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FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021
EXHIBIT 3
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[F ILED NEW YORK
YORK COUNTY
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NYSCEF: 12/16/2020
At IAS Part ofthe Supreme Court
of the State of New York, at the
courthouse located at 60ffg)ys in the
City, Co nty d State of New York,
on the of DeceV6 be
day
2020.
P R E S E N T :
HON. J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------x
In the Matter of Index No.:
the Application of
Linda A. Lacewell, Superintendent of ORDER OF ANCILLARY
Finâñcial Services of the State of New York, for an RECEIVERSHIP
Order of Appointment as Ancillary Receiver of
AMERICAN COUNTRY INSURANCE COMPANY.
Linda A. Lacewell, Superintendent of Financial Services of the State of New York
("Superintendent"), having moved this Court by order to show cause for an order appointing the
Superintendent and her successors in office as ancillary receiver ("Ancillary Receiver") of
American Insurance ("ACIC"), and upon reading and filing the petition of the
Country Company
Superinter:det, verified on the9thday ofNovember, 2020 ("Verified Petition"), the Affidavit
duly
of Joan Riddell, Deputy Chief Insumace Examiner, Property Bureau, New York State Department
of Financial Services, sworn to on the 22nd day of October, 2020, and the exhibite annexed thereto,
this Court finds that:
1. ACIC is an lilinois-based and assa|ty insurance company wholly owned
property
Insurance in turn, is wholly owned by American insurance
by American Service Company; which,
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Acÿüisition a Delaware in is owned Atlas Fia•acial
Inc., corporation; which, tum, wholly by
Holdings, Inc., a Cayman Island corporation;
2. By order dated August 11, 2020, the Circuit Court of Cook County, lilinois, County
Department, Chancery Division issued an Agreed Order of Liquid-lion finding ACIC to be
insolvent ("Liquidation Order") and Robert H. Muriel, Director of the lilinois
appainting
Department of Insurance, Liqüidator ("!!!innis Lig-idator") of ACIC;
3. ACIC is subject to Article 74 of the New York lasurance Law ("Insurance Law");
4. lilinois is a reciprocal state within the of lasurance Law
meaning § 7408(b)(6);
5. The lilinois Liqüidator requested that the Superintendent commence an ancillary
receivership proceeding for ACIC; and
6. Insurance Law § 7410(a) mandates that the Superintendent be appninted Ancillary
Receiver of ACIC.
NOW, on the motion of the Honorable Letitia James, Attomey General of the State of New
York, it is hereby
ORDERED as follows:
1. The relief requested in the Verified Petition seeking an order of ancillary
receivership ("Order") is granted in its entirety;
2. The Superintendent and her successors in office is appointed Ancillary Receiver of
ACIC and is vested with all rights and obligations granted to and imposed upon her
pursuant to Article 74 of the Insurance Law;
3. The material provisions of the Liquidation Order, including, but not limited to, the
and directions contaiaad in paragraph 7 apply to this
injunctions, restrictions,
ancillary receivership proceeding;
4. All persons are permanently enjoined and restrained from commencing or
prosecuting any actions, lawsuits, or proceedings against ACIC in ãñcillary
receivership, the Superintendent as Ancillary Receiver of AC1C or as administrator
of the New York security funds, the New York Liqüid=tica Bureau, and their
2
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employees, attorñcys, or agents, with respect to this proceeding or in the discharge
of their duties;
5. All parties to actions, lawsuits, and special or other proceedings in the State ofNew
York against insureds of ACIC or in which ACIC is obligated to defend an insured
or provide a defense to a party pursuant to an insurance policy, are enjoined and
restrained from obtaining any judgment or proceeding with any discovery, court
proceedings, or other litigation tasks or procedures, including, but not limited to,
conferences, trials, applications for judgment, or proceedings on settlement or
judgment, for a period of 180 days from the date this Order is signed;
6. All persons who have first party policyholder loss claims against ACIC in the State
ofNew York are enjoined and restrained from presenting and filing claims with the
Ancillary Receiver for a period of 90 days from the date this Order is signed;
7. Judicial immunity is extended to the Superintendent in her capacities as Ancillary
Receiver of ACIC and as administrator of the New York security funds, her
successors in office, the New York Liquidation Bureau, and their agents and
employees, for any cause of action of any nature against them, individually or
jointly, for any act or omission when acting in good faith, in accordance with the
orders of this Court, or in the performance oftheir duties pursuant to Insurance Law
Workers'
Articles 74 and.76 and Article 6A of the New York Compensation Law;
8. The Ancillary Receiver shall serve a copy of this Order on the Illinois Liquidator
by ovemight delivery to the Office of the Special Deputy Receiver, representing
Robert H. Muriel, Director of the Illinois Department of Insurance in his capacity
as Domestic Receiver of American Country Insurarice Company at 222
Merchandise Mart Plaza, Suite 960, Chicago, Illinois 60654, Att'n.: J. Kevin
Baldwin
9. The Receiver shall provide notice ofthis Order to all creditors, claimets
Ancillary
and interested persons located in the State of New York by posting the Order on
the Internet web page mair:tained by the New York Liquidation Bureau at
http://www.nylb.org within 15 days after the entry of this Order;
10. ACIC's license to do business in the State ofNew York is hereby revoked;
3
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1 l. The caption for this proceeding is hereby amended as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------X
In the matter of
the Ancillary Receivership of
AMERICAN COUNTRY INSURANCE COMPANY.
