Insurance

Complaint for $203 million alleging breach of contract regarding a "proxy revenue swap transaction" in Allianz Risk Transfer (Bermuda) Ltd., of Bermuda v. High Lonesome Wind Power LLC, of Delaware, described as "an indirect subsidiary of Enel SpA, a global energy conglomerate with a reported market capitalization in excess of $65 billion", at the Supreme Court of the State of New York, County of New York.

Public Notice by the Mauritius Financial Services Commission that it has suspended the Insurance Broker Licence of Mind Africa Broker & Consultancy Ltd.

The "corporate officers" of Florida-based health insurance agency Insurance Care Direct - Edward Carriero, Seth Cohen, and Brad Cohen - have been accused of failing to "fully comply" with an IRS tax investigation into its "potentially abusive" relationship with two affiliated Nevis-licensed captive insurers, ICD Captive Re and HOO Captive Re.

Petition to Enforce IRS Summonses regarding the tax liability of ABS Healthcare Services LLC and Health Option One LLC, both of Deerfield Beach, Florida, collectively doing business as Insurance Care Direct and described as the operators of Nevis-domiciled captive insurers ICD Captive Re Ltd. and HOO Captive Re Ltd., in USA v. Edward Carriero, Seth Cohen, and Bradley Cohen at the U.S. District Court for the Southern District of Florida.

Application by Invictus Global Management LLC to take discovery from Apollo Global Management LLC and Marc Rowan for legal proceedings at Bermuda Supreme Court regarding "the fair value of the shares of Athene Holdings Ltd. previously held by Petitioner", filed at the U.S. District Court for the Southern District of New York.

Director Details for Providers Re SPC, obtained from the Cayman Islands General Registry on May 6th, 2022.

Public Notice by the Cayman Islands Monetary Authority that it has imposed a fine of CI$16,950 on Providers Re SPC for "Failure of a Class B Insurer that is established as a segregated portfolio company under Part XIV of the Companies Act (as revised) to maintain the prescribed margin of solvency in respect of each segregated portfolio".

Defense in Vistra Group Holdings (BVI) Limited, Vistra Group Holdings (BVI) III Limited, Vistra International Expansion (USA) Inc., and Vistra Group Holdings (BVI) I Limited v. Zurich Insurance Plc, Lloyd’s Syndicate No. 3000 MKL, Markel Insurance SE, International General Insurance Company (UK) Limited, Lloyd’s Insurance Company S.A., Riverstone Managing Agency Limited, Markel Insurance SE T4405, Endurance Worldwide Insurance Ltd., Allied World Assurance Company, Allianz Global Corporate and Specialty SE, Lloyd’s Syndicate No. 1919 CVS., Assicurazioni Generali S.p.A., HCC International Insurance Company Plc, Tokio Marine Europe S.A., Liberty Corporate Capital Limited, and Lloyd’s Underwriter Syndicate No. 5000 TRV at the High Court of Justice of England and Wales.

Complaint "against Passos, a former senior executive at Brazilian reinsurance company IRB Brasil Resseguros S.A., for planting a false story with the media and disseminating false documents claiming that Berkshire Hathaway Inc. had recently made a substantial investment in IRB" in U. S. Securities and Exchange Commission v. Fernando Passos, described as a resident of São Paulo, Brazil, at the U. S. District Court for the Southern District of New York.

Application by The Renco Group Inc., described as "a family-owned, private holding company that makes long-term investments in companies", and The Doe Run Resources Corporation, described as "a privately held natural resources company and producer of lead, copper, and zinc concentrates and recycler of lead-bearing materials", to take discovery from Victor Careaga, described as an insurance agent in Miami, Florida, for use in "a pending, confidential criminal investigation in Peru concerning a conspiracy to defraud Renco", filed at the U.S. District Court for the Southern District of Florida.

