Ariz. Rev. Stat. » Title 20

Ariz. Rev. Stat. § 20-661

Definitions

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In this article, unless the context otherwise requires:

1. "Account" means any one of the three accounts within the Arizona property and casualty insurance guaranty fund.

2. "Board" means the guaranty fund board.

3. "Covered claim" means an unpaid claim, including one for unearned premium, which arises out of and is within the coverage of an insurance policy to which this article applies issued by an insurer, if such insurer becomes an insolvent insurer after August 27, 1977 and the claimant or insured is a resident of this state at the time of the insured event or the property from which the claim arises is permanently located in this state. Covered claim does not include any amount due any reinsurer, insurer, insurance pool or underwriting association as subrogation recoveries or otherwise nor shall it include any obligations of the insolvent insurer arising out of any reinsurance contracts nor shall it include  attorney fees or adjustment expenses incurred prior to the determination of insolvency.

4. "Fund" means the Arizona property and casualty insurance guaranty fund.

5. "Insolvent insurer" means an insurer that is licensed to transact insurance in this state either at the time the policy was issued or when the insured event occurred and against whom an order of liquidation with a finding of insolvency has been entered after September 19, 2007 by a court of competent jurisdiction in the insurer's state of domicile or by this state pursuant to section 20-623, and the order of liquidation has not been stayed or been the subject of a writ of supersedeas or other comparable order.  For purposes of the workers' compensation insurance account, insolvent insurer includes any insolvent insurer against which an order of liquidation with a finding of insolvency has been entered on, before or after the effective date of this section.

6. "Member insurer" means any person who writes any kind of insurance, unless such writing is restricted solely to life, title, surety, disability, credit, mortgage guaranty, ocean-marine or surplus lines insurance, including the exchange of reciprocal or inter-insurance contracts, and is licensed to transact insurance in this state.

7. "Net direct written premiums" means direct gross premiums written in this state on insurance policies to which this article applies, less return premiums and dividends paid or credited to policyholders on such direct business. Net direct written premiums do not include premiums on contracts between insurers or reinsurers.

 