----.--------------- ----------------------- X
12. All further papers in this proeceding shall bear the above amended caption.
E N T E R
J,S.C.
L 29623/map
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SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. ARTHUR F. ENGORON PART IAS MOTION 37EFM
Justice
---------------------------------------------------------------------------------X INDEX NO. 452249/2020
LINDA LACEWELL
MOTION DATE N/A
Petitioner,
MOTION SEQ. NO. 001
-v-
DECISION + ORDER ON
MOTION
Respondent.
---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 11, 13, 14
were read on this motion to/for INJUNCTION/RESTRAINING ORDER .
Upon the foregoing documents, it is ordered that the instant petition is granted. Order signed and
e-filed as NYSCEF Document 14.
12/2/2020
DATE ARTHUR F. ENGORON, J.S.C.
CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION
X GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
452249/2020 LACEWELL, LINDA A. vs. AMERICAN SERVICE INSURANCE Page 1 of 1
Motion No. 001
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Arthur F_
Digitally signed by Arthur F_ Engoron
DN: C=US, OU=NY County Supreme Court,
O=New York State Courts, CN=Arthur F_
Engoron, E=AENGORON@NYCOURTS.GOV
Engoron
Reason: I am the author of this document
Location: Molly987987!
Date: 2020.12.02 11:15:47-05'00'
Foxit PhantomPDF Version: 10.1.0
C
FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021
F ILED : NEW YORK COUNTY CLERK OW201540 1Nex wo. eu931ao13
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. W. FRANC PERRY PART IAS MOTION 23E F M
Justice
------ --------------------- ----X , INDEX NO. 450931/2019
LINDA LACEWELL,
MOTION DATE N/A
Petitioner,
MOTION SEQ. ÑO. 001
-v- . .
NORTHWESTERN NATIONAL INSURANCE COMPANY
DECISION ON PETITION FOR
OF MILWAUKEE, WISCONSIN'
WWRY RECESSHIP
Respondent. .
---------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 11, 12, 13, 14
were read on this motion to/for SPECIAL PROCEEDING / RECElVERSHIP
Upon the foregoing documents, and as stated on the record at oral argument on August 8,
2019, it is hereby
ORDERED that the Petition is granted in accordance with the annexed Order Of
dated August and it is further ·
Ancillary Receivership, 8, 2019;
. ORDERED that the proceeding shall bear the following amended caption:
X
In the matter of
the Ancillary Receivership of
NORTHWESTERN NATIONAL INSURANCE COMPANY
OF MILWAUKEE, WISCONSIN.
X
And it is further
ORDERED that counsel for the moving party shall serve a copy of this order with notice
of entry upon the County Clerk (60 Centre Street, Room 141B) and the Clerk of the General
450931/2019 LACEWELL, LINDA A. vs. NORTHWESTERN NATIONAL Page 1 of 2
Motion No. 001
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FILED NEW YORK COUNTY CLERK 08(08(2019 02:40 1NDki NU. 45U9H/10f9
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NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/O8/2Ò19
Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to
reflect the changes to the caption; and it is further
ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's
Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse
and Clerk "E-Filing"
County Procedures for Electronically Filed Cases (accessible at the page on
the court's website at the address (ww.nycourts.gov/supctmfinh).
