Executive Life Insurance Company (Calif.)

Judge Dismisses Suit Against NOLHGA

On January 23, 2006, Federal District Court Judge A. Howard Matz dismissed a lawsuit filed by five ELIC contract holders against NOLHGA. The lawsuit asserted various claims against NOLHGA related to a dispute over the ELIC participating guaranty associations' rights to share in Altus litigation recoveries, including anticipatory breach of contract; promissory estoppel; breach of fiduciary duties; and declaratory relief on various grounds. The lawsuit also sought to certify a class of claimants consisting of all policyholders who participated in the ELIC Rehabilitation Plan. The judge's dismissal order, which was in response to a motion to dismiss filed by NOLHGA, applies to the entire lawsuit and is with prejudice.

Task Force Chair - Art Dummer;   Staff Contact - Bill O'Sullivan

Legal Seminar Planning Begins

Planning has begun for the 14th Annual NOLHGA Legal Seminar, which is scheduled to take place on August 3-4, 2006, at The Renaissance Harborplace Hotel in Baltimore, Md. The seminar will be held in conjunction with an MPC meeting scheduled for August 1-2.

On February 10, the Legal Seminar Planning Committee held its kickoff teleconference to develop an agenda for the seminar. The committee consists of Chair Jan Funk (Indiana), John Colpean (Michigan), Joel Glover (Rothgerber, Johnson & Lyons), Chuck Gullickson (South Dakota), Jack Falkenbach (Delaware), Doug Furlong (New Jersey), Tad Rhodes (Oklahoma), and Charlie Richardson (Baker & Daniels). Outside suggestions of speaker and topic ideas are always appreciated. Please call Aimee Hoffman at 703.787.4115 or e-mail Meg Melusen at [email protected] if you have any questions or suggestions for speakers and presentations.

  Staff Contact -

MPC Meeting Briefing Book Posted

The briefing book for the upcoming MPC meeting, which will be held February 21-22, 2006, in Phoenix, Ariz., has been posted on the meeting Web page, which is located here. Users may need to log in after clicking on the link to access the file, which can be found in the "Meeting Resources" section.

Due to the confidential nature of the briefing materials, only NOLHGA Board members, guaranty association administrators, members of guaranty association boards, and other association representatives who will attend the meeting as the designated voting guaranty association representative can access the briefing book. Other guaranty system representatives who need a particular insolvency status report should contact the appropriate NOLHGA staff contact.

The briefing book includes the meeting schedule, an attendee list, status reports for the upcoming meeting, and other meeting materials. It is in PDF format, and users will need Adobe Acrobat Reader to view and print the materials. Acrobat Reader is available free from Adobe.

If you have any trouble accessing the meeting Web page or briefing book, please contact Dan Hicks at [email protected] or 703.787.4112. If you have any questions about the meeting, contact Sean McKenna at [email protected] or 703.787.4106.

  Staff Contact - Sean McKenna

2006 Conflicts Surveys and Antitrust Responses Due February 17

NOLHGA's Conflicts Policy and 2006 questionnaire were mailed February 2, 2006, to all NOLHGA personnel and representatives, including NOLHGA's Board members, committee and task force members, and consultants. At that same time, NOLHGA's Antitrust Policy and 2006 certification forms were sent to all of the persons referenced above as well as all NOLHGA members.

The conflicts questionnaire and antitrust certification must be completed on an annual basis. Responses are due by close of business next Friday, February 17. For those who have not yet completed and returned these items, we ask that you please do so right away.

These forms should only take a few minutes to complete, and your timely response is very important. Responses may be submitted by fax (703.481.5209) or mail and should be directed to the attention of Aimee Hoffman. Please feel free to call Aimee at 703.787.4115 if you have any questions or would like to request additional forms. As always, your assistance in this matter is greatly appreciated.

  Staff Contact - Joni Forsythe