Converium Holding, a Swiss reinsurance company, issued an IPO in December 2001. Converium's North American unit collapsed in September 2004 after four increases in reserves in a single year. Class action lawsuits followed, alleging that management had grossly misrepresented necessary reserves and failed to disclose reserve disputes with the company's outside auditor. The District Court dismissed claims against the IPO's underwriter and broker and claims against the company and individual defendants relating to the IPO, denying dismissal of certain other claims. In re Converium Holding AG Securities Litigation, Case No. 04-7897 (USDC S.D.N.Y. Dec. 28, 2006). This opinion illustrates the strategic problem of finding a solvent deep pocket in this type of situation, and discusses the “storm warning” doctrine, pursuant to which the Court found that the frequent increases to reserves, in increasing amounts, in a short period of time, put investors on notice of problems despite comfort statements by management.
Reinsurance Regulation
Court upholds settlement of claims affecting reinsurance in liquidation of The Home
The New Hampshire Supreme Court has upheld a settlement of disputes and claims involving insureds and reinsureds of The Home Insurance Company, which was placed in liquidation by the New Hampshire Commissioner of Insurance. Some of The Home's reinsurers opposed the settlement. The Court upheld the settlement as within the authority of the liquidator and the Court, and fair and reasonable. This process is interesting in part because the settlement had to be approved by creditors of The Home, by a Court in the UK and by the UK's insurance regulatory body, the Financial Services Agency. In the Matter of the Liquidation of The Home Ins. Co., Case No. 2005-740 (N.H. Dec. 5, 2006).
Mississippi Supreme Court upholds assumption reinsurance agreement
The Mississippi Supreme Court has affirmed the grant of summary judgment in favor of two insurance companies that entered into assumption reinsurance agreements to transfer workers' compensation risks to Legion Insurance. After Legion was placed in liquidation, the Mississippi Insurance Guaranty Association unsuccessfully attempted to hold the companies responsible for losses. The Court held that the agreements constituted a novation, removing the companies from the risk. Mississippi Ins. Guaranty Ass'n. v. MS Casualty Ins. Co., Case No. 2005-01158 (Oct. 26, 2006).
NAIC Reinsurance Task Force meeting summary
The summary of the meetings of the NAIC's Reinsurance Task Force on December 9, 2006 and December 11, 2006 at the 2006 Winter Meeting has been posted on the NAIC's Internet site. It provides a brief description of the action taken on the proposed creation of the Reinsurance Evaluation Office to rate the financial strength of reinsurers as a basis for a collateral requirement, stating that the proposal should be “further refined” by the NAIC's Financial Condition (E) Committee no later than September 2007.
Connecticut Task Force recommends run-off regulation for solvent insurers
A Task Force appointed by the Connecticut Insurance Commissioner has issued a report proposing the adoption of statutes and regulations to oversee the run-off of solvent companies. Such oversight would be exercised by the Department of Insurance. The report notes the experience of the UK in this area and moves to provide a similar mechanism in several states in the US.