This constitutes the decision and order of the court.
8/8/2019
DATE W. FRANC PERRY, J.S.C.
CHECK ONÈ: . CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED DENIED GRANTED IN PART . . OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: .INCLUDES TRÂ 5FEñiñEASSIGN FIDUCIARYAPPOirgirnENT REFERENCE
450931/2019 LACEWELL, LINDA A. vs. NORTHWESTERNèISTIONAL Page 2 of 2
Motion No;. 001
FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021
INDEX NO. 450931/2019
(FILED : NEW. YORK COUNTY CLERK 08/08/2019 02:40 PM|
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/08/2019
. .
At IAS Part 23 of the Supreme Court
of the State of New York, County of
New York, at the Courthouse, 80
Centre Street, in the County ity and
State offew York, on the ay of
o ,1 , 2019.
PRESENT:
HON. W. FRANC PERRY, III J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__------...--------------...--.._,..------------------------------------X
In the Matter of index No.: 450931/2019
the Application of
Linda A. Lacewell, Acting Superintendent of ORDER OF ANCILLARY .
Financial Services of the State of New York, for an RECEIVERSHIP
Order of Appointment as Ancillary Receiver of ,
NORTHWESTERN NATIONAL INSURANCE COMPANY
OF MILWAUKEE, WISCONSIN.
Linda A. Lacewell, Superintendent of Financial Services of the State of New York
("Superintendent"), having moved this Court for an order appointing the Superintendent and her
successors in office as ancillary receiver ("Ancillary Receiver") of Northwestern National
Insurance Company of Milwaukee, Wisconsin ("NNIC"), and upon reading and filing the petition
13th -
of the Superintendent, duly verified on the day of June, 2019 ("Verified Petition"), the
Affidavit of Joan L. Riddell, Deputy Chief Insurance Exaininer, Property Bureau, New York State
13th
Department of Financial Services, swom to on the day of May, 2019, and the exhibits annexed
thereto, this Court finds that:
1. NNIC is a property and casualty insurer domiciled in the State of Wisconsin. The
company was organized in 1869 by an act of the Wisconsin legislature, and maintained its
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administrative office in West ,Chester, Ohio, and its principal place of business in Madison,
Wisconsin;
2. NNIC was licensed in the State of New York to transact the kinds of insurance
in New - -
specified York Insurance Law § I 1 13(a)(3) (17) and (19) (21);
3. By order dated May 2, 2019, the Circuit Court, Dane County, Madison, ilisconsin
issued an Order for Liquidation finding NNIC to be insolvent ("Liquidation Order") and
appointing Mark Afable, Wisconsin Commissioner of Insurance, Liquidator ("Wisconsin
Liquidator") of NNIC. The Liquidation Order also, among other things, established the date that
is six months from the date of entry of the Liquidation Order, which is November 2, 2019, as the
bar date for the filing of clairns against NNIC ("Claims Bar Date");
4. NNIC is subject to Article 74 of the New York Insurance Law ("Insurance Law");
5. Wisconsin is a reciprocal state within the meaning of Insurance Law § 7408(b)(6);
6. The Wiscónsin Liquidator requested that the Superintendent commence an
ancillary receivership proceeding for NNIC; and
. 7. Insurance Law § 7410(a) mandates that the Superintendent be appointed Ancillary
Receiver of NNIC.
