PrimeGuard Insurance Co; First Assured Warranty Corp; 1SourceAutoWarranty
Aloha.... You have reached the State of Hawaii Insurance Division’s informational website for inquires relating to PrimeGuard Insurance Company and its affiliated companies, 1SourceAutoWarranty, First Assured Warranty Corporation and WarranteeWise, Inc.
This site contains general information about these companies, as well as, status of Insurance Division actions and information intended to assist affected consumers and constituents in resolving their respective inquiries.
This site will be updated as more information becomes available.
Current Status
Thursday, July 17, 2008: The Liquidation Court approved the addition of First Assured Warranty Corporation and its affiliated companies (Warrantee Wise, Inc. and 1sourceautowarranty.com, Inc.) to the liquidation proceedings of PrimeGuard Insurance Company, Inc. A copy of the "Supplemental Order of Liquidation" can be found by clicking on the link below.
Supplemental Order of Liquidation
Please refer to the prior posting below for more information about the status of the liquidation proceedings, including the issues that still need to be resolved.
Monday, June 30, 2008: The Federal bankruptcy proceeding of the First Assured Warranty Corporation ("First Assured") and its affiliated companies (Warrantee Wise, Inc. and 1SourceAutoWarranty.com, Inc.) was finally dismissed by the Federal Bankruptcy Court in Colorado on June 4, 2008. Up until that time, the Federal bankruptcy proceeding prohibited the orderly and efficient liquidtion of PrimeGuard in the Hawaii liquidation court.
However, now that the federal bankruptcy case has been dismissed, the Liquidator is awaiting approval from the Hawaii Liquidation Court to include First Assured and its affiliates in the PrimeGuard liquidation proceeding in Hawaii. The Hawaii liquidation court is currently scheduled to hold a hearing on July 7, 2008 on this matter.
Assuming the Liquidation Court grants the Liquidator's pending Motion, a distribution of funds may not likely be forthcoming in the near future. Among the many things that must still be resolved are the following: (1) the Liquidator must reconcile the claims that have been filed to date in both the Liquidation and Bankruptcy proceedings; (2) the Liquidator must issue a notice of determination as to the amounts approved (this may not be the amount that will be finally distributed but is only representative of what the Liquidator determines to be valid claims); (3) if there are any objections to the Liquidator’s determination, then hearings must be held by the Liquidation Court to resolve those objections; (4) the Liquidator must resolve claims and issues involving special deposits with various state insurance regulators; and (5) the Liquidator must obtain the Liquidation Court’s approval of any proposed Plan of Distribution.
In addition to the foregoing, the Liquidator is currently pursuing claims against other individual(s) and entities. These claims may take months to years to be finally resolved.
The Liquidator appreciates the patience of those interested in PrimeGuard and understands their interests in being provided updates on the status of pending proceedings. With that in mind, the Liquidator will continue to provide periodic updates as pertinent developments occur.
For those interested in the formal legal filings and proceedings, the following is a recap of the recent motions and actions:
3/18/08: Order Granting in Part Liquidator’s Petition for Final Order and Judgment Approving Liquidator’s Settlement with Shareholder’s Family and Affiliates and Petition for Good Faith Determination of Settlement
Order Granting Partial Approval of Liquidators Petition
4/1/08: Order Granting Petition for Good Faith Determination of Settlement as to All Parties
Order Granting Good Faith Determination of Settlement
4/1/08: Final Judgment (Re: Order Granting in part Liquidator’s Petition for Final Order and Judgment Approving Liquidator’s Settlement with Shareholder’s Family and Affiliates and Petition for Good Faith Determination of Settlement, filed March 18, 2008
4/10/08: Final Judgment (Re: Order Granting Petition for Good Faith Determination of Settlement as to All Parties, filed April 1, 2008)
5/22/08: Liquidator’s Motion for Leave to Add First Assured Warranty Corporation, 1SourceAutoWarranty.com, Inc. and Warrantee Wise Inc. as Respondents; Memorandum in Support of Motion; Declaration of Lanson K. Kupau Exhibits “A” – “C”; Notice of Hearing and Certificate of Service; Proposed Supplemental Order of Liquidation
Motion to Add FAWC et al to Liquidation
6/4/08: Notice of Entry of order of Dismissal in Bankruptcy Matter; Exhibit “A”; Certificate of Service
General Information
PrimeGuard Insurance Co., Inc., was licensed by the State of Hawaii Insurance Division to provide insurance coverage to First Assured Warranty Corporation ("First Assured"), 1SourceAutoWarranty.com, Inc. ("1Source"), and WarranteeWise, Inc. ("WaranteeWise"), for their respective obligations arising from automobile service contracts and extended warranties that they sold and issued to consumers and automobile dealers for cars, motorcycles and other vehicles.
On Monday, December 19, 2005, the Court of the State of Hawaii issued an Order of Liquidation of PrimeGuard. The Order enjoined and restrained PrimeGuard from the transacting of further business. Respondent PrimeGuard was prohibited from insuring any warranties issued by First Assured, 1Source or any other warranty company dated after the entry of Liquidation Order. First Assured, 1Source and any other warranty company were also enjoined from issuing any warranties that identified Respondent PrimeGuard as an insurer of such warranties. To the extent any such warranties were issued after the date of the Liquidation Order, to the extent those warranties identified Respondent PrimeGuard as an insurer, those warranties were deemed void and unenforceable as to Respondent PrimeGuard.
Contact Information
Previously Posted Information
- Email:
- Telephone inquiries: (800)860-3843
- Facsimile transmission: (808)586-0987
- Snail mail: PrimeGuard Insurance Co. – In Liquidation
C/O State of Hawaii
DCCA – Insurance Division
P.O. Box 3614
Honolulu, HI 96811