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Business Associations Keyed to Diamond, 6th Ed.
Senn v. Northwest Underwriters, Inc.
Citation:
74 Wash. App. 408, 875 P.2d 637 (1994)Facts
Consumers Indemnity Company (Consumers) offered reimbursement insurance to car dealers for repairs covered under extended warranty contracts through its exclusive agent, Northwest Underwriters, Inc. (Underwriters). Both companies were owned by Cimoch, Inc., which was owned by Norman and Mary Ann Cimoch. Norman was president and chairman of the board of both companies, while Mary Ann was secretary and a director. Beginning in June 1987, Norman Cimoch implemented the “Northwest Dealer Reserve Program,” which diverted funds from Consumers to Underwriters. Instead of forwarding the full premium payments to Consumers, Underwriters began keeping most of the money, forwarding only $20 of each dealer payment for new car coverage to Consumers. Between June 1987 and October 1988, $30.3 million was paid by dealers for insurance coverage, but Consumers only received $18 million. The Cimochs personally benefited from the diverted funds, receiving over $2 million in stockholder dividends during this period. When Consumers was placed into receivership in October 1988, it was insolvent by more than $5 million.
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