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This is the latest news relating to the WFUM Pools.
Bar Date Scheme Companies other than
Sphere Drake – 7 April 2008 Sphere Drake only – 6 May
2008
Following the Bar Date for Scheme Companies, if a
Scheme Creditor did not submit its Claim Form via the Website or return a
manual Claim Form, together with the appropriate supporting documentation
in accordance with the instructions accompanying the Claim Form, by the
Bar Date, the information on the Website at that point in time concerning
its claim values is deemed to have been submitted immediately before the
Bar Date. In such circumstances the Scheme Creditor will lose its
entitlement to assert any Scheme Claims additional to those present on the
Website or any manual Claim Form submitted prior to the Bar Date.
Bar Date Reminder - 8 February 2008 Market
circular issued 8 February 2008 reminding Scheme Creditors that the Bar
Dates are as follows:
Scheme Companies other than Sphere Drake
11.59pm (UK time) 7 April 2008 Sphere Drake only
11.59pm (UK time)
6 May 2008
Under the terms of the Schemes all Scheme Creditors
must return their Claim Forms to the Scheme Manager, PRO Insurance
Solutions Limited (“PRO”) by the relevant Bar Date.
Please note
that the Bar Date for Sphere Drake is later than the Bar Date for the
other Scheme Companies. (See the Important
Information Page for further details.)
Chapter 15 - 23 October 2007
The United States Bankruptcy Court has granted recognition to the
Schemes of the 11 Solvent Scheme Companies which applied for Chapter 15
relief. The Chapter 15 order provides that the Schemes of such Scheme
Companies are to be given full force and effect in the United States, and
provides for a permanent injunction and related relief. The 11 Scheme
Companies are shown below: Greyfriars Insurance Company Limited,
Sovereign Insurance (UK) Limited, Allianz Insurance plc, Heddington
Insurance (U.K.) Limited, Mitsui Sumitomo Insurance Company (Europe),
Limited, Ocean Marine Insurance Company Limited, Oslo Reinsurance Company
(UK) Limited, The Sea Insurance Company Limited, Tokio Marine Europe
Insurance Limited, Wausau Insurance Company (U.K.) Limited and Allianz
Global Corporate & Specialty (France). See the Important
Information Page for further details.)
The amendment to the permanent injunction in the Sovereign Marine &
General Insurance Company Limited section 304 case has also been granted,
giving full force and effect in the United States to the Amended Scheme of
Arrangement between Sovereign Marine & General Insurance Company
Limited and its Scheme Creditors. (See the Important
Information page for further details.)
Sphere Drake - 19 October 2007
The Creditors Meetings for the Sphere Drake WFUM Pools Scheme, which
were opened but adjourned on the 27 October 2006 were held on 19 October
2007.
The date of the Sanction Hearing for Sphere Drake has been set for
Monday 5 November 2007. (See the Important
Information page for further details.)
Scheme Effective Date (10 October 2007) and Bar Date (7 April
2008)
The proposed Schemes for the 14 WFUM Pools Scheme Companies for
whom votes were taken at the 27 October 2006 Creditor Meetings have been
sanctioned by the High Court of Justice in England and Wales on 17
September 2007 and became effective and binding on the Scheme Companies
and their Scheme Creditors on 10 October 2007 (the "Effective
Date").(See the Important
Information page for further details.) The 14 WFUM Pools Scheme
Companies are listed on the WFUM
Pools Scheme Companies page.
Scheme Creditors wishing to submit a Scheme Claim must submit
their Claim Form via the Website or return their manual Claim Form to PRO
by 11.59 pm (UK time) on 7 April 2008 (the "Bar Date").
Claim Forms may be submitted either via the WFUM Pools Website at
www.wfumpools.com, or by completing and returning a paper copy of the
Claim Form, by post, fax or e-mail, to PRO. The Website and the documents
that accompany the manual Claim Form contain important information and
guidelines explaining the process for submission of your Claim Form.
For each Scheme Creditor of which it is aware, PRO will prepare a Claim
Form containing: (1) details of each Insurance Contract of which PRO is
aware and which may give rise to a Scheme Claim; (2) details of Unpaid
Agreed Claims of which it is aware arising under such Insurance Contracts;
and (3) any details of claims or Insurance Contracts entered on the
Website by the Scheme Creditor for voting purposes or otherwise, provided
such details were added at claim level. Scheme Creditors should contact
PRO at Pro_wfumpools@pro-ltd.co.uk
to request their Website username and password if they have not already
done so, which will enable them to access the secure area of the Website
containing their Claim Form as prepared by PRO. Alternatively, Scheme
Creditors may request a paper, CD-ROM or e-mail copy of their Claim Form
from PRO.