Complaint in Northwest Boring Company Inc. v. Lloyd's of London Syndicates 1919, 2232, 5000, and 9531, Axis Specialty Europe Plc, Assicurazioni Generali SPA Great Lakes, Helvetia Swiss Insurance Company in Liechtenstein Ltd., Thompson Pipe Group, and TPG Pressure Inc. at the Superior Court of Washington, for King County.

Judgment regarding an application to appoint an additional joint official liquidator (Angela Barkhouse, of Quantuma) of Performance Insurance Company SPC for the Bottini Insurance and SSS Insurance segregated portfolios, at the Grand Court of the Cayman Islands.

Particulars of Claim in Vistra Group Holdings (BVI) Limited, Vistra Group Holdings (BVI) III Limited, Vistra International Expansion (USA) Inc., and Vistra Group Holdings (BVI) I Limited v. Zurich Insurance Plc, Lloyd's Syndicate No. 3000 MKL, Markel Insurance SE, International General Insurance Company (UK) Limited, Lloyd's Insurance Company S.A., Riverstone Managing Agency Limited, Markel Insurance SE T4405, Endurance Worldwide Insurance Ltd., Allied World Assurance Company, Allianz Global Corporate and Specialty SE, Lloyd's Syndicate No. 1919 CVS., Assicurazioni Generali S.p.A., HCC International Insurance Company Plc, Tokio Marine Europe S.A., Liberty Corporate Capital Limited, and Lloyd's Underwriter Syndicate No. 5000 TRV at the High Court of Justice of England and Wales.

Judgment in Bidzina Ivanishvili, described as "a successful businessman and former Prime Minister of Georgia"; Ekaterine Khvedelidze, Tsotne Ivanishvili, Gvantsa Ivanishvili, Bera Ivanishvili, Meadowstreet Assets Limited, and Sandcay Investments Limited v. Credit Suisse Life (Bermuda) Limited at Bermuda Supreme Court.

Generally Indorsed Writ of Summons in SiriusPoint Limited, of Bermuda v. Allied World Assurance Company (Europe) DAC, of Ireland; SI Insurance (Europe) SA, of Luxembourg; Endurance Worldwide Insurance Limited, of England; All Members of Lloyd's Syndicate No. 9375, All Members of Lloyd's Syndicate No. 457, Great Lakes Insurance SE, of Germany; All Members of Lloyd's Syndicate No. Act 19 9554, All Members of Liberty Syndicate No. 4472, All Members of Syndicates Comprising Consortium No. 9562 at Lloyd's, known as Barbican Financial & Professional Lines; All Members of Pembroke Syndicate No. 4000, XL Specialty Insurance Company, of Canada, All Members of Lloyd's Syndicate No. HDU 382, Starr Underwriting Agents Limited, of England; All Members of Lloyd's Syndicate No. Act 9418, and Canopius Managing Agents Limited, of England, at Bermuda Supreme Court.

Complaint alleging fraud in Lexington Settlements Ltd. and Ocorian Services Bermuda Limited, as Trustee of Lexington Trust 100603, both of Bermuda v. Nationwide Life Insurance Company at the U. S. District Court for the Southern District of Ohio.

Chapter 15 Petition for Recognition of a Foreign Main Proceeding in the Cayman Islands by Scott D. Wollney, as the Foreign Representative of Atlas Financial Holdings Inc., described as "a financial service holding company for a number of direct and indirect subsidiaries that operate in the commercial automobile insurance sector in the United States, with a highly specialized market orientation and focus on insurance for the “light” commercial automobile sector, including taxi cabs, limousine/livery, business auto, and historically non-emergency paratransit, as a technology and analytics-driven managing general agency", at the U. S. Bankruptcy Court for the Southern District of New York.

Complaint "to recover the tens of millions of dollars in losses Getty suffered as a result of Allianz’s mismanagement of the Structured Alpha investment strategy" in The J. Paul Getty Trust, of California, described as "a private, nonprofit cultural and philanthropic institution dedicated to the presentation, conservation, and interpretation of the world’s artistic legacy" v. Allianz Global Investors U.S. LLC, of Delaware, and Allianz SE, of Germany, at the U. S. District Court for the Southern District of New York.

