-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, FS2L/2RS6gFxZ++2S8ft3tbDC64c2h6EDdjMXqVCD12wmrxwUezXb6jjLdAxzN3+ lj5+YNQwzejLfj9fYstlPQ== 0000814181-08-000026.txt : 20080808 0000814181-08-000026.hdr.sgml : 20080808 20080808150358 ACCESSION NUMBER: 0000814181-08-000026 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080804 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20080808 DATE AS OF CHANGE: 20080808 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PENN TREATY AMERICAN CORP CENTRAL INDEX KEY: 0000814181 STANDARD INDUSTRIAL CLASSIFICATION: ACCIDENT & HEALTH INSURANCE [6321] IRS NUMBER: 231664166 STATE OF INCORPORATION: PA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-14681 FILM NUMBER: 081002137 BUSINESS ADDRESS: STREET 1: 3440 LEHIGH ST CITY: ALLENTOWN STATE: PA ZIP: 18103 BUSINESS PHONE: 6109652222 MAIL ADDRESS: STREET 1: 3440 LEHIGH ST CITY: ALLENTOWN STATE: PA ZIP: 18103 8-K 1 form8-k_fl08.htm FORM 8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): August 4, 2008

 

Penn Treaty American Corporation

(Exact name of registrant as specified in its charter)

 

Pennsylvania

001-14681

23-1664166

(State or other jurisdiction of incorporation)

(Commission File Number)

(IRS Employer Identification No.)

 

3440 Lehigh Street, Allentown, Pennsylvania 18103

(Address of Principal Executive Offices) (Zip Code)

 

Registrant’s telephone number, including area code: (610) 965-2222

 

Not Applicable

(Former name or former address, if changed since last report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 


Item 8.01      Other Events.

 

On August 4, 2008, the Company received the attached letter from the Florida Office of Insurance Regulation stating that the certificate of authority of one of the Company's insurance subsidiaries was deemed to have expired on June 4, 2008.  The Company’s subsidiary will be filing a petition to contest this action.  The Company intends to pursue all of its legal rights and remedies to challenge this action.  The Company has not issued new business in Florida since June 4, 2007. 

 

Item 9.01

Financial Statements and Exhibits.

 

(d)

Exhibits.

 

Exhibit

Description

99.1

Florida Office of Insurance Regulation letter dated August 4, 2008

 

 

 

2

 


SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

PENN TREATY AMERICAN CORPORATION

 

August 8, 2008

By: /s/ Mark Cloutier

 

Name:

Mark Cloutier

 

Title:

Executive Vice President, Chief Financial Officer and Treasurer

 

 

 

3

 


EXHIBIT INDEX

 

Exhibit

Description

 

99.1

Florida Office of Insurance Regulation letter dated August 4, 2008

 

 

 

 

4

 

 

EX-99 2 exhibit991.htm EXHIBIT 99.1 LETTER

 

Exhibit 99.1  

 

FINANCIAL SERVICES COMMISSION

 

 

[SEAL]                        

CHARLIE CRIST

GOVERNOR

 

 

OFFICE OF INSURANCE REGULATION   

ALEX SINK

CHIEF FINANCIAL OFFICER

 

BILL MCCOLLUM

ATTORNEY GENERAL

 

CHARLES BRONSON

COMMISSIONER OF AGRICULTURE

 

KEVIN M. McCARTY

COMMISSIONER

 

 

August 4, 2008

 

SENT VIA E-MAIL & U. S. CERTIFIED MAIL

 

Mr. William W. Hunt, Jr., President

Penn Treaty Network America Insurance Company

3440 Lehigh Street

Allentown, Pennsylvania 18103-7001

 

Re: Penn Treaty Network America Insurance Company

 

Dear Mr. Hunt:

 

The Florida Office of Insurance Regulation (“Office”) has received the May 31, 2008 monthly financial statement submitted on behalf of Penn Treaty Network America Insurance Company (“Company’), as well as the supplemental information submitted by the Company on July 11, 2008.

 

Period of Suspension

On June 4, 2007, the Office entered Order number 90386-07, which suspended Company’s certificate of authority for a period of 12 months. A copy of that Order is attached as Exhibit “A”. Regarding the duration of suspension, Section 624.421(3), Florida Statutes, states:

 

If the suspension of the certificate of authority is for a fixed period of time and the certificate of authority has not been otherwise terminated, upon expiration of the suspension period the insurer’s certificate of authority shall be reinstated unless the office finds that the insurer is not in compliance with the requirements of this code. The office shall promptly notify the insurer of such reinstatement, and the insurer shall not consider its certificate of authority reinstated until so notified by the office. If not reinstated, the certificate of authority shall be deemed to have expired as of the end of the suspension period or upon failure of the insurer to continue the certificate during the suspension period in accordance with subsection (2), whichever event first occurs.

 

•••

ROBERT A. WILLIS • DIRECTOR • LIFE & HEALTH FINANCIAL OVERSIGHT

200 EAST GAINES STREET •TALLAHASSEE, FLORIDA 32399-0327 •(850) 413-5050 •FAX (850) 488-7061

website:    www.floir.com  •  Al.Willis@floir.com

 

Affirmative Action / Equal Opportunity Employer

 


William W. Hunt, Jr.

August 4, 2008

Page 2

 

 

Calculation of Surplus Deficiencies

Based upon a review of the Company’s May 31, 2008 monthly financial statement, filed June 25, 2008, as well as the supplemental information submitted by the Company on July 11, 2008, covering the period between May 31, 2008 and June 4, 2008, the Office is unable to find that the Company is in compliance with the Florida Insurance Code. Specifically, the Company’s excess capital and surplus is statutorily deficient. The deficiency amount is the reported capital and surplus less: 1) the capital and surplus required by Section 624.408(1)(a) 3., Florida Statutes, and 2) the excess investment in subsidiaries and/or affiliates as defined by Sections 625.151(3) and 625.325, Florida Statutes.

 

Therefore, based on the information provided by Company in its May 31, 2008 financial statement and the supplemental information provided by Company on July 11, 2008, and pursuant to Section 624.421(3), Florida Statutes, the Office finds that Company is not in compliance with the Florida Insurance Code. Thus, Penn Treaty Network America Insurance Company’s certificate of authority shall be deemed to have expired as of the end of the suspension period, on June 4, 2008.

 

Sincerely,

/s/ R A Willis

Robert A. Willis, Director

 

Enclosures:

Exhibit “A”

 

Notice of Rights

 

cc:

Paul Johns

 

Valerie Reglat

 

Cameron Waite

 

Anoush Brangaccio

 

 

 

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