Update On Liquidation Of The Home Insurance Company

Carlton Fields

The New Hampshire liquidation court approved the commutation, settlement, and release agreement between The Home Insurance Company (liquidating) and OIC Run-Off Limited (formerly known as The Orion Insurance Company) (OIC) and The London Overseas Insurance Company Limited (formerly known as The London and Overseas Insurance Company Plc) (L&O). As the motion for approval of the agreement explained, “[t]he Agreement is unusual in that the Liquidator is seeking to collect from insurers that are themselves insolvent and in insolvency proceedings in London under English law.” For example, the agreement is governed by and construed in accordance with English law and is subject to the exclusive jurisdiction of the High Court of Justice of England and Wales. The commutation agreement was approved March 13, 2017 and provides for the commutation of all of Home’s ceded and assumed business to or from OIC and L&O, as well as the resolution of all of OIC’s and L&O’s contribution claims against Home. A redacted copy of the commutation agreement, with economic terms removed, was filed with Home’s motion for approval. In re Liquidation of The Home Insurance Co., Case No. 217-2003-EQ-00106 (N.H. Sup. Ct. Mar. 13, 2017) (Order Approving Commutation); Motion for Approval (Feb. 6, 2017).


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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