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[IN ACCORDANCE WITH CALIFORNIA INSURANCE CODE (CIC) SECTION 12938, THIS REPORT WILL BE MADE PUBLIC AND PUBLISHED ON THE

CALIFORNIA DEPARTMENT OF INSURANCE (CDI) WEBSITE]

WEBSITE PUBLISHED REPORT OF THE MARKET CONDUCT EXAMINATION OF THE CLAIMS PRACTICES OF

MIC GENERAL INSURANCE CORPORATION NAIC # 38660 CDI # 2512-2

AS OF JUNE 30, 2010

ADOPTED DECEMBER 29, 2010

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF INSURANCE

MARKET CONDUCT DIVISION

FIELD CLAIMS BUREAU

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NOTICE

The provisions of Section 735.5(a) (b) and (c) of the California

Insurance Code (CIC) describe the Commissioner’s authority

and exercise of discretion in the use and/or publication of

any final or preliminary examination report or other

associated documents. The following examination report is

a report that is made public pursuant to California Insurance

Code Section 12938(b)(1) which requires the publication of

every adopted report on an examination of unfair or

deceptive practices in the business of insurance as defined

in Section 790.03 that is adopted as filed, or as modified or

corrected, by the Commissioner pursuant to Section 734.1.

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TABLE OF CONTENTS

SALUTATION ................................................................................................................. 1

FOREWORD ................................................................................................................... 2

SCOPE OF THE EXAMINATION.................................................................................... 3

EXECUTIVE SUMMARY OF CLAIMS SAMPLE REVIEWED ........................................ 4

RESULTS OF REVIEWS OF MARKET ANALYSIS, CONSUMER COMPLAINTS AND

INQUIRIES, AND PREVIOUS EXAMINATIONS, AND PRIOR ENFORCEMENT

ACTIONS ........................................................................................................................ 5

DETAILS OF THE CURRENT EXAMINATION .............................................................. 6

TABLE OF TOTAL CITATIONS ..................................................................................... 7

TABLE OF CITATIONS BY LINE OF BUSINESS .......................................................... 8

SUMMARY OF EXAMINATION RESULTS .................................................................... 9

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STATE OF CALIFORNIA

Steve Poizner,

Insurance Commissioner

DEPARTMENT OF INSURANCE

Consumer Services and Market Conduct Branch Field Claims Bureau, 11th Floor 300 South Spring Street Los Angeles, CA 90013

SALUTATION December 29, 2010 The Honorable Steve Poizner Insurance Commissioner State of California 45 Fremont Street San Francisco, California 94105 Honorable Commissioner:

Pursuant to instructions, and under the authority granted under Part 2, Chapter 1,

Article 4, Sections 730, 733, 736, and Article 6.5, Section 790.04 of the California

Insurance Code; and Title 10, Chapter 5, Subchapter 7.5, Section 2695.3(a) of the

California Code of Regulations, an examination was made of the claims handling

practices and procedures in California of:

MIC General Insurance Corporation

NAIC # 38660

Group NAIC # 0079

Hereinafter, the Company listed above also will be referred to as MGIC or the

Company.

This report is made available for public inspection and is published on the

California Department of Insurance website (www.insurance.ca.gov) pursuant to

California Insurance Code section 12938(b)(1).

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FOREWORD

The examination covered the personal automobile claims handling practices of

the aforementioned Company on claims closed during the period from July 1, 2009

through June 30, 2010. The examination was made to discover, in general, if these and

other operating procedures of the Company conform to the contractual obligations in the

policy forms, the California Insurance Code (CIC), the California Code of Regulations

(CCR) and case law. This report contains all alleged violations of laws that were

identified during the course of the examination.

The report is written in a “report by exception” format. The report does not

present a comprehensive overview of the subject insurer’s practices. The report

contains a summary of pertinent information about the lines of business examined,

details of the non-compliant or problematic activities that were discovered during the

course of the examination and the insurer’s proposals for correcting the deficiencies.

When a violation that reflects an underpayment to the claimant is discovered and the

insurer corrects the underpayment, the additional amount paid is identified as a

recovery in this report. All unacceptable or non-compliant activities may not have been

discovered. Failure to identify, comment upon or criticize non-compliant practices in this

state or other jurisdictions does not constitute acceptance of such practices.

Alleged violations identified in this report, any criticisms of practices and the

Company’s responses, if any, have not undergone a formal administrative or judicial

process.

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SCOPE OF THE EXAMINATION

To accomplish the foregoing, the examination included:

1. A review of the guidelines, procedures, training plans and forms adopted by

the Company for use in California including any documentation maintained by the

Company in support of positions or interpretations of the California Insurance Code, Fair

Claims Settlement Practices Regulations, and other related statutes, regulations and

case law used by the Company to ensure fair claims settlement practices.