NOW, on the motion of the Honorable Letitia James, Attorney G
Preview
FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021 EXHIBIT 3 FILED:: NEW [F ILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/24/2021 12 /16 / 2 0 2 0 09:51 0 4 : 0 0 AM PM) INDEX INDEX NO. 451540/2021 NO. 452250/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 6 15 . RECEIVED RECEIVED NYSCEF: 05/24/2021 NYSCEF: 12/16/2020 At IAS Part ofthe Supreme Court of the State of New York, at the courthouse located at 60ffg)ys in the City, Co nty d State of New York, on the of DeceV6 be day 2020. P R E S E N T : HON. J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------x In the Matter of Index No.: the Application of Linda A. Lacewell, Superintendent of ORDER OF ANCILLARY Finâñcial Services of the State of New York, for an RECEIVERSHIP Order of Appointment as Ancillary Receiver of AMERICAN COUNTRY INSURANCE COMPANY. Linda A. Lacewell, Superintendent of Financial Services of the State of New York ("Superintendent"), having moved this Court by order to show cause for an order appointing the Superintendent and her successors in office as ancillary receiver ("Ancillary Receiver") of American Insurance ("ACIC"), and upon reading and filing the petition of the Country Company Superinter:det, verified on the9thday ofNovember, 2020 ("Verified Petition"), the Affidavit duly of Joan Riddell, Deputy Chief Insumace Examiner, Property Bureau, New York State Department of Financial Services, sworn to on the 22nd day of October, 2020, and the exhibite annexed thereto, this Court finds that: 1. ACIC is an lilinois-based and assa|ty insurance company wholly owned property Insurance in turn, is wholly owned by American insurance by American Service Company; which, 1 of 4 FILED: F ILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/24/2021 12 /16 /2 0 2 0 09:51 0 4 : 0 0 AM INDEX INDEX NO. NO. 451540/2021 452250/2020 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 6 15 RECEIVED RECEIVED NYSCEF: 05/24/2021 NYSCEF: 12/16/2020 Acÿüisition a Delaware in is owned Atlas Fia•acial Inc., corporation; which, tum, wholly by Holdings, Inc., a Cayman Island corporation; 2. By order dated August 11, 2020, the Circuit Court of Cook County, lilinois, County Department, Chancery Division issued an Agreed Order of Liquid-lion finding ACIC to be insolvent ("Liquidation Order") and Robert H. Muriel, Director of the lilinois appainting Department of Insurance, Liqüidator ("!!!innis Lig-idator") of ACIC; 3. ACIC is subject to Article 74 of the New York lasurance Law ("Insurance Law"); 4. lilinois is a reciprocal state within the of lasurance Law meaning § 7408(b)(6); 5. The lilinois Liqüidator requested that the Superintendent commence an ancillary receivership proceeding for ACIC; and 6. Insurance Law § 7410(a) mandates that the Superintendent be appninted Ancillary Receiver of ACIC. NOW, on the motion of the Honorable Letitia James, Attomey General of the State of New York, it is hereby ORDERED as follows: 1. The relief requested in the Verified Petition seeking an order of ancillary receivership ("Order") is granted in its entirety; 2. The Superintendent and her successors in office is appointed Ancillary Receiver of ACIC and is vested with all rights and obligations granted to and imposed upon her pursuant to Article 74 of the Insurance Law; 3. The material provisions of the Liquidation Order, including, but not limited to, the and directions contaiaad in paragraph 7 apply to this injunctions, restrictions, ancillary receivership proceeding; 4. All persons are permanently enjoined and restrained from commencing or prosecuting any actions, lawsuits, or proceedings against ACIC in ãñcillary receivership, the Superintendent as Ancillary Receiver of AC1C or as administrator of the New York security funds, the New York Liqüid=tica Bureau, and their 2 2 of 4 . FILED:: NEW [FILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 05/24/2021 12 /16 /2 0 2 0 09:51 0 4 : 0 0 AM PM INDEX INDEX NO. 451540/2021 NO. 452250/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 615 RECEIVED RECEIVED NYSCEF: 05/24/2021 NYSCEF: 12/16/2020 employees, attorñcys, or agents, with respect to this proceeding or in the discharge of their duties; 5. All parties to actions, lawsuits, and special or other proceedings in the State ofNew York against insureds of ACIC or in which ACIC is obligated to defend an insured or provide a defense to a party pursuant to an insurance policy, are enjoined and restrained from obtaining any judgment or proceeding with any discovery, court proceedings, or other litigation tasks or procedures, including, but