James Whelan v. Trinidad Willis

James Whelan sued Trinidad Willis on an auto negligence theory claiming to have been injured and/or damaged in a car wreck caused by Willis that occurred in Tulsa County, Oklahoma.



Trinidad Willis files this Notice of Automatic Stay.



Santa Fe Auto Insurance Company, which insures Defendant Trinidad Willis has been placed into receivership by the State of Texas. This action automatically stays this lawsuit for ninety (90) days from March 8, 2013.



1. On February 28, 2013, the State of Texas filed a delinquency proceeding under

Chapter 443 of the Texas Insurance Code against Santa Fe Auto Insurance Company ("SFAIC”)

in Cause No. D-1-GV-13-000204 in the proceeding styled The State of Texas v. Santa Fe Auto

Insurance Companji [hereinafter the Retewershtp Proceedrnj in the 419th District Court of Travis

County, Texas -



2 Defendant Trinidad Willis is an insured of SFAIC Pursuant to TEX INS CODE 443.008(d);

Except as provided in Subsection (e) or as otherwise provided by this ch pter, e

commencement of a delinquency proceeding under this chapter ope tes as

stay, applicable to all persons, of any judicial, administrative, or other a tion r

proceeding, including the enforcement of any judgment, against any insured that was or could have been commenced before the commencement of the delinquency proceeding under this chapter, or to recover a claim against the insured that arose before or after the commencement of the delinquency proceeding under this chapter and for which the insurer is or may be liable under a policy of insurance or is obligated to defend a party. The stay provided by this subsection terminates 90 days after the date of appointment of the receiver, unless, for good cause shown, the stay is extended by order of the receivership court after notice to any affected parties and any hearing the receivership court determines is appropriate.



3. On March 8, 2013, the Receivership Court entered an Order Appointing Rehabilitator

and Permanent Injunction (the "Receivership Order”) appointing the Commissioner of Insurance as

Rehabilitator. On March 11, 2013, the Rehabilitator designated Cantilo & Bennett, L.L.P., as

Special Deputy Receiver of Santa Fe Auto Insurance Company. A copy of the Receivership

Order is attached as Exhibit 1.



4. The Receivership Order expressly enjoins commencement or prosecution of any

litigation against the SDR or SFAIC as follows:



Each of you are hereby RESTRAINED and ENJOINED from taking any and all of the following actions:

[3.8] Making any claim, charge or offset, or commencing or prosecuting any action, appeal, or arbitration, including administrative proceedings, or obtaining any preference, judgment, attachment, garnishment, or other lien, or making any levy against Defendant, Defendant's Property or any part thereof, or against the Liquidator, except as permitted by TEX. INS. CODE Chapter 443, Subchapter F.



5. The Receivership Order provides that:



[4.1] Automatic stays are in effect with respect to actions against Defendant or its property as provided by TEX. INS. CODE § 443.008 (c) & (d). In accordance with TEX. INS. CODE §443.008 (f), such stay of actions against Defendant is in effect for the duration of this proceeding, and the stay of actions against Defendant's property is in

effect for as long as the property belongs to the receivership estate.



[4.2] The stay in effect pursuant to TEX. INS. CODE §443.008 shall be applicable to any actions described therein commenced either before or after the entry of this order.



6. The SDR requests that all parties take notice of the automatic stay and permanent

injunction barring further prosecution of this suit against Trinidad Willis for no less than ninety (90) days from March

8, 2013. Section 443.008(k) provides that "[t]he estate of an insurer that is injured by any wilful violation of a stay provided by this section is entitled to actual damages, including costs and attorney's fees. In appropriate circumstances, the receivership court may impose additional sanctions.”



PRAYER



WHEREFORE, premises considered, Trinidad Willis prays that the Court, Clerk and all parties take notice of the automatic stay and permanent injunction barring claims and that Trinidad Willis be granted such other and further relief, both general and specific, in law and in equity, to which he/she may be entitled.

Action Stayed