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General Proof of Claim Form Information - Cumberland Casualty and Surety Company ("Cumberland")

How do I file a proof of claim with the Receiver?

You should complete, sign and return a proof of claim form along with any supporting documentation. To be considered timely filed, claims should be submitted and postmarked on or before Tuesday, January 26, 2010.

On August 10, 2009, the Receiver mailed proof of claim forms to individuals and entities that the Receiver identified as having a possible claim in the Cumberland estate. The proof of claim form mailing also provided a notice that informs claimants of the Receiver's approved Plan of Rehabilitation. If you did not receive a proof of claim form and have a claim you would like considered, you may download a notice and proof of claim form by clicking here.

I did not receive a proof of claim form in the mail or have misplaced it. How do I now obtain a proof of claim form?

If you did not receive a proof of claim form and have a claim you would like considered, you may download a notice and proof of claim form by clicking here.

What happens if I fail to file the proof of claim form by the January 26, 2010 deadline? Can I still file a claim? Will it be considered late-filed?

In the Receiver's approved Plan of Rehabilitation, a claims filing deadline of January 26, 2010 was established. In the order, it states that late filed claims will be denied unless otherwise ordered by the Court. So it is important that you file your claim by the established claim filing deadline. Otherwise you may have to file with the Court to have the Receiver consider your claim.

If you believe that your proof of claim form should be considered timely-filed, you may submit a request to have the Receiver consider accepting your proof of claim form as timely-filed.  With appropriate supporting documentation, Florida Statute 631 gives you the right to petition the Receivership court (Second Judicial Circuit Court, Tallahassee, Leon County, Florida, Case Number 2004-507) to accept your claim as filed timely.

Will the claim filing deadline be extended?

No.

Can you verify receipt of my proof of claim?

If you decide to submit a paper proof of claim form you should send it by certified mail, return receipt requested, or overnight mail (FedEx, UPS, etc.) and save the delivery certification cards as proof of timely mailing. No confirmations of receipt of individual proof of claim forms will be mailed.

When will my claim be paid and how much will I receive?

The amount of any potential payment is unknown until after the amount of all liabilities has been established and all reasonable efforts to recover and liquidate assets have been exhausted. Please be advised that it may take several years before a distribution of assets, if any, is made in this receivership, due to collection efforts and litigation.

What if I don’t know the exact amount of my claim or don’t have all the documentation available at the time I submit my proof of claim?

In the amount claimed field on the proof of claim form, enter “$1.00” if you don’t know the exact amount of the claim.

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