The Company is a wholly owned subsidiary of Highlands Holdings (UK)
Limited, which in turn is wholly owned by Highlands Insurance Group, Inc.
(“HIGI”), a corporation organised under the laws of the State of Delaware, USA.
On 31 October 2002, HIGI (together with several subsidiaries) filed a petition
for relief under Chapter 11 of the United States Bankruptcy Code. HIGI’s
Bankruptcy Plan became effective on 31 March 2003.
The Company has extensive reinsurance arrangements with Highlands
Insurance Company, an insurance company organised under the laws of the State
of Texas, USA (“HIC”), which is also a subsidiary of HIGI. In February 2002 the
Texas Department of Insurance placed HIC under a supervisory order due to its
financial condition. On 6 November 2003, HIC was placed under a Rehabilitation
Order by the Judicial District Court of Travis County, Texas (the “Texas
Court”) and a Receiver, the then Texas Commissioner of Insurance, was appointed
to oversee the management of HIC. On 30 January 2004, the Permanent Receiver
appointed Prime Tempus, Inc. as Special Deputy Receiver (“SDR”) to oversee the
management of HIC. On 24 July 2006, a proposed rehabilitation plan (the “HIC
Plan”) was filed in the Texas Court by the SDR.
Summary of business written in the London Market
A summary of the business written by Highlands group companies in the
London market is as follows:
Period
Description
1
1972-1975
HIC, through its unincorporated
London branch, wrote business as part of an underwriting pool known as “Tower
X” with London & Edinburgh Insurance Company Limited and American Home
Assurance Company. Tower X was the successor to the old underwriting agent
Tower Underwriting Management Limited (“TUM”). The Tower X pool wrote all
classes or marine, aviation and non-marine business. HIC’s London branch also
wrote similar business through Highlands Underwriting Agents Limited (“HUAL”),
a new underwriting agency organised by HIC.
2
1975-1977
In 1975 the capacities of Tower X
and HUAL were combined to form a new underwriting pool known as the “HUA Pool
Account”. This pool continued writing business until the end of 1977.
3
1978-1982
HUAL underwrote excess of loss
business on behalf of HIC only. This business became known as “HUA P A/C”
4
1982-1994
The Company, which was
incorporated on 18 November 1974, began writing business in 1983 and between
that date and 1994 the Company predominantly wrote London Market and
international excess of loss business.
5
9
October 1986
The business written by HIC’s
London branch between 1978 and 1982 (reference 3 above) through HUAL was, as a
matter of English law, transferred to the Company pursuant to section 51 of the
Insurance Companies Act 1982 (the “1986 Transfer”). In return for the transfer,
HIC entered into a 34% quota share reinsurance treaty in relation to the run
off of these HUA P A/C liabilities.
6
29
December 1988
The business written by HIC’s
London branch between 1972 and 1977 (reference 1 & 2 above) through Tower X
and HUAL was, as a matter of English law, transferred to the Company pursuant
to section 51 of the Insurance Companies Act 1982 (the “1988 Transfer”,
together with the 1986 Transfer, the “Section 51 Transfers”). In return for the
transfer, HIC entered into two quota share reinsurance treaties pursuant to
which HIC reinsured the Company in respect of 100% of the transferred business.
7
January
1994
The Company ceased underwriting
new and renewal business and has since then been primarily involved in the
agreement of claims and reinsurance collections.
8
1
November 2003
PRO was appointed to manage the
run-off of the Company’s business.
9
25
October 2007
The directors of the Company
applied to the High Court of Justice in the United Kingdom for an
Administration Order
10
1 November 2007
By Court order the Company was put into Administration
and Dan Schwarzmann and Mark Batten were appointed Joint Administrators of the
Company.