Ariz. Rev. Stat. » Title 20
Arizona Revised Statutes

Ariz. Rev. Stat. § 20-664 (2026)

Powers and duties of the board

✓ current as of May 2026
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A. The board shall:

1. Investigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the fund's obligation and deny all other claims.  In regard to workers' compensation claims, the board shall adjust, compromise, settle and pay compensable claims, and deny all other claims, subject to the regulatory and adjudicatory authority of the industrial commission over workers' compensation claims pursuant to title 23, chapter 6.

2. Within six months after the determination of insolvency or six months after the fund discovers or should have discovered the settlement of a covered claim, whichever is later, deny and state the basis for the denial or pay any covered claim that was settled within four months before the determination of insolvency of the insolvent insurer. This paragraph does not apply to a settlement of a workers' compensation claim or commutation of permanent disability benefits approved by the industrial commission unless the industrial commission award approving the settlement or commutation of benefits has not become final.

3. Allocate claims paid and expenses incurred among the three accounts of the fund separately.

4. Assess member insurers separately for each account of the fund and expend amounts assessed only for the purposes of the account into which the amounts assessed were placed.

5. Notify such persons as the director directs pursuant to section 20-668, subsection B, paragraph 1.

6. Handle claims through its employees or through one or more insurers or other persons designated as servicing facilities. Designation of a servicing facility shall be subject to the approval of the director. Designation may be declined by a member insurer.

7. Reimburse each servicing facility for obligations of the fund paid by the facility and for expenses incurred by the facility while handling the claims on behalf of the fund and pay the other expenses of the fund authorized pursuant to this article.

B. The board may:

1. Appear in, defend and appeal any action on a claim that is brought against the fund.

2. Employ or retain such persons as are necessary to handle claims and perform other duties of the fund.

3. Borrow funds necessary to carry out the intent of this article pursuant to the plan of operation.

4. Sue and be sued.

5. Negotiate and become a party to such contracts as are necessary to carry out the intent of this article.

6. Perform such other acts as are necessary or proper to carry out the intent of this article.

 

