Executives of Reciprocal of America, a failed Virginia insurer, conspired to defraud policyholders of three risk retention groups domiciled in Tennessee, according to allegations in a federal lawsuit filed by that state's Insurance Commissioner. The 2003 collapse of the three Tennessee companies that were run by ROA left thousands of doctors and lawyers scrambling for professional liability insurance and holding some $200 million in unpaid claims. By federal statute, policyholders of risk retention groups are not eligible for protection by state insurance guaranty funds.
A federal RICO complaint filed by the Commissioner in the Western District of Tennessee lays out allegations of a web of corporate shells and money transfers, alleging fraud, conspiracy, malpractice and abuse of trust against a list of companies and individuals alleged to be involved, the first named of which was Gen Re. The Commissioner maintains a webpage of links to sources concerning the insolvency of the companies, including the full text of the February 9, 2004 complaint.
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The RICO suit becomes more interesting in light of more recent reports of Warren Buffett's cooperation with federal and state authorities investigating unusual transactions between Gen Re and AIG similar to those involving ROA's exposures. Stories now emerging suggest that it was Buffett's voluntary delivery of certain information about unusual transactions involving Gen Re and international insurance giant AIG that may have started the series of events leading to the recent departure of Mr. Greenberg from the helm of AIG. See, e.g. Bloomberg.com: "Buffett, King of Transparency, Queried on Reinsurance Secrets U.S." (April 11, 2005)
See also my March 3 posting in: Unintended Consequences: Search for Deep Pockets Widens in Reciprocal of America Case
And on March 28 in: Unintended Consequences: Wharton Looks at AIG and Greenberg
And on April 7 in: Unintended Consequences: Wharton's Thoughts on AIG and "finite reinsurance"
Posted by dougsimpson at April 13, 2005 09:56 AM