Notes of Decisions
Cited in 31 cases, 1973–2005 · leading case: Arizona Property & Casualty Insurance Guaranty Fund v. Helme
Sort: Relevance Newest Treatment
Arizona Property & Casualty Insurance Guaranty Fund v. Helme (1987) ariz · cites it 6× “See A.R.S. §§ 20-661 et seq. The Fund, however, may pay no more than $99,900 on each “covered claim.”
Bills v. Arizona Property & Casualty Insurance Guaranty Fund (1999) arizctapp · cites it 10× “Those laws were repealed and replaced with a new set of statutes, A.R.S. §§ 20-661 through 20-680 (“the statutes”), in 1977.”
Arizona Property & Casualty Insurance Guaranty Fund v. Herder (1988) ariz · cites it 4× “Because his damages exceeded this recovery, he then filed a claim with Ambassador for the $15,-000 limit available under his own uninsured motorist coverage.”
Clark Equipment Co. v. Arizona Property & Casualty Insurance Guaranty Fund (1997) arizctapp · cites it 15× “On March 31, 1987, the Arizona Department of Insurance notified the Fund of Integrity’s insolvency and “formally invoke[d] Arizona’s Property and Casualty Insurance Guaranty Fund law, A.R.S. § 20-661, et seq., in order to provide protection to Arizona residents who may have…”
A.H. v. Arizona Property & Casualty Insurance Guaranty Fund (1997) ariz · cites it 4× “Pursuant to A.R.S. §§ 20-661 to 20-680 the Fund is obligated, within limits, to pay all “covered” claims of insolvent insurers.”
Betancourt v. Arizona Property & Casualty Insurance Fund (1991) arizctapp · cites it 5× “In Herder , the supreme court explained that “the legislative objective [of A.R.S. § 20-661 et seq.] was to make the Fund liable to the same extent that the insolvent insurer would have been liable under its policy.”
Wells Fargo Credit Corp. v. Arizona Property & Casualty Insurance Guaranty Fund (1990) arizctapp · cites it 4× “A “covered claim” is defined as: an unpaid claim, including one for unearned premium, which arises out of and is within the coverage of an insurance policy to which this article applies____ A.R.S. § 20-661(3) (emphasis added). However, this obligation is limited by § 20-667(B),…”
Jangula v. Arizona Property & Casualty Insurance Guaranty Fund (2004) arizctapp · cites it 6× “After Jangu-la sued Angela, Reliance was declared insolvent, and the Fund assumed Reliance’s obligations in accordance with A.R.S. §§ 20-661 to -680 (2002). ¶ 5 Under A.”
Arizona Property & Casualty Insurance Guaranty Fund v. Ueki (1986) arizctapp · cites it 3× “Pursuant to A.R.S. § 20-661 et seq., the Fund succeeded Ambassador in connection with appellant’s claim against Henry Ueki.”
Arizona Property & Casualty Insurance Guaranty Fund v. Martin (2005) arizctapp · cites it 2× “” After Reliance became insolvent in 2001, the Fund took over the defense of the tort action pursuant to A.R.S. §§ 20-661 and 20-667. ¶ 4 In February 2003, the Fund filed this DRA, requesting a ruling that insurance coverage was excluded under the Reliance policy because…”
Fireman's Fund Insurance v. Arizona Insurance Guaranty Ass'n (1975) ariz · cites it 4× “A.R.S. § 20-661 et seq. The opinion of the Court of Appeals, Fireman’s Fund Insurance Co.”
Indiana Insurance Guaranty Ass'n v. Blickensderfer (2002) indctapp “” A.R.S. §§ 20-661(6), -666(A). The Fund pays its “costs, expenses and *447 liabilities” from the assessments of the member insurers.”
Show all 31 citing cases →
— Ariz. Rev. Stat. § 20-661(3) — 17 cases
Arizona Property & Casualty Insurance Guaranty Fund v. Helme (1987) ariz “See A.R.S. §§ 20-661 et seq. The Fund, however, may pay no more than $99,900 on each “covered claim.”
Bills v. Arizona Property & Casualty Insurance Guaranty Fund (1999) arizctapp “Those laws were repealed and replaced with a new set of statutes, A.R.S. §§ 20-661 through 20-680 (“the statutes”), in 1977.”
Clark Equipment Co. v. Arizona Property & Casualty Insurance Guaranty Fund (1997) arizctapp “On March 31, 1987, the Arizona Department of Insurance notified the Fund of Integrity’s insolvency and “formally invoke[d] Arizona’s Property and Casualty Insurance Guaranty Fund law, A.R.S. § 20-661, et seq., in order to provide protection to Arizona residents who may have…”
Arizona Property & Casualty Insurance Guaranty Fund v. Herder (1988) ariz “Because his damages exceeded this recovery, he then filed a claim with Ambassador for the $15,-000 limit available under his own uninsured motorist coverage.”
Betancourt v. Arizona Property & Casualty Insurance Fund (1991) arizctapp “In Herder , the supreme court explained that “the legislative objective [of A.R.S. § 20-661 et seq.] was to make the Fund liable to the same extent that the insolvent insurer would have been liable under its policy.”
— Ariz. Rev. Stat. § 20-661(4) — 1 case
Fireman's Fund Ins. Co. v. ARIZ. INS. GUAR. ASS'N (1975) arizctapp
— Ariz. Rev. Stat. § 20-661(6) — 6 cases
Wells Fargo Credit Corp. v. Arizona Property & Casualty Insurance Guaranty Fund (1990) arizctapp “A “covered claim” is defined as: an unpaid claim, including one for unearned premium, which arises out of and is within the coverage of an insurance policy to which this article applies____ A.R.S. § 20-661(3) (emphasis added). However, this obligation is limited by § 20-667(B),…”
Bills v. Arizona Property & Casualty Insurance Guaranty Fund (1999) arizctapp “Those laws were repealed and replaced with a new set of statutes, A.R.S. §§ 20-661 through 20-680 (“the statutes”), in 1977.”
Indiana Insurance Guaranty Ass'n v. Blickensderfer (2002) indctapp “” A.R.S. §§ 20-661(6), -666(A). The Fund pays its “costs, expenses and *447 liabilities” from the assessments of the member insurers.”
Clark Equipment Co. v. Arizona Property & Casualty Insurance Guaranty Fund (1997) arizctapp “On March 31, 1987, the Arizona Department of Insurance notified the Fund of Integrity’s insolvency and “formally invoke[d] Arizona’s Property and Casualty Insurance Guaranty Fund law, A.R.S. § 20-661, et seq., in order to provide protection to Arizona residents who may have…”
Fireman's Fund Ins. Co. v. ARIZ. INS. GUAR. ASS'N (1975) arizctapp
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