This page holds all market circulars and important documents relating to the EAUA Pools. These documents
are held as '.pdf' files and can be downloaded for review by clicking on the link.
1 |
English & American Insurance Company Limited �Certificate of Completion 15 December 2016
A Certificate of Completion has been issued by the Scheme Manager, PRO Insurance Solutions Limited, to English & American Insurance Company Limited.
The Certificate can be viewed / downloaded here: |
2 |
English & American Insurance Company Limited - Notice of Impending Completion
PRO Insurance Solutions Limited, acting as Scheme Manager, believes that the Scheme for English & American Insurance Company Limited has been implemented in accordance with the terms and that the provisions
of clauses 2 and 3 of the Scheme (regarding the valuation and payment of claims) have been complied with. It is therefore proposed that the Scheme will be declared complete on 15th December 2016 (the proposed "Completion Date").
Written Notice of Impending Completion has been sent to all Scheme Creditors which were entitled to receive a Valuation Statement pursuant to clause 2.7.1, informing them of the date on which it is proposed that the Schemes will be declared complete. |
3 |
The Solvent Scheme Companies of the English & American Underwriting Agency
have been jointly granted an Order Closing Chapter 15 Cases by the United States Bankruptcy Court for the
Southern District of New York. |
A copy of the court papers can be found on the Important Documents / Information page.
4 |
The Solvent Scheme Companies of the English & American Underwriting Agency have jointly filed Foreign Representative Motions for entry of
closing Chapter 15 cases at the United States Bankruptcy Court for the Southern District of New York. |
A copy of the court papers can be found on the Important Documents / Information page.
5 |
English & American Insurance Company Limited and Claim No. HC13C02801 in the High Court of Justice of England & Wales |
Update on the Section 57 Application
As previously reported, the Section 57 Application has been heard and the Court
has handed down judgment. A copy of the sealed order of the Court and the Deputy Judge's judgment can be found below:
6 |
English & American Insurance Company Limited and Claim No. HC13C02801 in the High Court of Justice of England & Wales |
Update on the Section 57 Application
The Section 57 Application has now been heard and the Court has handed down judgment. The application was heard by the Honourable Mr Clive Freedman QC, sitting as a
Deputy Judge of the High Court of Justice, who granted the Trustees the relief that they were seeking. By the Deputy Judge's order dated 9 October 2013, the Trustees
have been given the power to apportion the trust fund and so create, in effect, two sub-funds. The Trustees will create a reserve for the benefit of those beneficiaries
of the trust whose claims are not as yet subject to the EAIC scheme of arrangement. The Trustees will then use the balance of the monies in the trust fund to make
distribution to those beneficiaries whose claims are Established Liabilities under the scheme. As a consequence, the making of distributions to the majority of beneficiaries
will be accelerated.
A copy of the final form of the Court's order can be found below :
7 |
English & American Insurance Company Limited and Claim No. HC13C02801 in the High Court of Justice of England & Wales |
Update on the Section 57 Application
On 11 July 2013 a claim form and certain accompanying documents were filed with the court by the Trustees of a trust declared on 29th May 2003 by Anthony James McMahon,
Thomas Alexander Riddell and the Institute of London Underwriters. The claim form is for a court order granting the Trustees additional powers pursuant to section 57 of
the Trustee Act 1925.
The hearing of the Section 57 Application will take place on either 2 October 2013, 3 October 2013 or 4 October 2013 (the final date and time of the hearing have not yet
been confirmed by the court). Further information about the hearing will be posted on this website once known.
This document is an outline of the Section 57 Application arguments provided by Giles Richardson, counsel to the Trustees, in advance of the Section 57
Application hearing this week. As yet, there is no firm indication of the exact date of the hearing, however the hearing is scheduled to take place either on
2 October 2013, 3 October 2013 or 4 October 2013 (the final date and time of the hearing should be confirmed by the court in the next few days). Further information about
the hearing will be posted on this website once known.
8 |
EAUA Pools Solvent Scheme Companies - Certificate of Completion (13 September 2013) |
A Certificate of Completion has been issued by the Scheme Manager (PRO Insurance Solutions Limited) to the Solvent Scheme Companies.
See the Important Information for further details.
Details regarding impending completion for the Insolvent Scheme Companies 'English & American Insurance Company', The Insurance Corporation
of Singapore (U.K.) Limited and The Home Insurance Company (In Liquidation) will be communicated to Scheme Creditors at a later date.
9 |
Nippon Insurance Company of Europe - Certificate of Completion (5 September 2013) |
A Certificate of Completion has been issued by the Scheme Manager (PRO Insurance Solutions Limited) to Nippon Insurance Company of Europe.
See the Important Information for further details.
10 |
EAUA Pools Solvent Scheme Companies - Certificate of Completion (13 September 2013) |
PRO Insurance Solutions Limited, acting as Scheme Manager, believes that the Schemes for the solvent Scheme Companies have been implemented in
accordance with their terms and that the provisions of clauses 2 and 3 of the Schemes (regarding the valuation and payment of claims) have been
complied with. It is therefore proposed that the Schemes will be declared complete on 13th September 2013 (the proposed "Completion Date").
