English and American Pools

 
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Important Documents / Information

This page holds all market circulars and important documents relating to the EAUA Pools. These documents are held as '.pdf' files and can be downloaded for review by clicking on the link.

1 English & American Insurance Company Limited –Certificate of Completion 15 December 2016

A Certificate of Completion has been issued by the Scheme Manager, PRO Insurance Solutions Limited, to English & American Insurance Company Limited. The Certificate can be viewed / downloaded here:

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File Name : Scheme Completion Certificate - EAIC
Size : 146 KB
Open : Scheme Completion Certificate - EAIC

2 English & American Insurance Company Limited - Notice of Impending Completion

PRO Insurance Solutions Limited, acting as Scheme Manager, believes that the Scheme for English & American Insurance Company Limited has been implemented in accordance with the terms and that the provisions of clauses 2 and 3 of the Scheme (regarding the valuation and payment of claims) have been complied with. It is therefore proposed that the Scheme will be declared complete on 15th December 2016 (the proposed "Completion Date"). Written Notice of Impending Completion has been sent to all Scheme Creditors which were entitled to receive a Valuation Statement pursuant to clause 2.7.1, informing them of the date on which it is proposed that the Schemes will be declared complete.

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File Name : EAIC Scheme Closure notice 07 10 2016
Size : 117 KB
Open : EAIC Scheme Closure notice 07 10 2016

3 The Solvent Scheme Companies of the English & American Underwriting Agency have been jointly granted an Order Closing Chapter 15 Cases by the United States Bankruptcy Court for the Southern District of New York.

A copy of the court papers can be found on the Important Documents / Information page.

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File Name : Order Closing Chapter 15 Cases
Size : 112 KB
Open : Order Closing Chapter 15 Cases

4 The Solvent Scheme Companies of the English & American Underwriting Agency have jointly filed Foreign Representative Motions for entry of closing Chapter 15 cases at the United States Bankruptcy Court for the Southern District of New York.

A copy of the court papers can be found on the Important Documents / Information page.

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File Name : EAUA Chapter 15 Closing papers
Size : 9.06 MB
Open : EAUA Chapter 15 Closing papers

5 English & American Insurance Company Limited and Claim No. HC13C02801 in the High Court of Justice of England & Wales

Update on the Section 57 Application

As previously reported, the Section 57 Application has been heard and the Court has handed down judgment. A copy of the sealed order of the Court and the Deputy Judge's judgment can be found below:

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File Name : Deputy Judge's judgment in respect of the Section 57 Application
Size : 2.06 MB
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File Name : Sealed Order of the Court - 3.12.13
Size : 188 KB
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6 English & American Insurance Company Limited and Claim No. HC13C02801 in the High Court of Justice of England & Wales

Update on the Section 57 Application

The Section 57 Application has now been heard and the Court has handed down judgment. The application was heard by the Honourable Mr Clive Freedman QC, sitting as a Deputy Judge of the High Court of Justice, who granted the Trustees the relief that they were seeking. By the Deputy Judge's order dated 9 October 2013, the Trustees have been given the power to apportion the trust fund and so create, in effect, two sub-funds. The Trustees will create a reserve for the benefit of those beneficiaries of the trust whose claims are not as yet subject to the EAIC scheme of arrangement. The Trustees will then use the balance of the monies in the trust fund to make distribution to those beneficiaries whose claims are Established Liabilities under the scheme. As a consequence, the making of distributions to the majority of beneficiaries will be accelerated.

A copy of the final form of the Court's order can be found below :

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File Name : Section 57 Application draft Order 1 FINAL version
Size : 1.85 MB
Open : Section 57 Application draft Order 1 FINAL version

7 English & American Insurance Company Limited and Claim No. HC13C02801 in the High Court of Justice of England & Wales

Update on the Section 57 Application

On 11 July 2013 a claim form and certain accompanying documents were filed with the court by the Trustees of a trust declared on 29th May 2003 by Anthony James McMahon, Thomas Alexander Riddell and the Institute of London Underwriters. The claim form is for a court order granting the Trustees additional powers pursuant to section 57 of the Trustee Act 1925.

The hearing of the Section 57 Application will take place on either 2 October 2013, 3 October 2013 or 4 October 2013 (the final date and time of the hearing have not yet been confirmed by the court). Further information about the hearing will be posted on this website once known.