Public Notice by the Bermuda Monetary Authority that it "successfully petitioned the Supreme Court of Bermuda to wind up Anaplans Institution Insured Credit Receivables Fund Limited". Editor's Note: Although this Notice is dated February 25, 2022, it appears to have actually been created on August 31st, 2022 and, inexplicably, backdated by the BMA to create the appearance it was created six months earlier than it was. In a similar vein, Bermuda Supreme Court sealed the case as part of the Court's policy of concealing details of insolvencies of offshore entities from the general public.

Twenty five years after OffshoreAlert exposed an estimated $1 billion fraud he oversaw with Goldman Sachs, 64-year-old British insurance boss Mark Cooke has been banned from Bermuda's insurance industry for his conduct regarding subsequent businesses whose owners have included entities in the British Virgin Islands, Cayman Islands, England, Guernsey, and USA.

Application by AXA Seguros SA de CV, of Mexico, to take discovery from United Healthcare Services Inc. for use in legal proceedings in Mexico involving Irma Gomez Pruneda, filed at the U. S. District Court for the District of Minnesota.

Press Release by the Bermuda Monetary Authority that it has disqualified Nicholas Mark Cooke, a citizen of the United Kingdom, after concluding he was "not a fit and proper person to perform any functions in relation to regulated activity under the Insurance Act".

Press Release by the Bermuda Monetary Authority that it has "cancelled the insurance registration of Signify Insurance Ltd., a Class 1 insurer, for breaches of the Insurance Act 1978".

Public Notice by the Seychelles Financial Services Authority that it has revoked the insurance license of SEY Re Limited.

Complaint in AIG Europe SA, as subrogee of Irish Banking Resolution Corporation Ltd. (in Special Liquidation), of Luxembourg, formerly known as Anglo Irish Banking Corporation Limited v. Gerard McCaughey and Sophie McCaughey, both residents of Los Angeles County, California, at the U. S. District Court for the Central District of California.

Notice of Removal, including a copy of the complaint in which "Ally seeks coverage under excess bankers professional liability insurance policies issued by Defendants for a settlement under which Ally agreed to pay $87,500,000 and forgive $700 million in loan debt", by U.S. Specialty Insurance Company in Ally Financial Inc. v. U.S. Specialty Insurance Company, Illinois National Insurance Company, and Markel Bermuda Ltd., of Bermuda, at the U. S. District Court for the District of Delaware.

