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(From Reinsurance)
By Isobel McCalman.
$1.12bn for Sompo
Sompo Japan Insurance has been awarded $1.12bn for claims related to the 11 September 2001 attack and the November 2001 crash of an American Airlines plane, by an arbitration panel. The panel decided against Fortress Re, the reinsurance pool manager which, prior to November 2001, had reinsured close to 40% of the worldwide airline aviation insurance market.
The arbitration award concluded that Fortress Re had defrauded Sompo by misrepresenting pool underwriting results and failing to disclose material facts in its accounting for financial reinsurance. The panel also held that Fortress Re fraudulently transferred hundreds of millions of dollars in dividends and fictitious profits ceded to Carolina Reinsurance Company - a Bermudian reinsurance company owned by Fortress Re principals that is in liquidation proceedings in Bermuda.
The risk pool is now in run-off having collapsed amid claims after 11 September and the 12 November crash. The pool's members were Nissan Aioi Insurance Co and Taisei Fire & Marine Insurance.
In its ruling, the panel awarded Sompo $1.01bn in compensatory damages, the return of Sompo assets in escrow formerly held by Fortress Re in the amount of $10.6m and punitive damages and attorneys' fees in the amount of 100m.