not limited to, conferences, trials, applications for judgment, or proceedings on settlement or judgment, for a period of 180 days from the date this Order is signed; 6. All persons who have first party policyholder loss claims against ACIC in the State ofNew York are enjoined and restrained from presenting and filing claims with the Ancillary Receiver for a period of 90 days from the date this Order is signed; 7. Judicial immunity is extended to the Superintendent in her capacities as Ancillary Receiver of ACIC and as administrator of the New York security funds, her successors in office, the New York Liquidation Bureau, and their agents and employees, for any cause of action of any nature against them, individually or jointly, for any act or omission when acting in good faith, in accordance with the orders of this Court, or in the performance oftheir duties pursuant to Insurance Law Workers' Articles 74 and.76 and Article 6A of the New York Compensation Law; 8. The Ancillary Receiver shall serve a copy of this Order on the Illinois Liquidator by ovemight delivery to the Office of the Special Deputy Receiver, representing Robert H. Muriel, Director of the Illinois Department of Insurance in his capacity as Domestic Receiver of American Country Insurarice Company at 222 Merchandise Mart Plaza, Suite 960, Chicago, Illinois 60654, Att'n.: J. Kevin Baldwin 9. The Receiver shall provide notice ofthis Order to all creditors, claimets Ancillary and interested persons located in the State of New York by posting the Order on the Internet web page mair:tained by the New York Liquidation Bureau at http://www.nylb.org within 15 days after the entry of this Order; 10. ACIC's license to do business in the State ofNew York is hereby revoked; 3 3 of 4 FILED:: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX INDEX NO. NO. 451540/2021 452250/2020 [FILED NEW YORK COUNTY CLERK 12 /16 /2 02 0 0 4 : O O PM] NYSCEF NYSCEF DOC. DOC. NO. NO. 6 15 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/24/2021 12/16/2020 1 l. The caption for this proceeding is hereby amended as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------X In the matter of the Ancillary Receivership of AMERICAN COUNTRY INSURANCE COMPANY. ----.--------------- ----------------------- X 12. All further papers in this proeceding shall bear the above amended caption. E N T E R J,S.C. L 29623/map 4 4 of 4 FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ARTHUR F. ENGORON PART IAS MOTION 37EFM Justice ---------------------------------------------------------------------------------X INDEX NO. 452249/2020 LINDA LACEWELL MOTION DATE N/A Petitioner, MOTION SEQ. NO. 001 -v- DECISION + ORDER ON MOTION Respondent. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 11, 13, 14 were read on this motion to/for INJUNCTION/RESTRAINING ORDER . Upon the foregoing documents, it is ordered that the instant petition is granted. Order signed and e-filed as NYSCEF Document 14. 12/2/2020 DATE ARTHUR F. ENGORON, J.S.C. CHECK ONE: X CASE DISPOSED NON-FINAL DISPOSITION X GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 452249/2020 LACEWELL, LINDA A. vs. AMERICAN SERVICE INSURANCE Page 1 of 1 Motion No. 001 FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021 FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021 FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021 FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021 Arthur F_ Digitally signed by Arthur F_ Engoron DN: C=US, OU=NY County Supreme Court, O=New York State Courts, CN=Arthur F_ Engoron, E=AENGORON@NYCOURTS.GOV Engoron Reason: I am the author of this document Location: Molly987987! Date: 2020.12.02 11:15:47-05'00' Foxit PhantomPDF Version: 10.1.0 C FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021 F ILED : NEW YORK COUNTY CLERK OW201540 1Nex wo. eu931ao13 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/08/2019 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. W. FRANC PERRY PART IAS MOTION 23E F M Justice ------ --------------------- ----X , INDEX NO. 450931/2019 LINDA LACEWELL, MOTION DATE N/A Petitioner, MOTION SEQ. ÑO. 001 -v- . . NORTHWESTERN NATIONAL INSURANCE COMPANY DECISION ON PETITION FOR OF MILWAUKEE, WISCONSIN' WWRY RECESSHIP Respondent. . ---------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 11, 12, 13, 14 were read on this motion to/for SPECIAL PROCEEDING / RECElVERSHIP Upon the foregoing documents, and as stated on the record at oral argument on August 8, 2019, it is hereby ORDERED that the Petition is granted in accordance with the annexed Order Of dated August and it is further · Ancillary