Notes of Decisions
Cited in 16 cases, 1973–1999 · leading case: Arizona Prop. & Cas. Ins. Guar. Fund v. Helme, 735 P.2d 451 (Ariz. 1987).
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Arizona Prop. & Cas. Ins. Guar. Fund v. Helme, 735 P.2d 451 (Ariz. 1987). · cites it 10× “” A.R.S. § 20-664(A)(1). 1 A “covered claim” is “an unpaid claim .”
Barmat v. John & Jane Doe Partners AD, 747 P.2d 1214 (Ariz. Ct. App. 1986). · cites it 6× “A.R.S. § 20-664. The board is also authorized to “[e]mploy or retain such persons as are necessary to handle claims and perform other duties of the fund.”
Clark Equip. Co. v. Arizona Prop. & Cas. Ins. Guar. Fund, 943 P.2d 793 (Ariz. Ct. App. 1997). · cites it 6× “Although the Fund statutes refer to the Fund’s payment of the expenses of handling claims, see A.R.S. §§ 20-664(A)(6), -666(A), and to expenses generally, see A.”
Fireman's Fund Ins. Co. v. ARIZ. INS. GUAR. ASS'N, 528 P.2d 839 (Ariz. Ct. App. 1975). · cites it 36× “The Act provides for representation of all member insurers (defined in A.R.S. § 20-661(6)) who are permitted to elect their own directors subject to the Director's approval.”
Cooper Claims Serv., Inc. v. Arizona Ins. Guar. Ass'n, 524 P.2d 1329 (Ariz. Ct. App. 1974). · cites it 6× “, became obligated to pay certain covered claims and expenses of the insolvent insurance companies (A.R.S. § 20-664), the Adjusters sought to have their claims for personal services included for payment.”
Skandia Am. Reinsurance Corp. v. Schenck, 441 F. Supp. 715 (S.D.N.Y. 1977). “” Ariz.Rev.Stat. § 20-664(A)(2) (1975). The court held that the receiver was entitled to the unearned commissions.”
Bills v. Arizona Prop. & Cas. Ins. Guar. Fund, 984 P.2d 574 (Ariz. Ct. App. 1999). “Finally, contrary to plaintiffs contention, the Fund’s general, permissive authority to “[b]orrow funds necessary to carry out the intent of [the statutes],” “[s]ue and be sued,” and “[p]erform such other acts as are necessary or proper to carry out the intent of [the…”
Fireman's Fund Ins. v. Arizona Ins. Guar. Ass'n, 536 P.2d 695 (Ariz. 1975). · cites it 4× “A.R.S. § 20-664. Members of the board are reimbursed also from the assets.”
Arizona Prop. & Cas. Ins. Guar. Fund v. Dailey, 751 P.2d 573 (Ariz. Ct. App. 1987). · cites it 2× “Since Ideal was in a New York state insolvency proceeding, the appellant, Arizona Property and Casualty Insurance Guaranty Fund (The Fund) became obligated, pursuant to A.R.S. § 20-664, as the insurer of the Baron in the place and stead of Ideal.”
A.H. v. Arizona Prop. & Cas. Ins. Guar. Fund, 943 P.2d 738 (Ariz. Ct. App. 1996). · cites it 2× “section 20-664(A)(1) (1990), the Guaranty Fund Board shall “[i]nvestigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the fund’s obligation.”
Arizona Ins. Guar. Ass'n v. Humphrey, 508 P.2d 1146 (Ariz. 1973). “” § 20-664, subsec. A, par. 2 provides: “A.”
Ah v. Arizona Prop. & Cas. Ins. Guar., 943 P.2d 738 (Ariz. Ct. App. 1997). · cites it 2× “section 20-664(A)(1) (1990), the Guaranty Fund Board shall "[i]nvestigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the fund's obligation.”
Show all 16 citing cases →
— Ariz. Rev. Stat. § 20-664(A) — 2 cases
Cooper Claims Serv., Inc. v. Arizona Ins. Guar. Ass'n, 524 P.2d 1329 (Ariz. Ct. App. 1974). “, became obligated to pay certain covered claims and expenses of the insolvent insurance companies (A.R.S. § 20-664), the Adjusters sought to have their claims for personal services included for payment.”
Fireman's Fund Ins. Co. v. ARIZ. INS. GUAR. ASS'N, 528 P.2d 839 (Ariz. Ct. App. 1975). “The Act provides for representation of all member insurers (defined in A.R.S. § 20-661(6)) who are permitted to elect their own directors subject to the Director's approval.”
— Ariz. Rev. Stat. § 20-664(A)(1) — 3 cases
Arizona Prop. & Cas. Ins. Guar. Fund v. Helme, 735 P.2d 451 (Ariz. 1987). “” A.R.S. § 20-664(A)(1). 1 A “covered claim” is “an unpaid claim .”