This document is an outline of the Section 57 Application arguments provided by Giles Richardson, counsel to the Trustees, in advance of the Section 57 Application hearing this week. As yet, there is no firm indication of the exact date of the hearing, however the hearing is scheduled to take place either on 2 October 2013, 3 October 2013 or 4 October 2013 (the final date and time of the hearing should be confirmed by the court in the next few days). Further information about the hearing will be posted on this website once known.

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File Name : Notice of EAIC - Skeleton Argument for final hearing 27Sept13
Size : 448 KB
Open EAIC - Skeleton Argument for final hearing 27Sept13

8 EAUA Pools Solvent Scheme Companies - Certificate of Completion (13 September 2013)

A Certificate of Completion has been issued by the Scheme Manager (PRO Insurance Solutions Limited) to the Solvent Scheme Companies.
See the Important Information for further details.

Details regarding impending completion for the Insolvent Scheme Companies 'English & American Insurance Company', The Insurance Corporation of Singapore (U.K.) Limited and The Home Insurance Company (In Liquidation) will be communicated to Scheme Creditors at a later date.

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File Name : Notice of Baloise Scheme Completion Certificate - Issued 13.9.13
Size : 75.1 KB
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File Name : Notice of City Scheme Completion Certificate - Issued 13.9.13
Size : 75.2 KB
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File Name : Notice of Dowa Scheme Completion Certificate - issued 13.9.13
Size : 75.3 KB
Open Dowa Scheme Completion Certificate - issued 13.9.13

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File Name : Notice of East West Scheme Completion Certificate - issued 13.9.13
Size : 75.2 KB
Open East West Scheme Completion Certificate - issued 13.9.13

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File Name : Notice of Fuji Scheme Completion Certificate - issued 13.9.13
Size : 75.2 KB
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File Name : Notice of Hiscox Scheme Completion Certificate - issued 13.9.13
Size : 75.2 KB
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File Name : Notice of KX Re Scheme Completion Certificate - issued 13.9.13
Size : 75.1 KB
Open KX Re Scheme Completion Certificate - issued 13.9.13

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File Name : Notice of Metropolitan Re Scheme Completion Certificate - issued 13.9.13
Size : 75.2 KB
Open Metropolitan Re Scheme Completion Certificate - issued 13.9.13

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File Name : Notice of Moorgate Scheme Completion Certificate - issued 13.9.13
Size : 75.2 KB
Open Moorgate Scheme Completion Certificate - issued 13.9.13

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File Name : Notice of Polygon Scheme Completion Certificate - issued 13.9.13
Size : 75.2 KB
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File Name : Notice of SR Intl Scheme Completion Certificate - issued 13.9.13
Size : 75.2 KB
Open SR Intl Scheme Completion Certificate - issued 13.9.13

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File Name : Notice of Tower Ins Scheme Completion Certificate - issued 13.9.13
Size : 75.2 KB
Open Tower Ins Scheme Completion Certificate - issued 13.9.13

9 Nippon Insurance Company of Europe - Certificate of Completion (5 September 2013)

A Certificate of Completion has been issued by the Scheme Manager (PRO Insurance Solutions Limited) to Nippon Insurance Company of Europe.
See the Important Information for further details.

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File Name : Notice of Certificate of Completion - Nippon 5.9.13
Size : 75.1 KB
Open Certificate of Completion - Nippon 5.9.13

10 EAUA Pools Solvent Scheme Companies - Certificate of Completion (13 September 2013)

PRO Insurance Solutions Limited, acting as Scheme Manager, believes that the Schemes for the solvent Scheme Companies have been implemented in accordance with their terms and that the provisions of clauses 2 and 3 of the Schemes (regarding the valuation and payment of claims) have been complied with. It is therefore proposed that the Schemes will be declared complete on 13th September 2013 (the proposed "Completion Date").

Written Notice of Impending Completion has been sent to all Scheme Creditors which were entitled to receive a Valuation Statement pursuant to clause 2.7.1, informing them of the date on which it is proposed that the Schemes will be declared complete.

Details regarding the Insolvent Scheme Company 'English & American Insurance Company' and its impending completion will be communicated to its Scheme Creditors at a later date.

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File Name : Notice of Impending Completion 19072013
Size : 89.7 KB
Open Notice of Impending Completion 19072013

11 Re English & American Insurance Company Limited and Claim No. 1/A 22 of 2013 in the High Court of Justice of England & Wales

These documents relate to a claim form filed on 11 July 2013 by the Trustees of a trust declared on 29th May 2003 by Anthony James McMahon, Thomas Alexander Riddell and the Institute of London

Underwriters. The claim form is for a court order granting the Trustees additional powers pursuant to section 57 of the Trustee Act 1925. The hearing of this matter will take place on either 2 October 2013, 3 October 2013 or 4 October 2013 (the final date and time of the hearing have not yet been confirmed by the court). Further information about the hearing will be posted once known.