U.S.
Recognition
On 18 September 2007 PRO
Insurance Solutions Limited, as the duly authorised foreign
representative, commenced cases (the “Chapter 15 Cases”) by filing
Petitions pursuant to Chapter 15 of the Bankruptcy Code, with the United
States Bankruptcy Court for the Southern District of New York. The Court
has set a hearing date of 23 October 2007. (See the Important
Information page for further details.)
A hearing is also scheduled
for 23 October 2007 to consider the motion of the Scheme Administrators of
Sovereign Marine & General Insurance Company Limited for entry of an
order (the “Amending Scheme Permanent Injunction Order”) pursuant to 11.
U.S.C. 1105 and 304 modifying the Permanent Injunction Order entered by
the Court on 30 December 1999, and giving full force and effect in the
United States to the Amended Scheme of Arrangement between Sovereign
Marine & General Insurance Company Limited and its Scheme Creditors.
(See the Important
Information page for further details.)
Sphere Drake
On 27 June 2006 the High
Court of England & Wales directed that two meetings of the Scheme
Creditors of Sphere Drake be convened to vote on the WFUM Pools scheme of
arrangement proposals.
On 27 October 2006,
Sphere Drake's Scheme Creditors' meetings were opened but adjourned prior
to any votes being taken (the "Adjourned Meetings" ).
Sphere Drake's Scheme
Creditors' meetings will be reconvened and held on 19 October 2007
commencing at 11:00am with registration from 10:00am (the
"Reconvened Meetings"). The venue for the Reconvened
Meetings is:
The offices of Sidley
Austin LLP, Woolgate Exchange, 25 Basinghall Street, London EC2V 5HA,
England
Sanction
Hearing Date
The
date of the Sanction Hearing for the 14 WFUM Pools Scheme Companies for
whom votes were taken at the 27 October 2006 Creditor Meetings has been
set for Monday 17 September 2007.
Change of
company name - 30 April
2007
Allianz Cornhill Insurance
plc has changed its name on 30 April
2007 to
Allianz Insurance plc. This decision reflects the evolving brand strategy
for the organisation which, at the corporate level, began with the
inclusion of the parent's name Allianz, in the Company's name in 2003. The
change of name will have no effect in respect of any contractual
arrangements which currently exist and the Company registration numbers
and Financial Services Authority will remain the same.
Sanction
Directions Hearing held 19 April
2007
A Directions
Hearing was held on 19 April
2007 and the
Sanction Hearing for the 14 WFUM Pools Scheme Companies for whom votes
were taken at the 27 October
2006 Creditor
Meetings is currently scheduled for 18 July
2007. Please
continue to review this website for further updates.
14
WFUM Pools Scheme Companies to apply for Court Sanction - 23 March 2007
PRO
Insurance Solutions Limited, the proposed Scheme Manager of the WFUM Pools
Scheme - the major participant of which is the insolvent Sovereign Marine
& General Insurance Company Limited - confirms that the 14 WFUM Pools
Scheme Companies for whom votes were taken at the 27 October 2006 Creditor
Meetings are applying to the English High Court for sanction of the
proposed WFUM Pools Schemes.
In this regard, a Directions Hearing has been scheduled for
19
April 2007.
Letters
Sent to Scheme Creditors - 23
March 2007
Letters
were issued on 23
March 2007
to Scheme Creditors who voted at the 27
October 2006
WFUM Pools Scheme Creditor Meetings advising them of their determined vote
values. A copy of the
Chairman’s Report on the Creditor Meetings and the voting results can be
accessed by Scheme Creditors on their secure part of this Website. Scheme Creditors who do not have a
secure ID and Password should contact PRO - see contacts
Page
Outcome
of creditor meetings to be announced in New Year
The meetings of creditors for all 16 of the participants in the WFUM
Pool Schemes were convened in London on 27 October 2006. Votes were cast
by creditors of 14 of the scheme companies. The meetings of two companies,
Hibernian General Insurance Limited and Sphere Drake Insurance Limited,
both of which only have small participations in the pool, were adjourned
prior to the voting process.
As outlined in the WFUM scheme document and in line with market best
practice, the independent Chairman of the meetings, Stephen Adamson, is
reviewing the votes and values submitted prior to reporting to the Court
on the outcome of the voting for each Scheme.
It is anticipated that the outcome of the vote will be announced in
early 2007.
Please refer to the Scheme
Creditor Meetings page for further details.
Creditor Meetings convened - 27 October 2006
The Creditor Meetings were convened on 27 October 2006. All votes
cast will be reviewed by the Independent Chairman. Please continue to
review this website for further updates.