Written Notice of Impending Completion has been sent to all Scheme Creditors which were entitled to receive a Valuation Statement pursuant to
clause 2.7.1, informing them of the date on which it is proposed that the Schemes will be declared complete.
Details regarding the Insolvent Scheme Company 'English & American Insurance Company' and its impending completion will be communicated to its
Scheme Creditors at a later date.
11 |
Re English & American Insurance Company Limited and Claim No. 1/A 22 of 2013 in the High Court of Justice of England & Wales |
These documents relate to a claim form filed on 11 July 2013 by the Trustees of a trust declared on 29th May 2003 by Anthony James McMahon,
Thomas Alexander Riddell and the Institute of London
Underwriters. The claim form is for a court order granting the Trustees additional powers pursuant to section 57 of the Trustee Act 1925.
The hearing of this matter will take place on either 2 October 2013, 3 October 2013 or 4 October 2013 (the final date and time of the hearing
have not yet been confirmed by the court). Further information about the hearing will be posted once known.
12 |
Nippon Insurance Company Limited - Notice of Impending Completion (11 July 2013) |
PRO Insurance Solutions Limited, acting as Scheme Manager, believes that the Scheme for Nippon Insurance Company
Limited has been implemented in accordance with their terms and that the provisions of clauses 2 and 3 of the Schemes
(regarding the valuation and payment of claims) have been complied with. It is therefore proposed that the Scheme will
be declared complete on 5th September 2013 (the proposed "Completion Date").
Written Notice of Impending Completion has been sent to all Scheme Creditors which were entitled to receive a Valuation
Statement pursuant to clause 2.7.1, informing them of the date on which it is proposed that the Schemes will be declared complete.
Details regarding the remaining EAUA Pools Solvent Scheme Companies and the Insolvent Scheme Company 'English & American Insurance Company'
and their impending completion will be communicated to their Scheme Creditors at a later date.
13 |
Re English & American Insurance Company Limited and Claim No. 1/A 22 of 2013 in the High Court of Justice of England & Wales |
These documents relate to a court application filed on 13 May 2013 by the Trustees of a trust declared on 29th May 2003 by
Anthony James McMahon, Thomas Alexander Riddell and the Institute of London Underwriters.
The hearing of that application will be on 3 July 2013 at 11am.
14 |
English & American Insurance Company Limited (EAIC) Annual Report - 2011 |
|
Sent 12 December 2011 |
This report provides an update on EAIC's financial position and the progress made to date by the Scheme Administrators with regards to asset realisations and payments to creditors.
15 |
Notice of Scheme Effective Date (12 October 2010) and Bar Date (11 April 2011) |
|
Sent 25 October 2010 |
This letter was sent to all EAUA Pools scheme creditors where PRO had an address, certain London market brokers, legal representatives and market bodies.
The letter gives notice that the proposed Schemes for the 16 EAUA Pools Scheme Companies for whom votes were taken at the 30 April 2010 Creditor Meetings were sanctioned by the High Court of Justice in England and Wales on 6 October 2010 and became effective and binding on the Scheme Companies and their Scheme Creditors on 12 October 2010 (the "Effective Date").
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 17:00 hours (UK Time) on 11 April 2011 (the "Bar Date").
16 |
Scheme Effective Date and Bar Date (Advertisement) |
This is a copy of the wording used for the advertisement placed in various news and insurance publications in certain territories of the world, in accordance with provisions of the Explanatory Statement and Scheme Document.
The United States Bankruptcy Court has granted recognition to the Schemes of the 13 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.
Quick Info |
File Name |
: Order Granting Recognition of Foreign Proceedings, Permanent Injunction and Related Relief |
Size |
: 38 KB |
Open Chapter 15 Order
|
The amendment to the permanent injunction in the English & American 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 English & American Insurance Company Limited and its Scheme Creditors.
Quick Info |
File Name |
: Hearing re Motion Pursuant to Sections 105 and 304 to Modify Permanent Injunction Order |
Size |
: 169 KB |
Open Court Transcript
|
18 |
Filing and Hearings on Petitions Under Chapter 15 |
On 15 October 2010 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, in respect of the following:
Baloise Insurance Ltd, City International Insurance Company Limited, Dowa Insurance Company (Europe) Limited, East West Insurance Company Limited, Fuji International Insurance Company Limited, Hiscox Insurance Company Limited, KX Reinsurance Company Limited, Metropolitan Reinsurance Company (U.K.) Limited, Moorgate Insurance Company Limited, Nippon Insurance Company of Europe Limited, Polygon Insurance Company Limited, Swiss Re International SE, UK Branch, and Tower Insurance Limited.
The Court has set a hearing date of 23 November 2010 , or such time as Counsel may be heard, before the Honorable James M. Peck in Room 601 of the Bankruptcy Court, One Bowling Green, New York, New York 10004-1408 to consider the Chapter 15 Petitions and the relief requested by the Petitioner.
