About the Claims Process
Persons with a potential claim against The Home Insurance Company in Liquidation ("Home") or US International Reinsurance Company in Liquidation ("USI Re") may file proof of claim forms with the appropriate Liquidation.
The Superior Court of Merrimack County, New Hampshire placed Home and USI Re in liquidation on June 13, 2003. In the Order of Liquidation issued by the court, the deadline for filing proof of claim forms was set at June 13, 2004.
However, proof of claim forms may be filed after that date. New Hampshire statutes provide that, under certain circumstances, claimants who make late filings may nonetheless participate in distributions. See NH RSA 402-C:37 II and III,
. A complete written explanation regarding the timing of filing should be included with those proof of claim forms filed after June 13, 2004.
Proof of claim forms and instructions on how and where to file proof of claim forms can be found on this website at "Key Documents Relating to the Liquidations." Supplements to proof of claim forms should be mailed directly to the Liquidation at the address specified in the instructions for filing proof of claim forms.
If you have filed a claim and have not yet received a notice of determination, please bear in mind that a large volume of claims have been filed and are being processed. If you wish to inquire about the status of your claim, you may call The Home Insurance Company in Liquidation directly at 1-800-347-0014.
Upon receipt of a notice of determination, a claimant may (but need not) file a request for review with the Liquidator within 30 days of the mailing of the notice of determination. The claim will be reviewed again by the Liquidator, who will then issue a notice of re-determination.
If a claimant takes issue with the Liquidator's determination (or re-determination), the claimant can file an objection with the Merrimack County Superior Court within 60 days from the date of the Liquidator's mailing of notice of determination (or re-determination). See
court order dated January 19, 2005.
Upon the filing of an objection by the claimant with the Merrimack Superior Court, the disputed claim will be transferred to the Liquidation Clerk, who will commence disputed claim proceedings by issuing a Notice of Disputed Claim. For disputed claim procedures, see
court order dated January 19, 2005.
Proceedings regarding disputed claims will be administered by the Office of the Liquidation Clerk and will be adjudicated by the Referee, under the supervision of the Merrimack County Superior Court.
Disputed small claims -- claims with an asserted value of less than $50,000 -- will be processed on an expedited basis. Small claims may be set for an immediate pre-hearing conference, at which the Referee is authorized to issue a final determination.
Other claims will be the subject of a Structuring Conference before the Referee. Claim disputes will be heard based on written submissions by the claimant and the Liquidator filed in accordance with the schedule set forth in the Merrimack County Superior Court order establishing procedures for disputed claims or as determined in the Structuring Conference Order issued by the Referee, unless a request for an evidentiary hearing is made and granted. If an evidentiary hearing is granted, there will also be a pre-hearing conference, and the evidentiary hearing will be recorded and held in accordance with New Hampshire practice.
The Referee will rule on disputed claims by issuing a report in accordance with RSA 519:10-12, which will be filed with the Merrimack County Superior Court and mailed to all participants in the disputed claim proceeding.
The claimant or Liquidator may file a motion to recommit within 15 days from the date the report is filed with the Court. If no motion to recommit is timely filed, the Court will enter judgment on the Referee's report in accordance with RSA 519:12.