A.H. v. Arizona Prop. & Cas. Ins. Guar. Fund, 943 P.2d 738 (Ariz. Ct. App. 1996). “section 20-664(A)(1) (1990), the Guaranty Fund Board shall “[i]nvestigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the fund’s obligation.”
Ah v. Arizona Prop. & Cas. Ins. Guar., 943 P.2d 738 (Ariz. Ct. App. 1997). “section 20-664(A)(1) (1990), the Guaranty Fund Board shall "[i]nvestigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the fund's obligation.”
— Ariz. Rev. Stat. § 20-664(A)(2) — 2 cases
Arizona Prop. & Cas. Ins. Guar. Fund v. Helme, 735 P.2d 451 (Ariz. 1987). “” A.R.S. § 20-664(A)(1). 1 A “covered claim” is “an unpaid claim .”
Skandia Am. Reinsurance Corp. v. Schenck, 441 F. Supp. 715 (S.D.N.Y. 1977). “” Ariz.Rev.Stat. § 20-664(A)(2) (1975). The court held that the receiver was entitled to the unearned commissions.”
— Ariz. Rev. Stat. § 20-664(A)(3) — 1 case
Fireman's Fund Ins. Co. v. ARIZ. INS. GUAR. ASS'N, 528 P.2d 839 (Ariz. Ct. App. 1975). “The Act provides for representation of all member insurers (defined in A.R.S. § 20-661(6)) who are permitted to elect their own directors subject to the Director's approval.”
— Ariz. Rev. Stat. § 20-664(A)(6) — 2 cases
Clark Equip. Co. v. Arizona Prop. & Cas. Ins. Guar. Fund, 943 P.2d 793 (Ariz. Ct. App. 1997). “Although the Fund statutes refer to the Fund’s payment of the expenses of handling claims, see A.R.S. §§ 20-664(A)(6), -666(A), and to expenses generally, see A.”
Clark Equip. v. Prop. & Cas. Ins. Guar., 943 P.2d 793 (Ariz. Ct. App. 1997).
— Ariz. Rev. Stat. § 20-664(A)(l) — 2 cases
Arizona Prop. & Cas. Ins. Guar. Fund v. Helme, 735 P.2d 451 (Ariz. 1987). “” A.R.S. § 20-664(A)(1). 1 A “covered claim” is “an unpaid claim .”
Barmat v. John & Jane Doe Partners AD, 747 P.2d 1214 (Ariz. Ct. App. 1986). “A.R.S. § 20-664. The board is also authorized to “[e]mploy or retain such persons as are necessary to handle claims and perform other duties of the fund.”
— Ariz. Rev. Stat. § 20-664(B) — 3 cases
Clark Equip. Co. v. Arizona Prop. & Cas. Ins. Guar. Fund, 943 P.2d 793 (Ariz. Ct. App. 1997). “Although the Fund statutes refer to the Fund’s payment of the expenses of handling claims, see A.R.S. §§ 20-664(A)(6), -666(A), and to expenses generally, see A.”
Fireman's Fund Ins. Co. v. ARIZ. INS. GUAR. ASS'N, 528 P.2d 839 (Ariz. Ct. App. 1975). “The Act provides for representation of all member insurers (defined in A.R.S. § 20-661(6)) who are permitted to elect their own directors subject to the Director's approval.”
Clark Equip. v. Prop. & Cas. Ins. Guar., 943 P.2d 793 (Ariz. Ct. App. 1997).
— Ariz. Rev. Stat. § 20-664(B)(2) — 3 cases
Barmat v. John & Jane Doe Partners AD, 747 P.2d 1214 (Ariz. Ct. App. 1986). “A.R.S. § 20-664. The board is also authorized to “[e]mploy or retain such persons as are necessary to handle claims and perform other duties of the fund.”
Clark Equip. Co. v. Arizona Prop. & Cas. Ins. Guar. Fund, 943 P.2d 793 (Ariz. Ct. App. 1997). “Although the Fund statutes refer to the Fund’s payment of the expenses of handling claims, see A.R.S. §§ 20-664(A)(6), -666(A), and to expenses generally, see A.”
Clark Equip. v. Prop. & Cas. Ins. Guar., 943 P.2d 793 (Ariz. Ct. App. 1997).
— Ariz. Rev. Stat. § 20-664(B)(3) — 1 case
Bills v. Arizona Prop. & Cas. Ins. Guar. Fund, 984 P.2d 574 (Ariz. Ct. App. 1999). “Finally, contrary to plaintiffs contention, the Fund’s general, permissive authority to “[b]orrow funds necessary to carry out the intent of [the statutes],” “[s]ue and be sued,” and “[p]erform such other acts as are necessary or proper to carry out the intent of [the…”
— Ariz. Rev. Stat. § 20-664(B)(4) — 2 cases
State v. Arizona Prop. & Cas. Ins. Guar. Fund, 966 P.2d 557 (Ariz. Ct. App. 1998).
State v. Az. Prop. & Cas. Ins., 966 P.2d 557 (Ariz. Ct. App. 1998).
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