Receivership, 8, 2019; . ORDERED that the proceeding shall bear the following amended caption: X In the matter of the Ancillary Receivership of NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN. X And it is further ORDERED that counsel for the moving party shall serve a copy of this order with notice of entry upon the County Clerk (60 Centre Street, Room 141B) and the Clerk of the General 450931/2019 LACEWELL, LINDA A. vs. NORTHWESTERN NATIONAL Page 1 of 2 Motion No. 001 1 of 6 FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021 FILED NEW YORK COUNTY CLERK 08(08(2019 02:40 1NDki NU. 45U9H/10f9 : P$ NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/O8/2Ò19 Clerk's Office (60 Centre Street, Room 119), who are directed to mark the court's records to reflect the changes to the caption; and it is further ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth in the Protocol on Courthouse and Clerk "E-Filing" County Procedures for Electronically Filed Cases (accessible at the page on the court's website at the address (ww.nycourts.gov/supctmfinh). This constitutes the decision and order of the court. 8/8/2019 DATE W. FRANC PERRY, J.S.C. CHECK ONÈ: . CASE DISPOSED X NON-FINAL DISPOSITION GRANTED DENIED GRANTED IN PART . . OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: .INCLUDES TRÂ 5FEñiñEASSIGN FIDUCIARYAPPOirgirnENT REFERENCE 450931/2019 LACEWELL, LINDA A. vs. NORTHWESTERNèISTIONAL Page 2 of 2 Motion No;. 001 FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021 INDEX NO. 450931/2019 (FILED : NEW. YORK COUNTY CLERK 08/08/2019 02:40 PM| NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/08/2019 . . At IAS Part 23 of the Supreme Court of the State of New York, County of New York, at the Courthouse, 80 Centre Street, in the County ity and State offew York, on the ay of o ,1 , 2019. PRESENT: HON. W. FRANC PERRY, III J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __------...--------------...--.._,..------------------------------------X In the Matter of index No.: 450931/2019 the Application of Linda A. Lacewell, Acting Superintendent of ORDER OF ANCILLARY . Financial Services of the State of New York, for an RECEIVERSHIP Order of Appointment as Ancillary Receiver of , NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN. Linda A. Lacewell, Superintendent of Financial Services of the State of New York ("Superintendent"), having moved this Court for an order appointing the Superintendent and her successors in office as ancillary receiver ("Ancillary Receiver") of Northwestern National Insurance Company of Milwaukee, Wisconsin ("NNIC"), and upon reading and filing the petition 13th - of the Superintendent, duly verified on the day of June, 2019 ("Verified Petition"), the Affidavit of Joan L. Riddell, Deputy Chief Insurance Exaininer, Property Bureau, New York State 13th Department of Financial Services, swom to on the day of May, 2019, and the exhibits annexed thereto, this Court finds that: 1. NNIC is a property and casualty insurer domiciled in the State of Wisconsin. The company was organized in 1869 by an act of the Wisconsin legislature, and maintained its 3 of 6 FILED: NEW YORK COUNTY CLERK 05/24/2021 09:51 AM INDEX NO. 451540/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/24/2021 INDEX NO. 450931/2019 |F ILED : NEW YORK COUNTY CLERK 08/08/2019 02:40 PM) NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/08/2019 administrative office in West ,Chester, Ohio, and its principal place of business in Madison, Wisconsin; 2. NNIC was licensed in the State of New York to transact the kinds of insurance in New - - specified York Insurance Law § I 1 13(a)(3) (17) and (19) (21); 3. By order dated May 2, 2019, the Circuit Court, Dane County, Madison, ilisconsin issued an Order for Liquidation finding NNIC to be insolvent ("Liquidation Order") and appointing Mark Afable, Wisconsin Commissioner of Insurance, Liquidator ("Wisconsin Liquidator") of NNIC. The Liquidation Order also, among other things, established the date that is six months from the date of entry of the Liquidation Order, which is November 2, 2019, as the bar date for the filing of clairns against NNIC ("Claims Bar Date"); 4. NNIC is subject to Article 74 of the New York Insurance Law ("Insurance Law"); 5. Wisconsin is a reciprocal state within the meaning of Insurance Law § 7408(b)(6); 6. The Wiscónsin Liquidator requested that the Superintendent commence an ancillary receivership proceeding for NNIC; and . 7. Insurance Law § 7410(a) mandates that the Superintendent be appointed Ancillary Receiver of NNIC. NOW, on the motion of the Honorable Letitia James, Attorney G