ALLIANZ GLOBAL CORPORATE & SPECIALTY (FRANCE)
ALLIANZ IARD
DELVAG LUFTFAHRTVERSICHERUNGS-AG
NÜRNBERGER ALLGEMEINE VERSICHERUNGS-AG
(each a “Scheme Company” and together the “Scheme Companies”)
Welcome to the CUAL Schemes website which is designed to provide assistance in connection with the Scheme referred to below.
IMPORTANT UPDATE: CERTIFICATE OF COMPLETION -
21 MAY 2012
David McGuigan, acting as Scheme Manager, has issued a Certificate of Completion for each of the Scheme Companies pursuant to which the Schemes have been declared complete in respect of all Scheme Creditors on 21 May 2012 (the “Completion Date”). Following the Completion Date, no Scheme Creditor is entitled to any claim on, recovery from, or interest on, any Security, guarantee or indemnity in respect of a Scheme Claim or otherwise to make any claim or receive payment in respect of a Scheme Claim.
If you have any queries, please contact the Scheme Companies, whose contact details are set out below.
IMPORTANT UPDATE: NOTICE OF IMPENDING COMPLETION -
20 MARCH 2012
David McGuigan, acting as Scheme Manager, has concluded that the Schemes have been implemented in accordance with their terms and that the provisions of clauses 2 and 3 of the Schemes (regarding the agreement, adjudication and payment of Scheme Claims) have been complied with. It is therefore proposed that the Schemes will be declared complete on 21st May 2012 (the proposed "Completion Date").
If you have any queries, please contact the Scheme Companies, whose contact details are set out below.
IMPORTANT UPDATE:
FINAL CLAIMS SUBMISSION DATE - 11.59pm (London Time) on 21 FEBRUARY 2011
Following the Final Claims Submission Date, Scheme Creditors will no longer be entitled to assert any Scheme Claims that had not previously been notified to the Scheme Manager by way of a completed Claim Form.
SCHEME ADMINISTRATION
The administration of the Scheme is now being handled by the Scheme Companies themselves. Their contact details are set out below. Claims Forms and supporting evidence must be submitted to the Scheme Manager by no later than the Final Claims Submission Date. Information on how to complete your Claim Form can be found under the heading “Return of Claim Forms” below.
Return of Claim Forms
For each Scheme Creditor of which he is aware, the Scheme Manager has prepared a Claim Form. Included with the Claim Forms will be the details he has of: (1) each Insurance Contract of which he is aware and which may give rise to a Scheme Claim; and (2) any Unpaid Agreed Claims of which he is aware arising under such Insurance Contracts.
If you would like to submit a Scheme Claim, please refer to the Claim Form and the accompanying instructions. Please read these carefully before completing and submitting your Claim Form.
The schedule of policies accompanying the Claim Form can also be supplied electronically in Microsoft Excel format by the Scheme Manager. You are strongly encouraged to request this and to enter your data on the Excel spreadsheet, where possible, because this should be easier for you than entering it onto the paper spreadsheet. Alternatively, a blank schedule can be downloaded by following the link below.
You must also complete the Declaration, the Currency Election Form and the Form of Payment (together the "Scheme Creditor Forms"). These Scheme Creditor Forms can be found in the Notice of Scheme letter, a copy of which has been sent to all known Scheme Creditors, and which can be also be found at the link below entitled "Notice of Scheme and Claim Form Instructions" on pages 7 to 9.
Claim Forms may be submitted by completing and returning a Claim Form, including the completed Scheme Creditor Forms, plus the evidence supporting your Scheme Claim, to the Scheme Manager by e-mail, post or fax. Where e-mail is used, the Claim Form must be sent in pdf format showing a scanned image of the completed Claim Form (although the completed policy schedule showing which policies you are asserting Scheme Claims against may be attached as an Excel spreadsheet). Forms sent by e-mail or fax will only be accepted if they are legible.