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File Name : EAIC - Direction Hearing Order
Size : 106 KB
Open EAIC - Direction Hearing Order

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File Name : EAIC - Issued Claim Form for Section 57 Application
Size : 217 KB
Open EAIC - Issued Claim Form for Section 57 Application

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File Name : EAIC - John Wardrop Exhibit
Size : 18.3 MB
Open EAIC - John Wardrop Exhibit

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File Name : EAIC - John Wardrop Witness Statement
Size : 747 KB
Open EAIC - John Wardrop Witness Statement

12 Nippon Insurance Company Limited - Notice of Impending Completion (11 July 2013)

PRO Insurance Solutions Limited, acting as Scheme Manager, believes that the Scheme for Nippon Insurance Company Limited has been implemented in accordance with their terms and that the provisions of clauses 2 and 3 of the Schemes (regarding the valuation and payment of claims) have been complied with. It is therefore proposed that the Scheme will be declared complete on 5th September 2013 (the proposed "Completion Date").

Written Notice of Impending Completion has been sent to all Scheme Creditors which were entitled to receive a Valuation Statement pursuant to clause 2.7.1, informing them of the date on which it is proposed that the Schemes will be declared complete.

Details regarding the remaining EAUA Pools Solvent Scheme Companies and the Insolvent Scheme Company 'English & American Insurance Company' and their impending completion will be communicated to their Scheme Creditors at a later date.

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File Name : Notice of Impending Completion 270710
Size : 87.3 KB

Open Notice of Impending Completion 270710


13 Re English & American Insurance Company Limited and Claim No. 1/A 22 of 2013 in the High Court of Justice of England & Wales

These documents relate to a court application filed on 13 May 2013 by the Trustees of a trust declared on 29th May 2003 by Anthony James McMahon, Thomas Alexander Riddell and the Institute of London Underwriters. The hearing of that application will be on 3 July 2013 at 11am.

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File Name : The First Witness Statement of Giles Allison, in support of the Directions Application
Size : 254 KB

EAIC - The First Witness Statement of Giles Allison in support of the Directions Application



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File Name : The First Witness Statement of John Mitchell Wardrop, in support of the Section 57 Application
Size : 1.35 MB

EAIC - The First Witness Statement of John Mitchell Wardrop in support of the Section 57 Application



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File Name : The opinion of the Trustees' counsel, which is an exhibit to Mr Wardrop's Statement
Size : 1.85 MB

EAIC - The opinion of the Trustees' counsel which is an exhibit to Mr Wardrop's Statement



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File Name : EAIC - Directions Application Draft Order
Size : 70.5 KB

EAIC - Directions Application Draft Order



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File Name : EAIC - Section 57 Application Draft Order
Size : 63.7 KB

EAIC - Section 57 Application Draft Order



14 English & American Insurance Company Limited (EAIC) Annual Report - 2011
Sent 12 December 2011

This report provides an update on EAIC's financial position and the progress made to date by the Scheme Administrators with regards to asset realisations and payments to creditors.

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File Name : English & American Annual Report 2011
Size : 177 KB

Open Annual Report to Creditors 2011



15 Notice of Scheme Effective Date (12 October 2010) and Bar Date (11 April 2011)
Sent 25 October 2010

This letter was sent to all EAUA Pools scheme creditors where PRO had an address, certain London market brokers, legal representatives and market bodies.

The letter gives notice that the proposed Schemes for the 16 EAUA Pools Scheme Companies for whom votes were taken at the 30 April 2010 Creditor Meetings were sanctioned by the High Court of Justice in England and Wales on 6 October 2010 and became effective and binding on the Scheme Companies and their Scheme Creditors on 12 October 2010 (the "Effective Date").

Scheme Creditors wishing to submit a Scheme Claim must submit their Claim Form via the Website or return their manual Claim Form to PRO by 17:00 hours (UK Time) on 11 April 2011 (the "Bar Date").

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File Name : EAUA Scheme Effective Letter
Size : 107 KB

Open EAUA Scheme Effective Letter



16 Scheme Effective Date and Bar Date (Advertisement)

This is a copy of the wording used for the advertisement placed in various news and insurance publications in certain territories of the world, in accordance with provisions of the Explanatory Statement and Scheme Document.

