Petitions to Transfer Business
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
COMPANIES COURT
CR-2016-006917
IN THE MATTER OF
MARKEL INTERNATIONAL INSURANCE COMPANY LIMITED
(and formerly Terra Nova Insurance Company Limited)
AND
RIVERSTONE INSURANCE (UK) LIMITED
AND
IN THE MATTER OF PART VII OF THE FINANCIAL SERVICES AND MARKETS ACT 2000
TRANSFER OF INSURANCE BUSINESS
NOTICE IS HEREBY GIVEN that, by application dated 17 November 2016, Markel International Insurance Company Limited (the "Transferor"), applied to the High Court of Justice of England and Wales, for amongst other things, an order under Section 111(1) of the Financial Services & Markets Act 2000 (the "Act") sanctioning an insurance business transfer scheme (the "Scheme") providing for the transfer of insurance business (comprising policies, assets and liabilities) to RiverStone Insurance (UK) Limited (the "Transferee") and for an order making provision under Section 112 of the Act.
The business included in the proposed transfer comprises substantially all of the insurance and reinsurance business underwritten or assumed (in whole or in part) by the Transferor and which incepted between 1970 and 1992 (inclusive). The Scheme excludes inwards quota share reinsurance agreements entered into between the Transferor as reinsurer and Highlands Insurance Company Limited as reinsured (during the period 1981 to 1985 inclusive).
If you are in any doubt as to whether your insurance policy is included in the proposed transfer please contact either the Transferor or the Transferee, contact details of each are set out below.
Copies of a report on the terms of the Scheme prepared by an independent expert in accordance with section 109 of the Act (the “Scheme Report”) and copies of a statement setting out the terms of the Scheme and containing a summary of the Scheme Report may be obtained, free of charge, by contacting RiverStone Insurance (UK) Limited, F.A.O. Fraser Henry, Park Gate, 161-163 Preston Road, Brighton, BN1 6AU or Markel International Insurance Company Limited, F.A.O. Henry Gardener, Head of Legal & Regulatory Affairs, 20 Fenchurch Street, London, EC3M 3AZ or may be downloaded from the website www.markelriverstonetransfer.co.uk
Anyone who has questions regarding the proposed transfer or who requires any further information regarding the transfer may wish to contact the following telephone numbers, email addresses and postal addresses for assistance:
Transferee Contact Details:
+44 (0) 1273 792 475 or email terranovatransfer@rsml.co.uk (please mark in the subject header "The Terra Nova Transfer") or write to RiverStone Insurance (UK) Limited, F.A.O. Fraser Henry, Park Gate, 161-163 Preston Road, Brighton, BN1 6AU
Transferor Contact Details:
+44 (0)20 7953 6698 or email terranovatransfer@markelintl.com (please mark in the subject header "The RiverStone Transfer") or write to Markel International Insurance Company Limited, F.A.O. Henry Gardener, Head of Legal & Regulatory Affairs, 20 Fenchurch Street, London, EC3M 3AZ
The application will be heard on Thursday 23 March 2017 before a Judge of the Chancery Division of the High Court at 7 Rolls Building, Fetter Lane, London, EC4A 1NL, United Kingdom.
Any person (including an employee of the Transferor or the Transferee) who alleges that he or she would be adversely affected by the carrying out of the Scheme a) can make a representation by contacting the Transferor or Transferee through calling, emailing or writing to them via the contact details above; b) is entitled to:
(i) appear at the hearing and make representations in person;
(ii) instruct a barrister or solicitor advocate to appear at the hearing and make representations on his/her behalf; or
(iii) make representations in writing.
If you intend to appear at the hearing in person, or to instruct someone to appear on your behalf, you are requested to give notice of your intention to do so in writing, setting out the reasons why you believe you may be adversely affected.
You are requested to send such notice, or if you are not intending to appear in person or by your legal representative, any written representations that you may have, to the addresses of the Transferor or Transferee provided above or to Berwin Leighton Paisner LLP, Adelaide House, London Bridge, London, EC4R 9HA (ref: Geraldine Quirk). Please provide such notice or such written representations by close of business on Thursday 16 March 2017.
If the Scheme is sanctioned by the Court, it will result in the transfer of all the contracts, property, assets and liabilities, within its scope, of the Transferor to the Transferee; notwithstanding that a person would otherwise be entitled to terminate, modify, acquire or claim an interest or right or to treat an interest or right as terminated or modified in respect thereof. Any such right will only be enforceable to the extent the order of the Court makes provision to that effect.
Berwin Leighton Paisner LLP, Adelaide House, London Bridge, London, EC4R 9HA
Solicitors to the Transferor and the Transferee (Ref: Geraldine Quirk)