Complaint alleging fraud involving "a $725 million term loan facility" by entities in Bermuda, British Virgin Islands, Canada, Cayman Islands, Ireland, and USA in Deutsche Bank Securities Inc. v. 683 Capital Partners LP, Candlewood Investment Group LP, Candlewood Financial Opportunities Fund LLC, Candlewood Financial Opportunities Master Fund LP, Candlewood Special Situations Master Fund Ltd., CWD OC 522 Master Fund Ltd., Flagler Master Fund SPC Ltd., Corbin Capital Partners LP, Corbin Opportunity Fund LP, Fifth Street Station LLC, Highbridge Capital Management LLC, Highbridge International LLC, Highbridge Tactical Credit & Convertibles Master Fund LP, Lincoln Square Funding ULC, Tennenbaum Capital Partners LLC, Tennenbaum Heartland Co-Invest LP, Tennenbaum Senior Loan Fund II LP, Tennenbaum Senior Loan Fund V LLC, Tennenbaum Special Situations Fund IX LLC, Tennenbaum Special Situations Fund IX-C LP, Tennenbaum Special Situations Fund IX-O LP, Apollo Global Management Inc., Apollo Global Management Inc., Apollo Capital Management LP, Apollo A-N Credit Fund (Delaware) LP, Apollo Credit Strategies Master Fund Ltd., Baldr Mason Fund Inc., BlackRock Financial Management Inc., Cadbury Hedge Fund Alternatives, K Special Opportunity Fund LP, Sainsbury's Credit Opportunities Fund Ltd., Investment Partners IV (A) LLC, BMO Funds, Inc. - BMO Alternative Strategies Fund, Cavello Bay Reinsurance Limited, Cerberus Capital Management LP, Cerberus Institutional Partners VI LP, Commonwealth of Pennsylvania Treasury Department, Commonwealth of Pennsylvania Treasury Department - Tuition Account Program, Cyrus Capital Partners LP, Crescent 1 LP, Canary SC Master Fund LP, CRS Master Fund LP, Cyrus Capital Fund Partners, Cyrus Opportunities Master Fund Ltd., Cyrus Opportunities Master Fund II, Cyrus Select Opportunities Master Fund Ltd., Elliott Investment Management LP, Elliott Associates LP, Elliott Capital Advisors LP, Manchester Securities Corp., Empyrean Capital Partners LP, Empyrean Investments LLC, Fort George Investments, LLC, Greenlight Capital LP, Greenlight Capital (Gold) LP, Greenlight Capital Qualified LP, Greenlight Capital Offshore Master (Gold) Ltd., Greenlight Capital Offshore Partners, Greenlight Reinsurance Ltd., JMB Capital Partners Master Fund LP, Kaiser Permanente Group Trust, KTRS Credit Fund LP, Luxor Capital Group, Luxor Capital LLC, Mangrove Partners, The Mangrove Partners Master Fund Ltd., Marathon Asset Management LP, Marathon Court Square LP, Marathon Credit Dislocation Fund LP, Marathon Special Opportunities Master Fund Ltd., Marathon Liquid Credit Long Short Fund, Marblegate Asset Management LLC, Marblegate Special Opportunities Master Fund LP, P Marblegate Ltd., Neuberger Berman Investment Funds Plc, Neuberger Berman Advisers Management Trust - Absolute Return Multi-Manager Portfolio; Neuberger Berman Alternative Funds - Neuberger Berman Absolute Return Multi-Manager Fund; Penteli Master Fund Ltd., Privilege Underwriters Reciprocal Exchange, PURE Insurance Company, Sound Point Capital Management LP, Sound Point Beacon Master Fund LP, Sound Point Credit Opportunities Master Fund LP, Sound Point Montauk Fund LP, Sound Point Senior Floating Rate Master Fund LP, Sound Point Floating Rate Fund, A series of Taylor Insurance Series LP; and Relative Value–Long/Short Debt, A Series of Underlying Funds Trust at the Supreme Court of the State of New York, County of New York.

Petition for the Court's sanction of a Scheme of Arrangement in the matter of Atlas Financial Holdings Inc., described as "a holding company in the commercial automobile insurance sector in the United States, with a niche market orientation and focus on insurance for the "light" commercial automobile sector including taxi cabs, non-emergency paratransit, limousine/livery and business auto", at the Grand Court of the Cayman Islands.

Complaint "to recover damages from Belisle for its losses of nearly $20 million arising out of its June 2017 investment in the Limited Diversified Arbitrage Fund, a fund managed by Markel CATCo Investment Management Limited, which employed Belisle as its Chief Executive Officer" alleging fraud involving a Bermuda entity in HWH Realty Holdings LLC v. Anthony Belisle at the U. S. District Court for the Middle District of Florida.

Complaint in Ally Financial Inc. v. U.S. Specialty Insurance Company, Illinois National Insurance Company, and Markel Bermuda Ltd. at the Superior Court of the State of Delaware.

Application by AXA Seguros SA de CV, described as "a Mexican insurance company and a subsidiary of AXA S.A., the French parent company of one of the largest insurance groups in the world", to take discovery from St. Vincent Medical Center and Cedars-Sinai Medical Center for use in legal proceedings in Mexico involving Irma Gomez Pruneda, filed at the U. S. District Court for the Central District of California.

Bermuda-domiciled Shipowners Insurance and Guaranty Company Ltd., from which the U.S. Department of Justice has demanded $4.4 million in damages for the grounding of an oil tanker, is seeking to recover the amount, plus $1.2 million in fees and expenses, from a shipping firm - Margara Shipping Ltd. - that was struck off the Cayman Islands Companies Register nearly 10 years ago.