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File Name : EAUA Scheme Effective Advertisement
Size : 73 KB

Open EAUA Scheme Effective Advertisement

17 Chapter 15
 


The United States Bankruptcy Court has granted recognition to the Schemes of the 13 Solvent Scheme Companies which applied for Chapter 15 relief. The Chapter 15 order provides that the Schemes of such Scheme Companies are to be given full force and effect in the United States, and provides for a permanent injunction and related relief.

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File Name : Order Granting Recognition of Foreign Proceedings, Permanent Injunction and Related Relief
Size : 38 KB

Open Chapter 15 Order

The amendment to the permanent injunction in the English & American Insurance Company Limited Section 304 case has also been granted, giving full force and effect in the United States to the Amended Scheme of Arrangement between English & American Insurance Company Limited and its Scheme Creditors.

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File Name : Order Amending Permanent Injunction Order
Size : 17 KB

Open Amending Permanent Injunction Order

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File Name : Hearing re Motion Pursuant to Sections 105 and 304 to Modify Permanent Injunction Order
Size : 169 KB

Open Court Transcript

18 Filing and Hearings on Petitions Under Chapter 15

On 15 October 2010 PRO Insurance Solutions Limited, as the duly authorised foreign representative, commenced cases (the "Chapter 15 Cases") by filing Petitions pursuant to Chapter 15 of the Bankruptcy Code, with the United States Bankruptcy Court for the Southern District of New York, in respect of the following:

Baloise Insurance Ltd, City International Insurance Company Limited, Dowa Insurance Company (Europe) Limited, East West Insurance Company Limited, Fuji International Insurance Company Limited, Hiscox Insurance Company Limited, KX Reinsurance Company Limited, Metropolitan Reinsurance Company (U.K.) Limited, Moorgate Insurance Company Limited, Nippon Insurance Company of Europe Limited, Polygon Insurance Company Limited, Swiss Re International SE, UK Branch, and Tower Insurance Limited.

The Court has set a hearing date of 23 November 2010 , or such time as Counsel may be heard, before the Honorable James M. Peck in Room 601 of the Bankruptcy Court, One Bowling Green, New York, New York 10004-1408 to consider the Chapter 15 Petitions and the relief requested by the Petitioner.

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File Name : Chapter 15 Notice attachment for USA Creditors
Size : 128 KB

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19 English & American Insurance Company Limited modification of the Permanent Injunction Order

A hearing is scheduled for 23 November 2010 to consider the motion of the Scheme Administrators of English & American Insurance Company Limited for entry of an order (the "Amending Scheme Permanent Injunction Order") pursuant to 11 U.S.C. 105 and 304 modifying the Permanent Injunction Order entered by the Court on 31 January 1995 and previously amended on 26 July 2000 (the "Permanent Injunction Order"), and giving full force and effect in the United States to the Amended Scheme of Arrangement between English & American Insurance Company Limited and its Scheme Creditors.

The Court has set a hearing date of 23 November 2010 at 10:00am, or such other time as Counsel may be heard, before the Honorable James M. Peck in Room 601 of the Bankruptcy Court, One Bowling Green, New York, New York 10004-1408, to consider the motion of the Scheme Administrators.

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File Name : Section 304 Notice attachment for USA Creditors
Size : 106 KB

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20 Manual Claim Form and General Instructions for the Completion of Claim Forms

You can submit your claim in the EAUA Pools Scheme via the Secure part of this website, which can be accessed via the Home page. If you do not already have your Website Password and user name please contact the EAUA Pools Scheme helpline, details of which can be found on the Contacts page of this website. If you do not wish to submit your claim via the website, a Manual Claim Form, together with instructions for completion, can be downloaded via this link.

21 Manual Voting Form

Please note that due to the complexity of the EAUA Pools, we believe it will be much easier for you to enter details of your claims on the Voting Form on the Website following the instructions provided and Scheme creditors are encouraged to do so.

However, to view or download a Manual Voting Form, click here.

22 Location Map of venue for Meetings of Scheme Creditors
 


This document is a location map for the Meetings of Scheme Creditors to be held at Plaisterers' Hall, 1 London Wall, London EC2Y 5JU on Friday 30 April 2010.

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File Name : Location Map of venue for Meetings of Scheme Creditors
Size : 84 KB

Open Location Map



23 Cover Letter and Notice of Meetings of Scheme Creditors
  Sent: 8 February 2010

This letter was sent to all EAUA Pools scheme creditors where PRO has an address, certain London market brokers, legal representatives and market bodies.

