In re Penn Treaty Network America Ins. Co. (In Liquidation)

The Pennsylvania Insurance Commissioner, in her capacity as Statutory Liquidator of Penn Treaty Network America Insurance Company and American Network Insurance Company (together, the Companies), applied to the Pennsylvania Commonwealth Court for a declaration that she was authorized under Article V of The Insurance Department Act of 1921 to allocate assets from the Companies’ estates to pay policyholder claims for benefits that exceed applicable statutory guaranty association limits and accrue more than 30 days after the Companies’ policies were terminated by virtue of the Companies’ liquidation. Intervenors Anthem, Inc. and UnitedHealthcare Insurance Company opposed the Liquidator’s application as contrary to Article V and the applicable state guaranty association statutes. The Court denied the Liquidator’s application, holding that the Liquidator’s proposal to assign policyholders a share of the assets in addition to guaranty association protection lacked support in Article V or the guaranty association statutes.

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