Order for Claim Filing Deadline in Liquidation Proceedings of the Lumbermens Companies

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August 22, 2013
Practice Groups:
Insurance Coverage
Toxic Tort
Order for Claim Filing Deadline in
Liquidation Proceedings of the
Lumbermens Companies
By Kay M. Brady, Ryan D. DeMotte and Denise N. Yasinow
A substantial number of business policyholders purchased historical insurance coverage from one of
the Lumbermens Companies, which include Lumbermens Mutual Casualty Company, American
Manufacturers Mutual Insurance Company, and American Motorists Insurance Company. Those
policyholders will want to pay special notice to the August 1, 2013 order of the Circuit Court of Cook
County, Illinois, setting the deadline for filing claims in the liquidation of the Lumbermens
Companies for November 10, 2014 at 4:30 p.m. C.S.T.
The recent claims deadline order follows the May 8, 2013 order of the Circuit Court placing the
Lumbermens Companies into liquidation. Under the court’s liquidation orders, all rights and
liabilities of the Lumbermens Companies and their policyholders, creditors, and interested parties are
fixed as of May 10, 2013.
The following are key aspects of the claims filing deadline that all Lumbermens Companies
policyholders should know to protect their interests and file claims in a timely way:
 Proofs of claim and supporting documents are to be filed with the Liquidator at the following
contact information according to specific transmission instructions laid out in the August 1 order:
Liquidator of the Lumbermens Companies
c/o the Office of the Special Deputy Receiver
222 Merchandise Mart Plaza, Suite 960
Chicago, IL 60654
Website: www.osdchi.com
Phone: 312.836.9500
 As required by statute, the proofs of claim must have a statement signed by the claimant that
includes all of the following information and representations:
a. particulars of the claim, including consideration given for it;
b. identity and amount of security on the claim;
c. payment made on the debt, if any;
d. sum claimed is justly owing and statement that there is no setoff, counterclaim, or defense to
the claim;
e. any right of priority of payment or other specific right;
f. name and address of claimant and, if applicable, the claimant’s attorney;
Order for Claim Filing Deadline in Liquidation Proceedings
of the Lumbermens Companies
g. claimant’s social security or federal employer identification number; and
h. supporting documentation, including, if necessary, a statement of the fact and of the
circumstances of the loss or destruction of any supporting documents.
 Policyholders must file a proof of claim for contingent claims by November 10, 2014 at 4:30 p.m.
C.S.T., but have until until the following year (November 10, 2015 at 4:30 p.m. C.S.T.) to submit
evidence establishing that the claim has been liquidated. Any policyholder whose contingent claim
is timely filed but not liquidated by the November 10, 2015 deadline may participate in
distributions of estate assets at the fifth priority level (a lower priority level than liquidated
policyholders claims, which participate at the fourth priority level), unless otherwise directed by
the court.
Policyholders with coverage from any of the Lumbermens Companies will want to take special notice
of this recent claims filing deadline, reviewing their coverage programs to determine whether they
have potential claims against the Lumbermens Companies and assessing what steps they can take to
begin supporting those claims.
Authors:
Kay M. Brady
kay.brady@klgates.com
+1.412.355.6235
Ryan D. DeMotte
ryan.demotte@klgates.com
+1.412.355.6440
Denise N. Yasinow
denise.yasinow@klgates.com
+1. 412.355.7425
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©2013 K&L Gates LLP. All Rights Reserved.
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