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File Name : Cover Letter and Notice of Meetings of Scheme Creditors
Size : 1,213 KB

Open Cover Letter and Notice of Meetings of Scheme Creditors

24 Notice of Scheme Meetings (Advertisement)

This is a copy of the wording used for the advertisement placed in various news and insurance publications in certain territories of the world giving notice of impending Scheme Meetings, in accordance with provisions of the Explanatory Statement and Scheme Document.
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File Name : NOTICE OF MEETINGS ADVERTISEMENT
Size : 76 KB

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25 Explanatory Statement and Scheme Document

This document includes the Explanatory Statement and the Scheme Document with the associated schedules and appendices, including but not limited to:

Explanatory Statement:

History of the EAUA Pools and a summary of the business to be included in the Scheme;
Draft Voting and Proxy Forms;
Scope of the Scheme.

Scheme Document:

Estimation Methodology;
Draft Claim Form;
Draft Valuation Statement.

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File Name : Explanatory Statement and Scheme Document
Size : 1,698 KB

Open Explanatory Statement and Scheme Document 


26 CV for the Scheme Manager

This document is the Curriculum Vitae for PRO Insurance Solutions Limited, the Scheme Manager.

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File Name : PRO EAUA CV
Size : 72 KB

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27 CV for the Scheme Chairman

This document is the Curriculum Vitae for Ian Marshall, the Scheme Chairman.

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File Name : Scheme Chairman CV
Size : 17 KB

Open Scheme Chairman Curriculum Vitae 



28 CV for the Scheme Adjudicator

This document is the Curriculum Vitae for Colin J W Czapiewski, the Scheme Adjudicator

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File Name : Scheme Adjudicator Curriculum Vitae
Size : 91 KB

Open Scheme Adjudicator Curriculum Vitae 



29 CV for the Scheme Actuary

This document is the Curriculum Vitae for Philip Tippin, the Scheme Actuary.

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File Name : Scheme Actuary Curriculum Vitae
Size : 205 KB

Open Scheme Actuary Curriculum Vitae 


30 UK Employers Liability ( EL ) Business
 

Any EL Scheme Creditor who wishes to review a specimen of the policy wording in respect of the Replacement Insurance referred to in Appendix F (the Deed Poll) of the Scheme Document, should contact the Scheme Manager for a copy at pro_eauapools@pro-ltd.co.uk


31 English & American Insurance Company Limited (EAIC) Annual Report 2009
  Sent: 26th November 2009

This report provides an update on EAIC's financial position and the progress made to date by the Scheme Administrators with regards to asset realisations and payments to creditors. This report also provides important information regarding the Scheme Administrators' plans to close the estate (through the proposed Scheme of Arrangement for the EAUA Pools) and make final, or near final, payments to creditors.

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File Name : Annual report to creditors 2009
Size : 182 KB

Open Annual Report to Creditors 2009


For previous annual reports please contact the Scheme Administrator.


32 The Home Insurance Company (In Liquidation) Claims Procedure Order

This document is the order establishing procedures regarding claims filed with The Home Insurance Company (In Liquidation).

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File Name : Home Claims Procedure Order
Size : 1,645 KB

Open Home Claims Procedure Order 


33 Practice Statement Letter (‘PSL’)
  Sent: 15th October 2009

This letter was sent to all EAUA Pools scheme creditors where PRO had an address, certain London market brokers, legal representatives and market bodies.

The PSL gives notice to scheme creditors of the intentions of the Scheme Companies to formally propose Schemes of Arrangement for their EAUA pools business, and non-EAUA pools business where appropriate, including their proposed application to the High Court of Justice for permission to convene the necessary meetings of creditors. The letter details the Scheme Companies’ proposals for the constitution of creditor classes, for voting purposes, that will be put forward to the court.

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File Name : PSL Circular
Size : 197 KB

Open Practice Statement Letter 


34 Pre Practice Statement Letter (‘PPSL’)
  Sent: 8th January 2009

This letter was sent to the top 500 EAUA Pools policyholders, certain London market brokers and market bodies where PRO has an address. The letter advised the market that a proposed Scheme of Arrangement is being considered for the EAUA pools.

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File Name : Pre PSL Circular
Size : 406 KB

Open Pre Practice Statement Letter


35 English & American Insurance Company Limited (EAIC) Amending Scheme of Arrangement (1st June 2000)
 


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File Name : EAIC Amending Scheme of Arrangement
Size : 3,290 KB

Open Amending Scheme of Arrangement

These documents require Adobe Acrobat Reader software to run, should you require this software it is available as a link on the IT Technical FAQs tab under the FAQs section.

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