2. A review of the application of such guidelines, procedures, and forms, by

means of an examination of a sample of individual claims files and related records.

3. A review of the California Department of Insurance’s (CDI) market analysis

results; a review of consumer complaints and inquiries about these Companies closed

by the CDI during the period July 1, 2009 through June 30, 2010; and a review of

previous CDI market conduct claims examination reports on these Companies; and a

review of prior CDI enforcement actions.

The review of the sample of individual claims files was conducted at the offices of the

Company in Ontario, California.

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EXECUTIVE SUMMARY OF CLAIMS SAMPLE REVIEWED

The personal automobile claims reviewed were closed from July 1, 2009 through

June 30, 2010, referred to as the “review period”. The examiners randomly selected 24

claims files for examination. The examiners cited 7 alleged claims handling violations of

the California Insurance Code and other specified codes from this sample file review.

Findings of this examination included failing to disclose all benefits, failing to fully

itemize and explain in writing the determination of the cost of a comparable vehicle, and

failing upon receiving proof of claim, to accept or deny the claim timely.

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RESULTS OF REVIEWS OF MARKET ANALYSIS, CONSUMER COMPLAINTS AND INQUIRIES, AND PREVIOUS EXAMINATIONS, AND PRIOR ENFORCEMENT

ACTIONS

Except as noted below, market analysis did not identify any specific issues of

concern.

The Companies were the subject of 2 California consumer complaints and

inquiries closed from July 1, 2009 through June 30, 2010, in regard to the lines of

business reviewed in this examination. There was no specific area of concern identified

in the complaint review.

The previous claims examination reviewed a period from March 20, 2004,

through March 18, 2005. The most significant noncompliance issue identified in the

previous examination report was the Company’s failure upon acceptance of the claim to

tender payment within 30 calendar days.

This issue was not identified as problematic in the current examination.

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DETAILS OF THE CURRENT EXAMINATION

Further details with respect to the examination and alleged violations are

provided in the following tables and summaries:

MGIC SAMPLE FILES REVIEW

LINE OF BUSINESS / CATEGORY

CLAIMS IN

REVIEW

PERIOD

SAMPLE

FILES

REVIEWED

NUMBER OF

ALLEGED

CITATIONS

Personal Automobile Physical Damage Collision / Comprehensive

536 6 5

Personal Automobile Liability Bodily Injury / Property Damage

498 9 0

Personal Automobile Medical Payment

198 3 0

Personal Automobile Uninsured Motorist Bodily Injury / Property Damage

80 6 2

TOTALS

1312 24 7

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TABLE OF TOTAL CITATIONS

Citation Description of Allegation

Number of

Alleged Citations

CCR §2695.4(a) *[CIC §790.03(h)(3)]

The Company failed to disclose all benefits, coverage, time limits or other provisions of the insurance policy.

2

CCR §2695.7(b) *[CIC §790.03(h)(4]

The Company failed, upon receiving proof of claim, to accept or deny the claim within 40 calendar days.

1

CCR §2695.7(c)(1) *[CIC §790.03(h)(3)]

The Company failed to provide written notice of the need for additional time or information every 30 calendar days.

1

CCR §2695.7(g) *[CIC §790.03(h)(5)]

The Company attempted to settle a claim by making a settlement offer that was unreasonably low.

1

CCR §2695.8(b)(4) *[CIC §790.03(h)(3)]

The Company failed to fully itemize and explain in writing the determination of the cost of a comparable vehicle at the time the settlement offer was made.

1

CIC §1871.3(b) *[CIC §790.03(h)(3)]

The Company failed to properly instruct the insured regarding the signing of the theft affidavit.

1

Total Number of Citations

7

*DESCRIPTONS OF APPLICABLE UNFAIR CLAIMS SETTLEMENT PRACTICES

CIC §790.03(h)(3) The Company failed to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.

CIC §790.03(h)(4) The Company failed to affirm or deny coverage of claims within a reasonable time after proof of loss requirements had been completed and submitted by the insured.

CIC §790.03(h)(5) The Company failed to effectuate prompt, fair, and equitable settlements of claims in which liability had become reasonably clear.

