Policyholders with Home Insurance Company policies should be aware that the court in the Liquidation of Home Insurance Company has entered an Order setting the claim amendment deadline.
On January 28, 2021 the New Hampshire Superior Court In the Matter of Rehabilitation of The Home Insurance Company, Case Number 217-2003-EQ-00106 entered an Order Approving Claim Amendment Deadline for the final submission of amendments to proofs of claim and submission of proofs of claim in the Home Insurance Company liquidation. A copy of the Order can be found on the Merrimack County Superior Court Docket. Several insurance companies have objected to the Order and have filed Motions to Reconsider and Motions to Stay the Order. The Court has not ruled on those Motions as of this writing.
Home Insurance Company liquidation had a Claim Filing Deadline of June 13, 2004. Pursuant to the Home Insurance Company claims process for claims filed after June 13, 2004, the Liquidator shall determine if claims received after the Claim Filing Deadline but on or before the Claim Amendment Deadline are excused or unexcused late-filed claims pursuant to RSA 402-C:37, II and III. The Liquidator is to review and determine all claims filed on or before the Claim Amendment Deadline.
The Claim Amendment Deadline set in the Order is 150 days from the date of the Order, which because that falls on Sunday June 27, 2021, is Monday June 28, 2021. By that date, policyholders must submit amendments, including supplements, to proofs of claim and new proofs of claim in the Home Insurance Company liquidation. The Order provides:
Amendments to previously filed proofs of claim and any new proofs of claim must be filed by an amendment or completed proof of claim form that is received by the Liquidator on or before the Claim Amendment Deadline or that is mailed to the Liquidator by U.S. mail and bears a legible postmark showing mailing by U.S. mail on or before the Claim Amendment deadline. Any amendments to previously filed proofs of claim or new proofs of claim received by the Liquidator after the Claim Amendment Deadline . . . shall not be considered.
Per paragraph 7 of the Order, Amendments to proof of claim must include available supporting information regarding the claims. The Liquidator may request claimants to provide additional information or evidence in support of their proofs of claim and amendments as provided in RSA 402-C:38, II. The Liquidator may consider a claimant’s failure to timely provide requested supplementary information as ground to deny a claim, subject to review as provided in the Restated and Revised Order Establishing Procedures Regarding Claims Files with the Home Insurance Company in Liquidation dated January 19, 2005. Policyholders should make sure that they comply with this Order in order to protect and preserve any claims they currently have or will submit in the Home Insurance Company in Liquidation. Should any Motions to Reconsider or Stay the Order be granted, we will let you know in a future blog.