19 |
English & American Insurance Company Limited modification of the Permanent Injunction Order |
A hearing is scheduled for 23 November 2010 to consider the motion of the Scheme Administrators of English & American Insurance Company Limited for entry of an order (the "Amending Scheme Permanent Injunction Order") pursuant to 11 U.S.C. 105 and 304 modifying the Permanent Injunction Order entered by the Court on 31 January 1995 and previously amended on 26 July 2000 (the "Permanent Injunction Order"), and giving full force and effect in the United States to the Amended Scheme of Arrangement between English & American Insurance Company Limited and its Scheme Creditors.
The Court has set a hearing date of 23 November 2010 at 10:00am, or such other time as Counsel may be heard, before the Honorable James M. Peck in Room 601 of the Bankruptcy Court, One Bowling Green, New York, New York 10004-1408, to consider the motion of the Scheme Administrators.
20 |
Manual Claim Form and General Instructions for the Completion of Claim Forms |
You can submit your claim in the EAUA Pools Scheme via the Secure part of this website, which can be accessed via the Home page. If you do not already have your Website Password and user name please contact the EAUA Pools Scheme helpline, details of which can be found on the Contacts page of this website.
If you do not wish to submit your claim via the website, a Manual Claim Form, together with instructions for completion, can be downloaded via this link.
Please note that due to the complexity of the EAUA Pools, we believe it will be much easier for you to enter details of your claims on the Voting Form on the Website following the instructions provided and Scheme creditors are encouraged to do so.
However, to view or download a Manual Voting Form, click here.
22 |
Location Map of venue for Meetings of Scheme Creditors |
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|
This document is a location map for the Meetings of Scheme Creditors to be held at Plaisterers' Hall, 1 London Wall, London EC2Y 5JU on Friday 30 April 2010.
Quick Info |
File Name |
: Location Map of venue for Meetings of Scheme Creditors |
Size |
: 84 KB |
Open Location Map
|
23 |
Cover Letter and Notice of Meetings of Scheme Creditors |
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Sent: 8 February 2010 |
This letter was sent to all EAUA Pools scheme creditors where PRO has an address, certain London market brokers, legal representatives and market bodies.
24 |
Notice of Scheme Meetings (Advertisement) |
This is a copy of the wording used for the advertisement placed in various news and insurance publications in certain territories of the world giving notice of impending Scheme Meetings, in accordance with provisions of the Explanatory Statement and Scheme Document.
25 |
Explanatory Statement and Scheme Document |
This document includes the Explanatory Statement and the Scheme Document with the associated schedules and appendices, including but not limited to:
Explanatory Statement:
History of the EAUA Pools and a summary of the business to be included in the Scheme;
Draft Voting and Proxy Forms;
Scope of the Scheme.
Scheme Document:
Estimation Methodology;
Draft Claim Form;
Draft Valuation Statement.
26 |
CV for the Scheme Manager |
This document is the Curriculum Vitae for PRO Insurance Solutions Limited, the Scheme Manager.
27 |
CV for the Scheme Chairman |
This document is the Curriculum Vitae for Ian Marshall, the Scheme Chairman.
28 |
CV for the Scheme Adjudicator |
This document is the Curriculum Vitae for Colin J W Czapiewski, the Scheme Adjudicator
29 |
CV for the Scheme Actuary |
This document is the Curriculum Vitae for Philip Tippin, the Scheme Actuary.
30 |
UK Employers Liability ( EL ) Business |
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|
Any EL Scheme Creditor who wishes to review a specimen of the policy wording in respect of the Replacement Insurance referred to in Appendix F (the Deed Poll) of the Scheme Document, should contact the Scheme Manager for a copy at pro_eauapools@pro-ltd.co.uk
31 |
English & American Insurance Company Limited (EAIC) Annual Report
2009 |
|
Sent: 26th November 2009 |
This report provides an update on EAIC's financial position and the progress
made to date by the Scheme Administrators with regards to asset realisations
and payments to creditors. This report also provides important information
regarding the Scheme Administrators' plans to close the estate (through the
proposed Scheme of Arrangement for the EAUA Pools) and make final, or near
final, payments to creditors.
For previous annual reports please contact the Scheme Administrator.
32 |
The Home Insurance Company (In Liquidation) Claims Procedure Order |
This document is the order establishing procedures regarding claims filed with The Home Insurance Company (In Liquidation).
33 |
Practice Statement Letter (�PSL�) |
|
Sent: 15th October 2009 |
This letter was sent to all EAUA Pools scheme creditors where PRO had an
address, 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 for their EAUA pools
business, and non-EAUA pools business where appropriate, including their
proposed application to the High Court of Justice for permission to convene the
necessary meetings of creditors. The letter details the Scheme Companies�
proposals for the constitution of creditor classes, for voting purposes, that
will be put forward to the court.
34 |
Pre Practice Statement Letter (�PPSL�) |
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Sent: 8th January 2009 |
This letter was sent to the top 500 EAUA Pools policyholders, certain London market
brokers and market bodies where PRO has an address. The letter advised the
market that a proposed Scheme of Arrangement is being considered for the EAUA
pools.
35 |
English & American Insurance Company Limited (EAIC) Amending
Scheme of Arrangement (1st June 2000) |
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