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Thursday, September 18, 2008

Florida's Citizens Property Insurance Corp. Seeks Suggestions

Florida-backed Citizens Property Insurance Corp. will host a series of policyholder forums in Miami-Dade, Broward and Palm Beach Counties from Sept. 23-25."Citizens proactively seeks input from our policyholders through these forums," said Paul Palumbo, Citizens' senior vice president of underwriting. "Given our high concentration in southeast Florida and recent changes for our coastal customers, we look forward to this availability and talking with them about their concerns, needs and policies."

Citizens' staff and members of senior management will be on hand to answer questions from the audience.

The forum in Miami-Dade County will be held Sept. 23 at 4 p.m. at the Marriott Dadeland in Miami.

The Broward County forum is scheduled for Sept. 24 at 4 p.m.at the Airport Sheraton in Dania.

The forum in Palm Beach County is set to take place on Sept. 25 at 4 p.m. at the Crowne Plaza in West Palm Beach.

Source: Citizens Property Insurance Corp.


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Court: Insurer Can't Bring Subrogation Claim Against Attorney

Insurers are not allowed to bring equitable subrogation actions premised on professional negligence against attorneys, the Colorado Court of Appeals has ruled.According to State Farm Fire and Casualty Co., as subrogee of Running Bear Homeowners Association v. Robert G. Weiss and Weiss and Van Scoyk LLP, attorney Robert Weiss ddrafted a association covenant for Running Bear Homeowners Association. The HOA wanted to amend its covenant to limit rental periods to not less than 30 days, and Weiss incorrectly advised his client that they could make the amendment without the consent of people who owned the individual units.

When a unit owner sued the HOA for lost rental income, the HOA settled, and then submitted a claim to State Farm for $52,000.

State Farm then initiated an equitable subrogation action against the attorney, based on the theory of professional malpractice. Weiss claimed State Farm couldn't bring a professional negligence claim against it because State Farm was not the attorney's client -- the HOA was. Yet State Farm opposed the motion and submitted the HOA's waiver of its attorney-client privilege. The trial court granted the motion.

"If we allow insurers to bring equitable subrogation actions premised on professional negligence against attorneys. There is no question that allowing such claims will increase the number of lawsuits. This burdens both the legal profession and the justice system and would ultimately restrict the availability of competent legal services," the appeals court wrote.

The appeals court ruled that the trial court properly dismissed State Farm's claim, and the case was remanded for an award
of reasonable attorney fees incurred on appeal.

For more information, visit www.lawyersusaonline.com/pdfs/WEISS99310730.pdf.

Source: Colorado Courts

Insurers Seek Veto of California Workers' Comp Bills

The American Insurance Association says three measures on the way to California Gov. Arnold Schwarzenegger's desk should be vetoed because they will increase employers' costs for workers' compensation, weaken the utilization review process and bring uncertainty back to the system.Thus, AIA has sent letters requesting vetoes for SB 1717 (Perata), AB 2969 (Lieber) and SB 1115 (Migden).

"SB 1717 will undermine the current rulemaking efforts by the Division of Workers' Compensation (DWC) to amend the Permanent Disability Rating Schedule. DWC's regulatory process should be allowed to proceed because its suggested changes are based on appropriate studies and supporting data," said Steve Suchil, AIA assistant vice president, state affairs. "AIA is requesting a veto of SB 1717 because it will also significantly raise the cost of workers' compensation coverage for employers by increasing the number of benefit weeks for each level of disability. Similar bills have been vetoed in the past."

AB 2969 (Lieber) would ban medical treatment utilization review by physicians licensed in states outside California.

"This bill will hamper the use of utilization review, limit the number of physicians available to conduct reviews, cause delays in treatment and increase system costs," said Suchil. "The DWC has full authority to bring administrative remedies if there are abuses or problems."

SB 1115, authored by Carol Migden (D-San Francisco) is intended to discourage discrimination against protected classes in the permanent disability benefit apportionment process.

"We fully concur with the intent behind SB 1115, unfortunately this bill will create uncertainty in the permanent disability determination process and result in unintended consequences," said Suchil. "Bottom line: this bill is not necessary. Current law protects against discrimination based on age, race, religion, sex, sexual orientation, or other factors. The DWC and the Workers' Compensation Appeals Board already have the ability to address improper discrimination in the process."

AIA has sent letters to Governor Arnold Schwarzenegger-R requesting his veto of all three measures.

For information, visit www.aiadc.org.

