ORDERS:
ORDER OF DISMISSAL
In
the above captioned matter, Respondent Healthcare Casualty of America, Inc.
(“Healthcare Casualty”) requested a contested case hearing before the South
Carolina Administrative Law Court (“Court” or “ALC”) pursuant to a licensing
letter issued to Healthcare Casualty by Petitioner South Carolina Department of
Insurance (“Department”). The parties have now agreed to settle this contested
case under the terms as set forth in the attached document entitled “Settlement
Agreement.” The Settlement Agreement is incorporated herein by reference.
IT
IS THEREFORE ORDERED that this contested case action is dismissed with
prejudice.
AND
IT IS SO ORDERED.
__________________________________ JOHN D. GEATHERS
Administrative Law Judge
1205 Pendleton Street, Suite 224
Columbia, South Carolina
29201-3731
March 19, 2007
Columbia, South Carolina
SETTLEMENT
AGREEMENT
06-ALJ-09-0560-CC
WHEREAS pursuant
to the licensing letter issued by the Department to Healthcare Casualty of
America, Inc. on November 19, 2002, the Company was required to have one
million two hundred fifty thousand ($1,250,000) dollars in capital and surplus
as of December 31, 2005; and
WHEREAS on May 3, 2006, the Department issued a letter alleging, inter alia, that Healthcare Casualty failed to meet the requirements of Sections
38-90-40 and/or 38-90-50 of the Code of Laws of South Carolina 1976, as amended
and notifying Healthcare Casualty of its right to a contested case hearing
before the Administrative Law Court; and
WHEREAS, the Company
timely requested a contested case hearing; and
WHEREAS, certain
materials have been filed with the Clerk of the Administrative Law Judge
Division and with the Administrative Law Judge assigned to the contested case
which are confidential under one or more provisions of Title 38, Chapter 90 of the
South Carolina Code of Laws; and
WHEREAS the Company acknowledges
only that it failed to meet the requirements set forth in the Department’s
letter of November 19, 2002 and Sections 38-90-40 and/or 38-90-50 with respect
to capitalization and/or surplus; and
WHEREAS the parties
wish to avoid the risks and expense of litigation, and settlement of this
matter in accordance with the terms set forth herein and such further terms as
the Court may direct is in the best interest of the parties and the public and
is a just and equitable resolution of this matter.
NOW, THEREFORE, pursuant
to the authority granted to the Director of the Department by S.C. Code Ann.
38-90-90 (2000 and Supp. 2005) and in accordance with the S.C. Administrative
Procedures Act (APA) and S.C. Code Ann. § 1-23-10 et seq. the
parties have agreed the Company will waive its right to a hearing and consent
to the revocation of its captive insurance company license, and;
SETTLEMENT
AGREEMENT
06-ALJ-09-0560-CC
IT IS FURTHER
STIPULATED that the following materials are to be treated as CONFIDENTIAL
pursuant to the requirements of S.C. Code Ann. 38-90-35 & S.C. Code Ann. 38-90-80(B)
(2000 and Supp. 2005) by the Clerk of the Administrative Law Judge Division:
1. Attachment
to the Notice of Request for Contested Case Hearing
2. Attachment to the Agency Information Sheet and
Notice of Appearance
3. Agency Prehearing Statement
4. Respondent’s Prehearing Statement
The parties
present these terms to the South Carolina Administrative Law Court for the
entry of a Consent Order, stating that this agreement constitutes settlement of
a disputed claim.
s/Geoffrey R. Bonham______ s/John
P. Seibels, Jr.________________
Geoffrey R. Bonham, Esquire John
P. Seibels, Jr., Esquire
South Carolina Department of
Insurance Seibels Law Firm, P.A.
PO Box 100105 165
A King Street
Columbia, SC 29202-3105 Charleston,
SC 29401
Attorney
for Respondent
Healthcare
Casualty of America, Inc.
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