Opinion
Case No: 3:04CV059.
February 2, 2006
ORDER AND SUMMONS DIRECTED TO HARTFORD LIFE ACCIDENT INSURANCE COMPANY/HARDFORD LIFE PRIVATE PLACEMENT, LLC.
This case is before the Court upon the Receiver's Motion to Show Cause Why Certain Insurance Companies Should Not Be Held In Contempt (Doc. #353).
On March 11, 2005, the Court ordered HARTFORD LIFE ACCIDENT INSURANCE COMPANY/HARDFORD LIFE PRIVATE PLACEMENT, LLC. and certain other insurance companies to change the ownership of record and the beneficiary status on certain insurance policies "to the name of H. Thomas Moran, II, Receiver, and/or H. Thomas Moran, II, Receiver, as Successor Trustee as may be appropriate." (Doc. #191 at 1). The March 11, 2005 Order required such changes to be made within ten days from the date of receipt of the Order and also provided notice to HARTFORD LIFE ACCIDENT INSURANCE COMPANY/HARDFORD LIFE PRIVATE PLACEMENT, LLC. and the other insurance companies that a failure to comply would result in the issuance of a further Order, upon application by the Receiver, to show cause why any non-complying insurance company should not be held in contempt for failing to cooperate with the Receiver. (Doc. #191 at 2).
In the presently pending Motion to Show Cause and supporting Exhibit, the Receiver states that he served a copy of the March 11, 2005 Order on HARTFORD LIFE ACCIDENT INSURANCE COMPANY/HARDFORD LIFE PRIVATE PLACEMENT, LLC., but HARTFORD LIFE ACCIDENT INSURANCE COMPANY/HARDFORD LIFE PRIVATE PLACEMENT, LLC. has not changed the ownership and beneficiary designations as required by that Order. (Doc. #191 at 3 and Exh. 1). Because of this apparent failure by HARTFORD LIFE ACCIDENT INSURANCE COMPANY/HARDFORD LIFE PRIVATE PLACEMENT, LLC., and in light of the Court's exclusive jurisdiction over the assets and administration of the Receivership in this case, good cause exists to summons HARTFORD LIFE ACCIDENT INSURANCE COMPANY/HARDFORD LIFE PRIVATE PLACEMENT, LLC. before this Court for the purpose of providing it with notice and an opportunity to show cause why it should not be held in contempt for failure to comply with the Order of March 11, 2005 and for interfering with the Receivership in the present case.
See Eller Indus., Inc. v. Indian Motorcyle Mfg., Inc., 929 F.Supp. 369, 370-72 (D. Colo. 1995).
IT IS THEREFORE ORDERED THAT:
1. The Receiver's Motion to Show Cause Why Certain Insurance Companies Should Not Be Held In Contempt (Doc. #353) is GRANTED as to HARTFORD LIFE ACCIDENT INSURANCE COMPANY/HARDFORD LIFE PRIVATE PLACEMENT, LLC.;
2. HARTFORD LIFE ACCIDENT INSURANCE COMPANY/HARDFORD LIFE PRIVATE PLACEMENT, LLC. shall either:
(a) change the ownership of record and the beneficiary status of the pertinent insurance policy as required by the Court's March 11, 2005 Order (Doc. #191) and immediately notify the Receiver of its compliance with the Order of March 11, 2005; OR
(b) HARTFORD LIFE ACCIDENT INSURANCE COMPANY/HARDFORD LIFE PRIVATE PLACEMENT, LLC. shall appear at 9:30 A.M. on March 8, 2006 in Courtroom #5, Federal Building and Courthouse, 200 West Second Street, Dayton, Ohio to show cause why it should not be held in contempt of the Court's March 11, 2005 Order (Doc. #191) and for interfering with the Receivership in this case; and
3. The Clerk of Courts is directed to serve a copy of this Order and a copy of the Order of March 11, 2005 (Doc. #191) by certified mail return receipt requested at the following address:
HARTFORD LIFE ACCIDENT INSURANCE COMPANY/HARDFORD LIFE PRIVATE PLACEMENT, LLC. c/o its Registered Service Agent: CT Corporation System 1300 East 9th Street Cleveland, OH 44114