Introduction:
RE: H.O.W. BUILDER REPRESENTATION GROUP
Dear Builder-Member of Home Owners Warranty
Insurance Company:
The purpose of this letter is to introduce you to
and summarize the status of the Home Owners Warranty Insurance Company
receivership and liquidation proceedings and the representational
offering related as requested
HOWIC and its parent company, Home Owner’s
Warranty Corporation, were formed several decades ago to provide
warranty insurance for builders to home buyer customers. In 1994, the
Insurance Commissioner for the Commonwealth of Virginia determined
that HOWIC was insolvent, and therefore put HOWIC and related
companies into receivership. HOWIC stopped writing insurance at that
point.
Since then, HOWIC was run by a Special Deputy
Receiver retained by the Virginia Insurance Commissioner. The Special
Deputy Receiver, who is paid a significant annual fee, has spent the
past ten years collecting monies owed to HOWIC and resolving claims
against HOWIC, especially home owner warranty claims. Now, most of
those claims have been paid and the remaining assets of HOWIC, if any,
need to be distributed to final creditors and the owners of HOWIC.
The Receiver has put forth a plan of liquidation
that proposes to pay to the qualifying member-builders of HOWIC a
portion of the remaining assets of HOWIC, based on several formulas.
The application for the plan indicates that there may be substantial
surplus after payment to creditors. These formulas include, inter alia,
a portion reserved for ownership participation, and another portion
related to each individual Builder’s account profitability using
mathematical formulas relating to the loss experience. The Receiver
has opined that there are 6026 Builder-Members who are eligible for
distribution from the liquidation. There are a number of eligibility
requirements to participate in this liquidation. The most salient
feature is that a builder had to have insurance with HOWIC as of the
date of the Receivership in 1994.
It would appear that the Receiver has great latitude
in determining not only eligibility for a distribution, and approving
claims but even more importantly the timing of any distribution. For
example, the Receiver has up to five years to institute his plan of
liquidation, and may seek additional time. Time is money and five
years is a long window. We believe that acting together as a united
builder voice, we could more effectively press the Insurance
Commissioner for an expedited liquidation and builder payouts.
As representatives of Builder-Members having claims
to the liquidation fund and in addition to attempting to press the
Deputy Receiver to expedite the distribution of that fund, we shall:
Assist Builder claimants in the claims process,
including in matters related eligibility, identification of claimants,
confirming or filing claims through initial determination, collecting
and remitting distribution for Builder clients.
In response to the inquiry of J. Roger Glunt, we
have agreed to represent individual Builder-Members for a Contingent
Fee of twenty-five percent (25%) of each client’s proceeds. Our fee
structure and the terms of this engagement are set forth in greater
detail in our Representation Contingent Fee Agreement. We have
enlisted local counsel in Richmond, Virginia who is conversant with
the workings of the administrative bodies in the Virginia government,
including the Virginia Insurance Commissioner’s office. We have also
included on our team a former executive of H.O.W. In other words, we
have assembled an experienced team of attorneys and industry experts
for this undertaking.
Thank you for your inquiry. Should you have any
questions, comments or concerns, please feel free to contact
me.
Jerald R. Cureton, Esq.
jcureton@curetonclark.com
Cureton Clark, P.C.
3000 Midlantic Drive, Suite 200, Mount Laurel, NJ 08054
856-824-1001
856-824-1008 (Fax)