The Claim Form and supporting evidence must be received by the Scheme Manager by no later than the Final Claims Submission Date, after which no new or revised Claim Form will be admitted. The Final Claims Submission Date is 11.59 pm, London Time on 21 February 2011. Claim Forms and supporting evidence should be returned to the Scheme Manager at the address below by the Final Claims Submission Date.
Scheme Creditors should note that any estimates of the value of their Scheme Claims made on, and evidence provided in connection with, a Claim Form may not be protected by privilege and may be discoverable, for example on the application of a third party with a claim against the Scheme Creditor, in any action or proceedings to which the Scheme Creditor might be a party. Scheme Creditors should consult their own professional advisers as to the consequences of furnishing such particulars.
Please check this site for further updates. Meanwhile, please contact the Scheme Manager in accordance with the contact details below if you have any queries
CHAPTER 15 ORDER MADE ON 10 NOVEMBER 2010.
On behalf of each of the Scheme Companies and as their foreign representative, David McGuigan filed petitions pursuant to Chapter 15 of the United States Bankruptcy Code, with the United States Bankruptcy Court for the Southern District of New York.
Pursuant to Chapter 15, the Scheme Companies sought, amongst other things, an order that their Schemes be given full force and effect in the United States.
On 10 November 2010, the United States Bankruptcy Court granted recognition of each Scheme Company’s Scheme. The Chapter 15 order provides that the Schemes are to be given full force and effect in the United States, and provides for a permanent injunction and related relief.
Chapter 15 documents are available to download below.
If you have any queries, please contact the Scheme Companies whose contact details are set out below.
CUAL POOL SOLVENT SCHEMES OF ARRANGEMENT MADE EFFECTIVE ON 26 JULY 2010
Following the Creditors’ Meetings held in London on 10 June 2010 at which Scheme Creditors unanimously voted in favour of the solvent schemes proposed by each Scheme Company, the High Court of Justice of England and Wales has sanctioned the schemes of arrangement between the Scheme Companies listed above and their Scheme Creditors (the "Schemes"). Copies of the Orders sanctioning the Schemes were delivered to the Registrar of Companies in England and Wales on 26 July 2010 and the Schemes became effective for each of the Scheme Companies on that date (the "Effective Date"). Please note that all Scheme Creditors are now bound by the provisions of the Scheme.
The Scheme and Chapter 15 documents are available to download from the documents section below. Should you require a paper copy of these documents, please contact the Scheme Manager at the address at the end of this section.
Background:
Allianz Global Corporate & Specialty (France) (formerly known as Allianz Marine & Aviation (France), AGF Marine Aviation Transport and Compagnie d'Assurances Maritimes Aeriennes et Terrestres ("CAMAT")), Allianz IARD (formerly known as Assurances Générales de France I.A.R.T. ("AGF")), Delvag Luftfahrtversicherungs-AG and Nürnberger Allgemeine Versicherungs-AG, each intends to propose a solvent scheme of arrangement pursuant to Part 26 of the Companies Act 2006. The schemes are collectively referred to as the "Schemes".
The aim of the Scheme is to finalise the run-off of the Scheme Companies' involvement in the business underwritten for them by Camomile Underwriting Agencies Limited ("CUAL"), (collectively known as CUAL business).
The Scheme does not include any non-CUAL business nor, for the avoidance of doubt, any business underwritten for Sovereign Marine & General Insurance Company Limited whether for the business they underwrote through CUAL or otherwise.
The Schemes and Chapter 15 documents are available below
SCHEME COMPANIES CONTACT DETAILS
You can contact the Scheme Companies by E-mail at the following addresses:
ALLIANZ GLOBAL CORPORATE & SPECIALTY (FRANCE) & ALLIANZ IARD - agcsfrmarineclaimshandling@allianz.com
DELVAG LUFTFAHRTVERSICHERUNGS-AG - andreas.biegel@delvag.de
NÜRNBERGER ALLGEMEINE VERSICHERUNGS-AG - InternationalCompliance@nuernberger.de
Please read the Terms and Conditions by clicking on the appropriate button at the bottom of this page.