANCE COMPANY and CENTENNIAL INSURANCE COMPANY. aerate tt cen meee nennenennnnnenennnnneennnnamene mantener xX ORDER OF REHABILITATION OF CENTENNIAL INSURANCE COMPANY Pelitioner, James J. Wrynn, Superintendent of Insurance of the State of New York (the “Superintendent”}, having moved this Court for an order placing Centennial Insurance Company (“Centennial”) into rehabilitation, and upon reading and filing the petition of the Superintendent, duly verified the 23 day of August, 2010, the affidavit of Eugene Bienskie, sworn to August 18, 2010, and the exhibits annexed thereto; this Court finds that: 1, Centennial was incorporated under the laws of the State of New York on September 5, 1941; 2. Centennial’s statutory home office is located at 100 Wall Street, 28" Floor, New York, New York, 10005; 3, Centennial is subject to the New York Insurance Law (“Insurance Law”) and, in particular, to Article 74 thereof 4, Centennial is insolvent; and5, of an order of rehabilitation pursuant to Article 74 of the New York Insurance Law; Centennial and the Board of Directors of Centennial have consented, to an entry NOW, on motion of Andrew M. Cuomo, Attorney General of the State of New York, it is ORDERED as follows: 1 2. The relief requested in the petition for an order of rehabilitation is granted; The Superintendent, and his successors in office, are appointed rehabilitator (‘Rehabilitator”) of Centennial and are: (i) vested with all powers and authority expressed or implied under Insurance Law Article 74, in addition to the powers. and authority set forth in this Order; and (ii) authorized and directed to take such steps and enter into such arrangements as they deem necessary to take possession and/or control of Centennial’s property, conduct Centennial’s business and remove the causes and conditions that make this proceeding necessary as they shall deem prudent and advisable; The Rehabilitator may deal with the property and business of Centennial in its name or in the name of the Rehabilitator; Notice directing all persons having claims against Centennial to file or present their claims to the Rehabilitator is deferred until further order of this Court; Centennial and each of its officers, directors, shareholders, members, depositories, trustees, policyholders, agents, servants, employees, attomeys, managers and affiliates, and all firms, corporations, associations and other persons or entities having any property belonging to or relating to Centennial, including but not limited to business records, insurance policies, claims files (electronic or paper), software programs, bank records or any tangible or intangible items of value, shall preserve such property and are directed, upon the Rehabilitator’s request, to promptly assign, transfer, turn over and deliver such property to the Rehabilitator or his designees; Any person or entity providing claims processing services, data processing services, electronic records retention services or other information technology services to Centennial shall maintain and preserve all information .in its possession (“Information”) relating in any way to Centennial , wherever located, including but not limited to all documents, data, electronic files and records, computer equipment (j.¢,, servers and printers), software programs and software licenses owned or leased by Centennial and are directed, upon the Rehabilitator’s request, to promptly submit all such Information to the Rehabilitator or his designees; Any bank, savings and loan association, other financial institution or any other entity or person, which has on deposit or in its possession, custody or control of any of Centennial’s funds, accounts or assets shal! immediately upon the| il. 13. 14, Rehabilitator’s request and direction: (i) turn over custody and control of such funds, accounts or assets to the Rehabilitator or his designees; (ii) transfer title of such funds, accounts or assets to the Rehabilitator or his designees; (iii) change the name of such accounts to the name of the Rehabilitator; (iv) transfer funds from such bank, savings and loan association or other Snancial institution; or {v) take any other action necessary for the proper conduct of the rehabilitation proceeding; The officers, directors, shareholders, members, depositories, trustees, policyholders, agents, servants, employees, attomeys, managers and affiliates of Centennial and all other persons other than the Superintendent and his agents are permanently enjoined and restrained, except as authorized by the Superintendent, from: (i) transacting the business of Centennial, (ii) wasting or disposing of or permitting to be done any act or thing that might waste or dispose of Centennial’s property; (iii) interfering with the Rehabilitator in the possession, control and management of Centennial’s property or in the discharge of his duties; and (iv) disclosing the name, address or contact information of Centennial’s policyholders, or any other information that is proprietary to Centennial’s or not in the public domain, except as may be authorized by the Rehabilitator; All persons are permanently enjoined and restrained from commencing or prosecuting any actions or proceedings against Centennial , the Rehabilitator or the New York Liquidation Bureau, its employees, attomeys or agents, with respect to any claims against Centennial, All persons are permanently enjoined and restrained from obtaining preferences, judgments, attachments or other liens, or making any levy against Centennial’s assets or any part thereof; All parties to actions, lawsuits or special or other proceedings (“Litigation”) in which Centennial is obligated to defend a party pursuant to an insurance policy, bond, contract or otherwise are enjoimed and restrained from prosecuting, advancing or otherwise taking any action within such Litigation, including but not limited to trials, hearings, conferences or other court proceedings, applications or other requests to the court of any nature, proceedings on defaults, settlements or judgments, service of documents, motions, discovery or any other litigation tasks or procedures for a period of 180 days from the date of entry of this Order, The Rehabilitator may at any time make further application to this Court for such further and different relief as he sees fit; A copy of this Order shall be served forthwith by certified and regular mail upon: Nancy Hahon, President of Centennial, at the statutory home office of Centennial, located at 100 Wall Street, 28" floor, New York, NY, 10005. The Rehabilitator shall provide notice of this Order to all creditors, claimants and other interested persons by posting on the intemet web page maintained by theNew York Liquidation Bureau at http://www.nylb.org within 30 days after the entry of this Order; : 15. Judicial immunity is extended to the Superintendent in his capacity as Rehabilitator and his successors in office and their agents and employees and such immunity is extended to them for any cause of action of any nature against them, individually or jointly, for any action or omission by any one or more of them when acting in good faith, in accordance with this Order, or in the performance of their duties pursuant to Insurance Law Article 74; 16. This Court shall retain jurisdiction over this matter for all purposes; 17 All further papers with respect to Centennial in this proceeding shall bear the caption: In the Matter of the Rehabilitation of CENTENNIAL INSURANCE COMPANYLAW OFFICES OF PRINDLE, AMARO, GOETZ, HILLYARD, BARNES & REINHOLTZ LLP ELECTRONIC PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 1 am-employed in the-County of Los Angeles, State of California. I am over the age of 18 years and am nota party to this action. My business: address is 310 Golden Shore, Fourth Floor, Long Beach, California 90802. On October \ 2 > 2010, I electronically served the document(s) via LexisNexis File & Serve described as NOTICE OF ORDERS OF REHABILITATION OF ATLANTIC MUTUAL INSURANCE COMPANY AND CENTENNIAL INSURANCE COMPANY, AND STAY OF SCTION on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve Website. @ (State). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October \a, 2010, at Long Beach, C CORONA