Director Details for Margara shipping Ltd., obtained from the Cayman Islands General Registry on November 8th, 2021.

Winding Up Petition involving a claim for $4.4 million in Shipowners Insurance and Guaranty Company Ltd., of Bermuda v. Margara Shipping Ltd., of the Cayman Islands, at the Grand Court of the Cayman Islands.

Director Details for S3 Assurance Company, obtained from the Cayman Islands General Registry on November 5th, 2021.

Writ of Summons in Keith Harrell v. S3 Assurance Company, of the Cayman Islands; S3 Management Group LLC, of Texas, and Jared Smith, of Texas, at the Grand Court of the Cayman Islands.

Writ of Summons in A.B. Binxiang Zhao, of South Korea v. Fortitude Reinsurance Company Ltd., James Bracken, Amanda Stewart, James West, and Valerie Smeshko at Bermuda Supreme Court.

Five businessmen in the Bahamas, Bermuda, Canada, and United States have been declared "not fit and proper" by the Cayman Islands Monetary Authority for their conduct regarding captive insurer Alpha Re, which collapsed nearly four years ago and has been accused of perpetrating a $165 million fraud.

Director Details for Alpha Re Limited, obtained from the Cayman Islands General Registry on October 22nd, 2021.

Public Notice by the Cayman Islands Monetary Authority that it has revoked the insurer's license of Alpha Re Limited for regulatory breaches.

Complaint for damages of $23 million regarding coverage under the "Chubb Elite Fraudprotector policy" following an alleged fraud by one of the plaintiff's employees in The Brink's Company, of Virginia, described as "the world's largest cash management company" v. Chubb European Group Ltd. and Lloyd's Underwriters, both of England, at the U. S. District Court for the Eastern District of Virginia.

Complaint for "recovery of insurance proceeds due to lack of insurable interest" in Estate of Martin A. Zawatsky, by its Executor, Marc Zawatsky v. Corry Capital Advisors LLC, of Delaware; CCA Life Settlements Sàrl, of Luxembourg, and CCA Life Settlements Fund FCP-SIF, of Luxembourg, at the U. S. District Court for the Southern District of Florida.

Claim Form alleging "breach of an investment agreement" in Century Insurance Agency Limited v. MWM Financial Services Group Limited at the British Virgin Islands High Court.

Against a backdrop of more than $3 billion of investor losses, investor litigation, and regulatory "inquiries" in the US and Bermuda, four Bermuda firms affiliated with the US-based Markel Corporation insurance group have gone into provisional liquidation as part of an attempted restructuring.

Chapter 15 Petition for Recognition of a Foreign Main Proceeding in Bermuda by Simon Appell, of England, and John McKenna, of Bermuda, as the Foreign Representatives of Markel CATCo Reinsurance Fund Ltd., CATCo Reinsurance Opportunities Fund Ltd., Markel CATCo Investment Management Ltd., and Markel CATCo Re Ltd., filed at the U. S. Bankruptcy Court for the Southern District of New York.

Public Notice by Labuan Financial Services Authority that the Labuan branch of Cayman Islands-domiciled Premier Assurance Group SPC Ltd. has gone into official liquidation.

Application for the appointment of a Commissioner to collect evidence from Life Partners Inc. - pursuant to a request for judicial assistance from Germany - for a criminal investigation into Rolf Jerke and Dr. Uwe Schilling for suspected embezzlement involving viaticals settlements.

Winding Up Petition in the matter of Markel CATCo Investment Management Ltd. at Bermuda Supreme Court.

Winding Up Petition in the matter of Markel CATCo Reinsurance Fund Ltd. at Bermuda Supreme Court.

Complaint in Great Lakes Insurance SE, of Germany v. Daya Ltd., of the Cayman Islands, at the U. S. District Court for the Southern District of Florida.