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Goddard Insurers in the Unites States have long faced structural challenges in changing business mix or shedding lines of business or legacy books. When insurers try to streamline their corporate structures, they often grapple with diverse books of business written across diverse corporate entities, or runoff legacy books trapped within active companies.
Insurers often must divest lines of business through complex reinsurance transactions. The United Kingdom and other common law jurisdictions have embraced a system of corporate transactions and business transfers to help, but it is generally unknown if these structures would be honored by U.
Rhode Island has enacted a series of statutes and regulations to attract new insurers to the state by allowing them to enter into U. The problem is simple: Connecticut has recently enacted a new approach.
The law establishes an entirely new procedure, effectively a demerger, which creates multiple distinct legal successors to the originating insurer. To divide, an insurer must first create a plan of division and submit that plan for approval to the Connecticut insurance commissioner.
The plan must also provide for the manner of distributing ownership interests in the dividing insurer and the resulting insurers. Holders of ownership interests in the original insurer may lose their interest following the division, subject to appraisal rights, if applicable.
The sponsor may amend or abandon the plan until it is effective. All documents submitted to the commissioner, apart from the plan of division and incorporating documents, must be kept confidential.
The dividing insurer must approve the plan of division in accordance with its governance documents. If the insurer has specified a certain procedure for mergers, that process must also be followed for a division. Creditors that have lent money to the dividing insurer prior to Oct.
The commissioner must approve a plan unless the commissioner finds the division will not protect policyholders and interest holders or if it constitutes a fraudulent transfer. Once the plan is approved by the commissioner, a certificate of division describing the effect of the transaction is filed with the Connecticut Secretary of State.
Following the division, each of the resulting insurers is individually liable only for the policies and liabilities that are allocated to that insurer, but the resulting insurers are jointly and severally liable for every policy and liability not allocated by the plan of division.
This provision encourages well-planned divisions. The act is modeled after similar statutes in Pennsylvania and Arizona.
However, statutes in the other states apply to general corporate matters, whereas the new Connecticut law is dedicated to insurance. There are somewhat similar laws in the U.Oct 30, · He previously was a managing editor of heartoftexashop.com, ran the Huffington Post's business and technology coverage, and was a columnist, reporter and editor for the Wall Street Journal.
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