Voting process commences - 31 July 2006
Following court approval to convene the meetings of scheme creditors
the WFUM Pools have commenced the voting process. The WFUM Pools Scheme
Document and voting information was made available on the website on 31
July 2006 and is also available on CD-Rom. This CD-Rom was sent to all
potential creditors of the WFUM Pools for whom PRO hold a current address
on 31 July 2006. The documents can be viewed on-line and downloaded in
‘pdf’ format from the Scheme
documentation page on this website. The date of the Creditor
Meetings is Friday 27 October 2006 at Plaisterers’ Hall in London. Voting
forms should be returned by Friday 20 October 2006. Full details are
included on the Scheme
Creditor Meetings page on this website.
Change of company name - 17 July 2006
Allianz Marine & Aviation (France) has changed its name at an
Extraordinary General Meeting held on 17 July 2006. The new name is
Allianz Global Corporate & Specialty (France).
Letter to Creditors issued (Leave to Convene Meetings granted) - 30
June 2006
The Court has now granted leave to convene the necessary meetings of
Scheme Creditors to vote on the proposed WFUM Pools Scheme. These meetings
will take place in late October 2006. Formal notification will be sent,
together with the Scheme documentation and details of how to vote, by the
end of July 2006.
Leave to Convene Creditor Meetings – Judgement handed down – 9 June
2006
On June 9th, 2006, Mr Justice Warren gave leave to convene creditor
meetings for the 16 proposed schemes of arrangement which together make up
the “WFUM Pools Scheme”.
In relation to the WFUM Pools Scheme, based on the evidence presented
at the hearing, the Court granted the Scheme Administrators of the
insolvent pool participant, Sovereign Marine and General Insurance Company
Limited (“Sovereign”) leave to convene the policyholder meetings for
Sovereign and its solvent subsidiaries, Sovereign Insurance (UK) Ltd and
Greyfriars UK Ltd, on the basis of one class of policyholders.
In respect of the other 13 solvent scheme companies the court granted
leave to convene the creditor meetings on the basis of two meetings of
Scheme Creditors: i) a class of Scheme Creditors in respect of their
unpaid agreed claims, other claims not requiring estimation and
outstanding claims; and ii) a class of Scheme Creditors in respect of
their IBNR claims.
We will notify all relevant parties of the creditor meetings dates
shortly.
Leave to Convene Court Hearing held – 27 April - 5 May 2006
The leave to convene hearing for permission to call the creditor
meetings was held between 27 April and 5 May 2006.
Leave to Convene Court Hearing Adjourned - 9 March 2006
The leave to convene hearing for permission to call the creditor
meetings has been adjourned and is now expected to be held on 27 and 28
April 2006.
Given the facts of our case, we believe the WFUM Pool
scheme should proceed as laid out in the practice statement letter dated
20 January 2006. However, as previously stated, we are eager to ensure
this initiative recognises policyholder concerns. We also recognise that
recent approaches and Court decisions regarding creditor classes have
varied. We are therefore looking for the guidance of the Court on this
point and we have agreed to an adjournment to allow this matter to be
explored.
We will update the website should there be any change to
these dates.
If you require further details relating to the hearing
please contact the
helpline
Practice statement Letter issued - 20 January 2006
A
Practice Statement Letter (‘PSL’) was sent to all WFUM Pools scheme
creditors where PRO had an address. It was also sent to certain London
market brokers, legal representatives and market bodies.
The PSL gives notice to scheme creditors of the intentions of the
Scheme Companies to formally propose Schemes of Arrangement including
their proposed application to the High Court of Justice for permission to
convene the necessary meetings of creditors. This details the Scheme
Companies’ proposals for the constitution of creditor classes, for voting
purposes, that will be put forward to the Court.
Pre - Practice statement Letter issued 2 December 2005
A pre-Practice Statement Letter was sent to WFUM Pools scheme creditors
where PRO had an address. It was also sent to certain London market
brokers, legal representatives and market bodies.
The pre-PSL gives advance notice to the scheme creditors about the
possibility of a Scheme of Arrangement for the WFUM Pools Companies in
relation to the business written through the WFUM Pools and other
liabilities (essentially the Sovereign Marine & General Insurance
Company Limited involvement in the Camomile Underwriting Agency Limited
pool).
Scheme Creditors are urged to commence reconciliation of their business
with the WFUM Pools via the secure data site on the website. This secure
site allows scheme creditors to view policy information and any associated
unpaid claims. Scheme Creditors may enter additional data relating to
policies, unpaid claims, outstanding claims and IBNR claims to the web
site.
These letters can be viewed and downloaded from the Important
Information page of the website.
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