Insurance Company Insolvencies and Guarantee Funds

Our insurance lawyers are well versed in the laws that create and govern the complex state-based insurance insolvency infrastructure. We regularly represent state property and casualty insurance guaranty funds in addressing their unique coverage issues and, in connection therewith, have litigated many important matters of first impression through the trial courts, intermediary appellate courts and on through the highest state courts of appeal. In this capacity, we routinely interact with insurance regulators, receivers and insurance company representatives who sit on the state guaranty funds’ Boards of Directors. Dykema’s experience also includes working directly with the National Conference of Insurance Guaranty Funds (NCIGF), an association of the property and casualty insurance guaranty associations in all 50 states, plus the District of Columbia, Puerto Rico and the Virgin Islands.

We also have represented receivers and liquidators of insolvent estates and have pursued litigation against former officers and directors of the insolvent insurance companies on behalf of such clients. Our attorneys are members of the International Association of Insurance Receivers (IAIR), participating in and speaking at IAIR meetings.

Experience Matters

  • Represented the Michigan Property & Casualty Guaranty Association (MCCA) in numerous cases of first impression pertaining to interpretation of its statutory mandate.  
  • Dykema serves as General Counsel to the MCCA, providing ongoing counseling, regulatory and litigation advice concerning guaranty association rights and obligations in dozens of insolvencies throughout the country.
  • We provide regulatory advice in connection with insurance company portfolio sales and acquisitions regarding stakeholder rights and responsibilities when an insurance company becomes insolvent.
  • Served as counsel for policyholders in mortgage and property and casualty company insolvencies, seeking to maximize recovery for the policyholders in the estates.
  • Represented multiple guaranty associations in disputes with state liquidators on issues concerning guaranty association claims in an insolvent estate.
  • Provided amicus briefing for the National Conference of Insurance Guaranty Funds.