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Gallagher Acquires UK's Oxygen Insurance Managers

Oxygen Holdings Plc, a London market insurance intermediary, and Arthur J Gallagher (UK) announced the sale of Oxygen's underwriting subsidiary, Oxygen Insurance Managers Ltd. (OIM) to Gallagher (UK), for an undisclosed sum.Gallagher's bulletin noted: "OIM is a Financial Services Authority (FSA) authorized underwriting agency representing a number of major insurance companies and Lloyd's Syndicates, acting directly or through a local intermediary. OIM specializes in international classes of insurance such as liability, extended warranty, cargo and specie, property, and group personal accident and travel. Sian Fisher and her associates will continue to operate out of their current Fenchurch Street location as OIM Underwriting Ltd. under the direction of David Ross, CEO of Arthur J. Gallagher (UK) Limited, Gallagher's FSA-authorized broker and approved Lloyd's of London broker."

Oxygen Holdings stated that Fisher would "remain on the Board of Oxygen Holdings Plc as a non-executive director." The two companies have worked closely together. OIM will continue to maintain "a strong trading relationship with Oxygen's broking subsidiary, Oxygen Insurance Brokers, Ltd., and continue to share office space in Fenchurch Street, London," said Oxygen's bulletin. "Clients, insurers and carrier partners will be unaffected by the sale."

Ross commented: "This strategic acquisition illustrates our continued approach to measured growth. Having traded successfully with OIM for a number of years we believe their professionalism and entrepreneurial spirit is a perfect fit for our organization. Our companies share similar culture and values, particularly as regards client service."

Nigel Barton, Chief Executive Officer, Oxygen Holdings Plc, added: "We have been approached by a number of parties in recent months interested in acquiring the agency operation - a demonstration of the fact that this type of business model has gained real traction.

"After careful review and assessment, we decided that Arthur J Gallagher presented an opportunity that worked well for all stakeholders - shareholders, staff, clients & carriers. Gallaghers provides a larger, international platform from which OIM will be better placed to fulfill its potential."

Fisher noted that OIM "has made considerable progress since its creation in 2004 and achieved great results from a standing start. This arrangement enables us to build upon our historical trading relationship with AJ Gallagher, and also, to establish collaboration between two entrepreneurial businesses which will drive OIM forward."

Source: Oxygen Holdings - www.oxygeninsurance.com and Arthur J. Gallagher - www.ajg.com


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Japan Insurers, QBE Seen Eyeing AIG Assets; China Less Likely

Japan's well-capitalized and acquisitive insurers and Australia's top player are seen as potential buyers if reeling U.S. heavyweight AIG sells assets, analysts and fund managers said.However, China's ambitious insurers are expected to be more cautious given market turmoil at home, industry watchers said.

American International Group, once the world's most valuable insurer, was rescued from potential bankruptcy late on Tuesday when the U.S. Federal Reserve agreed to lend it up to $85 billion over two years in exchange for a near 80 percent stake.

Given the hefty interest rate on the loan -- 850 basis points over LIBOR -- AIG is under pressure to offload assets, such as its huge aircraft leasing business.

It was not immediately clear if insurance businesses might come up for sale, although the Wall Street Journal reported earlier this week that AIG, which operates in more than 100 countries, might sell Transatlantic Holdings, its New York-listed reinsurance group. Swiss Re and Munich Re have been mentioned as potential buyers.

Analysts also said Canadian life insurance company Manulife Financial Corp would be interested in some of AIG's businesses.

Japanese insurers, looking to grow beyond a stagnant home market, have been acquirers of late and continue to keep their eyes open for deals.

"It's a no-brainer," said CLSA analyst Yuin Lim in Hong Kong. "If you have a non-growing mature market, excessive capital, you have a big war chest there."

In July, Tokio Marine Holdings agreed to pay $4.7 billion for property insurer Philadelphia Consolidated Holding Corp. Tokio Marine had earlier purchased Lloyd's insurer Kiln Ltd. for £442 million ($789 million).

In another sign of the Japanese industry's outward focus, Nippon Life Insurance said in August it would raise 50 billion yen ($474 million) to strengthen its capital and invest abroad.

However, Koichi Ogawa, chief portfolio manager at Daiwa SB Investments, said potential Japanese buyers were unlikely to emerge in the near-term. "I think it would take quite some time to split up AIG and sell it off, considering the due diligence. This is a company that's had a financial crisis," he said.

AUSTRALIA, CHINA
In Australia, industry leader QBE Insurance Group Ltd, rebuffed in a bid earlier this year for local rival Insurance Australia Group, is the likeliest buyer of AIG assets that might come up for sale, a fund manager said.

