New reinsurance-related and arbitration developments from Carlton Fields
As reported in a March 3, 2008 post, the Court had scheduled sentencing in the finite reinsurance matter in US District Court in Connecticut for May 15, but sentencing has been continued pending the submission of certain expert reports. The court has ruled upon motions for acquittal or a new trial filed by the defendants, denying the motions. United States v. Ferguson, Case No. 06-cr-137 (USDC D. Conn. May 15, 2008).
This post written by Rollie Goss.
A New York district court judge partially granted and partially denied a motion to certify the class in the SCOR Holding AG litigation. The judge certified a class that included: (1) US residents who purchased Converium shares on the Swiss Exchange; and (2) any person who purchased Converium American Depository Shares on the NYSE. The court specifically denied certification as to non-US investors that purchased shares of Converium on a non-US exchange.
Converium Holding AG (“Converium”), now known as SCOR Holding (Switzerland) AG, was a multinational reinsurer with offices in Switzerland, Germany and New York. This securities litigation was filed in September 2004 following the collapse of Converium North America. Plaintiffs alleged that, between Converium’s initial public offering in December 2001 and September 2004, the defendants misrepresented the sufficiency of Converium North America’s loss reserves, resulting in a representation to the public that Converium’s financial position was far stronger than it actually was during the relevant period. In re Scor Holding (Switzerland) AG Litigation, Case No. 04 Civ. 7897 (S.D.N.Y. March 6, 2008).
This post written by Lynn Hawkins.
All five former executives of Gen Re and AIG charged in a criminal trial in federal court in Hartford, Connecticut were convicted on all counts in a trial in which it was alleged that certain reinsurance transactions fraudulently added $500 million to AIG's loss reserves. Former AIG Chief Executive Hank Greenberg was named in the case as an unindicted conspirator. The transactions were entered into after AIG's stock price fell on concerns over its loss reserve. The charges included conspiracy, securities fraud, mail fraud and making false statements to the SEC. Sentencing is set for May 15, 1008. United States v. Ferguson, Case No. 06-cr-137 (USDC D. Conn. Feb. 25, 2008).
This post written by Rollie Goss.
The NAIC's Reinsurance Task Force's proposals for modernization of U.S. reinsurance regulation have advanced. At a December 2 meeting, the Task Force adopted the proposed reinsurance regulatory framework with some minor revisions and discussed the possibility of an interim meeting in late January 2008 to address various aspects of the proposal. The Financial Condition (E) Committee adopted the report of the Reinsurance Task Force, including the reinsurance framework proposal, at its December 4 meeting.
This post written by Rollie Goss.
The State of Florida has proposed a new rule permitting a ceding insurer to take credit, as an asset or deduction from reserves, for reinsurance ceded to an eligible reinsurer based not upon the posting of collateral, but rather upon the reinsurer holding surplus in excess of $100 million and a stand-alone financial strength rating from at least two rating agencies. The amount of the credit allowed varies depending upon the reinsurers' financial rating.
This post written by Rollie Goss.