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TABLE OF CITATIONS BY LINE OF BUSINESS

PERSONAL AUTOMOBILE

2009 Written Premium: $75,028,839 AMOUNT OF RECOVERIES $75.00

NUMBER OF CITATIONS

CCR §2695.4(a) [CIC §790.03(h)(3)] 2

CCR §2695.7(b) [CIC §790.03(h)(4} 1

CCR §2695.7(c)(1) [CIC §790.03(h)(3)] 1

CCR §2695.7(g) [CIC §790.03(h)(5)] 1

CCR §2695.8(b)(4) [CIC §790.03(h)(3)] 1

CIC §1871.3(b) [CIC §790.03(h)(3)] 1

TOTAL 7

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SUMMARY OF EXAMINATION RESULTS

The following is a brief summary of the criticisms that were developed during the

course of this examination related to the violations alleged in this report.

In response to each criticism, the Company is required to identify remedial or

corrective action that has been or will be taken to correct the deficiency. The Company

is obligated to ensure that compliance is achieved.

Any noncompliant practices identified in this report may extend to other

jurisdictions. The Company was asked if it intends to take appropriate corrective action

in all jurisdictions where applicable. The Company intends to implement corrective

actions in all jurisdictions.

Money recovered within the scope of this report was $75.00 as described in

section number 4 below.

PERSONAL AUTOMOBILE

1. In two instances, the Company failed to disclose all benefits, coverage, time limits or other provisions of the insurance policy. In one instance rental reimbursement coverage was not revealed and in another instance, transportation expense was erroneously identified as rental reimbursement coverage. The Department alleges these acts are in violation of CCR §2695.4(a) and are unfair practices under CIC §790.03(h)(3).

Summary of the Company’s Response: The Company agrees rental reimbursement coverage was not revealed. The Company procedure is to utilize the coverage confirmation letter to outline all pertinent coverages. In one instance, the rental reimbursement coverage was inadvertently omitted from the letter. In the other instance transportation expense following a total theft of insured vehicle, the Company erroneously listed the coverage as rental reimbursement. The Company believes these situations were exceptions, and have coached the representatives to identify and include all applicable coverages on the coverage confirmation letter.

2. In one instance, the Company failed, upon receiving proof of claim, to accept or deny the claim within 40 calendar days. In one instance, the Company failed to pay

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medical bills timely. The Department alleges this act is in violation of CCR §2695.7(b) and is an unfair practice under CIC §790.03(h)(4).

Summary of the Company’s Response: The Company agrees in one instance medical bills were not accepted or denied timely. The Company’s procedure is to accept/deny medical bills immediately upon receipt but no later than 40 days. The Company believes this was an exception in handling and the claims representatives handling Medical Payment have been counseled. 3. In one instance, the Company failed to provide written notice of the need for additional time or information every 30 calendar days. The Department alleges this act is in violation of CCR §2695.7(c)(1) and is an unfair practice under CIC §790.03(h)(3).

Summary of the Company’s Response: The Company agrees in one instance a 30 day status letter was not sent addressing the Medical Payments claim. The Company believes this was an exception in handling and the claims representatives handling Medical Payment have been counseled.

4. In one instance, the Company attempted to settle a claim by making a settlement offer that was unreasonably low. In one instance, the Company neglected to include the price for accessories under Replacement Cost coverage in settlement of a Total Loss vehicle. The Department alleges this act is in violation of CCR §2695.7(g) and is an unfair practice under CIC §790.03(h)(5).

Summary of the Company’s Response: Due to an oversight, the Company neglected to include $75.00 cash price for accessories in evaluation of Replacement cost of Total Loss vehicle. The Company called the customer to explain this error in calculating the amount paid. A letter was sent confirming the conversation, along with the additional payment of $75.00. The Company believes this situation is an exception, and has coached the claims representative to include all applicable accessories on all future total loss claims. 5. In one instance, the Company failed to explain in writing the determination of the cost of a comparable vehicle. The Department alleges this act is in violation of CCR §2695.8(b)(4) and is an unfair practice under CIC §790.03(h)(3).

Summary of the Companies’ Response: The total loss settlement was fully explained to the customer by phone and outlined in the file notes. A letter was not sent in this one instance. It is the Company’s standard practice to explain in writing the determination of the cost of a comparable vehicle. The Company believes this situation is an exception, and has coached the claims representative. 6. In one instance, the Company failed to properly instruct the insured regarding the signing of the theft affidavit. In one instance the letter did not explain to the insured that, in lieu of notarization, the form could be signed in the presence of the insurance agent, broker, or adjuster. The Department alleges this act is in violation of CIC §1871.3(b) and is an unfair practice under CIC §790.03(h)(3).

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Summary of the Company’s Response: The Company agrees the claims

handler inadvertently used California coverage confirmation letter rather than the California Theft Proof of Loss cover letter. The Company believes this situation is an exception, and has coached the claims representative to use the established California Theft Proof of Loss cover letter on all future theft claims.