"The only one likely to show up as interested is QBE. AIG is a vast organization with bits throughout the world, there certainly would be bits that QBE would be interested in," said Mark Nathan, portfolio manager at Fortis Investment Partners.

While China's big state run financial firms have bought significant minority stakes in western peers, Beijing has become gun-shy recently as overseas acquisitions rack up paper losses and domestic markets swoon.

The Shanghai Composite Index is off 63 percent this year, eroding investment profits at big players China Life Insurance, Ping An Insurance and PICC Property & Casualty, which is 9.9 percent owned by AIG.

"It's not likely for Chinese insurers to acquire AIG's overseas businesses," said Gong Jinping, analyst at China Merchant Securities.

China Life has expressed interest in investments abroad but said recently it needs to be cautious given global uncertainty.

Ping An bought 5 percent of Belgian-Dutch financial group Fortis for $2.67 billion last year. But its $3.33 billion deal for half of Fortis' asset management unit has had its approval delayed by Beijing, according to Fortis.

"For one thing, it's too risky to buy overseas assets now. On the other hand, Chinese insurers themselves are suffering from weakening repayment abilities and don't have enough capital for big acquisitions," Gong said.

(US$1-105.54 yen=0.5599 pound) (Additional reporting by David Dolan in TOKYO, Mette Fraende in SYDNEY, Samuel Shen and Heorge Chen in SHANGHAI and Kirby Chien in Beijing; Editing by Louise Heavens)
Copyright 2008 Reuters. Click for Restrictions.


eInsuranceMarket.com

AIG Woes Offer Double Benefit for Insurance Rivals

Insurance rivals stand to reap the benefits from the woes of American International Group, snapping up assets AIG is forced to sell while gaining greater pricing power as AIG pulls in its claws.Zurich Financial Services and other insurance rivals are the possible winners say analysts who see AIG emerging from its current troubles with less weight to throw around.

"The first consequence we see is that it should be a positive for the P&C (property and casualty) industry," said JP Morgan analysts in a research note.

"This effectively represents a withdrawal of capacity (or capital) from the marketplace ...Pricing in the P&C market is driven by capital -- the less capital, the less pressure there is for prices to fall."

The likely withdrawal of billions of dollars of AIG capital from the sector will put a brake on the slide in prices in the commercial insurance market, where premiums had been forecast to fall by up to 20 percent due to intense competition.

AIG has for a long time been a dominant player in corporate insurance, with an 11 percent share in the U.S. market, as well as for other big-ticket risks such as aviation.

Now, intermediaries predict that although AIG will continue underwriting, it is likely to lose business clients.

"In our view, ZFS is probably the clearest winner," said JP Morgan.

One senior executive at an insurance broker who spoke on condition of anonymity saw others benefiting as well: "Zurich and ACE are likely to be the beneficiaries, maybe even AXA. Anyone with a multinational network will be a winner."

"It's still early days, but it's my view that AIG is a wounded animal. It will be hard for us to say to clients 'We'll place your business with a company who we have no idea what its ownership or management structure will look like in six months' time,'" said the broker.

FIRESALE?

AIG's rescue calls for the U.S. Federal Reserve to lend up to $85 billion to AIG for two years in exchange for a 79.9 percent equity stake.

AIG will pay interest at a steep 8.5 percentage points above the three-month London Interbank Offered Rate, equal to about 11.4 percent. That gives AIG a big incentive to embark on a massive asset sale programme to pay back the loan quickly.

Insurance rivals are set to jostle to pick up attractive parts of the AIG empire, assets which include profitable aircraft leasing arm International Lease Finance Corp (ILFC).

AIG's stake in reinsurer Transatlantic Re, its market-leading operations in central and Eastern Europe and Asia would all be attractive assets, analysts say.

Munich Re has registered its interest in picking up AIG assets, but it is likely to face stiff competition, with Japan's well-capitalised and acquisitive insurers and Australia's QBE also seen as potential bidders.

Analysts say Canadian life insurance company Manulife Financial Corp., the biggest life insurer in North America by market value, might consider acquiring AIG's U.S. variable annuity business, and Manulife executives have said they would like to enter the Japanese and Chinese wealth-management markets.

"If you take out all the financial services business, AIG had a classic life and property/casualty insurance business and it was very profitable. They made good money," said Thomas Noack, insurance analyst at WestLB.

"This... represents an opportunity for those companies either with cash, or with access to cash (via leverage), to build out their portfolios," said JP Morgan.

"AIG has some attractive assets in our view. We are now undoubtedly in a buyer's market in our opinion, although we expect a lot of competition for the assets."

(Editing by Jason Neely)
Copyright 2008 Reuters. Click for Restrictions.


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