Gable Insurance AG in liquidation
Newsletter No. 6
What is the outcome of the General Review Hearing on 12 December 2018?
The first court hearing (General Review Hearing) in the bankruptcy proceedings of Gable Insurance AG i.K. took place before the Princely Court in Vaduz on 12 December 2018. The Trustee in Bankruptcy declared the correctness and order of precedence of the 165 registered (non-privileged) bankruptcy claims (classes 1 to 4), totalling CHF 24.2 million. The Trustee in Bankruptcy acknowledged 65 claims totalling CHF 13.3 million and disputed 100 claims totalling CHF 10.9 million. The Princely Court has recorded the result of the review hearing in the register of claims.
So far, some 14,000 (privileged) insurance claims have been registered. The Trustee in Bankruptcy has already examined around 5,000 of these. In this context, it is worth noting that the two claims registered by the national guarantee schemes in England and Denmark represent a total of approximately 50,000 claims, all of which have been examined. The total claims amount to approximately CHF 410 million. These insurance claims were not dealt with on 12 December 2018. So the Trustee in Bankruptcy has not made a decision regarding these claims yet.
When will the insurance claims be dealt with? What happens next in the bankruptcy proceedings?
This question cannot be answered yet. The General Review Hearing has been extended indefinitely for the time being.
In the meantime, the Trustee in Bankruptcy is continuing the review process with regard to the approximately 9,000 insurance claims that are not yet examined. The processing of the reported claims (currently around 7,500) continues within the normal framework alongside this.
How will creditors be informed of the outcome of the General Review Hearing on 12 December 2018?
The Princely Court shall notify in writing those creditors whose claims against the estate of the bankrupt company (class 1 to 4) were disputed on 12 December 2018.
Creditors whose bankruptcy claims (classes 1 to 4) were acknowledged on 12 December 2018 and creditors who have filed privileged insurance claims will not be notified. However, all declared creditors have the option of accessing the Trustee in Bankruptcy’s reports and the register of claims by inspecting the files at the Princely Court.
The Trustee in Bankruptcy will submit the next detailed report to the court at the beginning of 2019. A summary of this report will be published on the Gable Insurance AG i.K. website.
What bankruptcy dividend can I expect and when will this be paid out to the creditors?
The amount of the dividend cannot be estimated at the present time. Both the assets and liabilities are and remain in motion. The development of the thousands of claims has a major impact on the amount of liabilities to creditors on the one hand and constantly changes the asset status due to possible receipts of reinsurance payments on the other hand.
The creditors cannot expect a (partial) payout until further notice. This is only conceivable once the major claims settlement work has been completed. It is currently not foreseeable when this point in time may be reached.
Registering premium refunds
In conjunction with the deadline for registering your claims of 1 September 2018, we take this opportunity to inform all former insured persons who could be entitled to claim a “pro rata temporis” refund of their paid premiums as follows:
No automatic registration of claims
Pursuant to Art. 161 Para. 5 of the Liechtenstein Insurance Supervision Act, (“VersAG”), insurance claims that are ascertainable in the financial records of the insurance company are considered to have been registered.
We herewith draw your attention to the fact that no claims of insured persons are properly ascertainable in the financial records of Gable Insurance AG in bankruptcy. For this reason, in particular, it is not possible to register premium refunds automatically.
We therefore kindly ask you to register your premium refunds together with the necessary documented evidence (at your own initiative) directly using the electronic form. In this conjunction, please note the instructions that are contained in the form.
In order to prevent mistakes being made when calculating the premium refund, we also remind you that your insurance contract was dissolved by law on 16 December 2016. This means 16 December 2016 is the effective date for calculating the share of the premium that you may be entitled to reclaim.
Data Protection Declaration Gable Insurance AG in bankruptcy
We are pleased to inform you about the following changes in relation to the new General Data Protection Regulation:
- Data Protection Declaration
The Data Protection Declaration of Gable Insurance AG in bankruptcy has been amended. With this Declaration we wish to provide you with an overview of the processing of your data and your rights in accordance with the provisions of the General Data Protection Regulation (“GDPR”) and the Liechtenstein Data Protection Act (Datenschutzgesetz – “DSG”). You will find the Data Protection Declaration under https://gableinsurance.li/datenschutz/.
We would like to keep you updated on the progress of the bankruptcy proceedings as well as current developments in the form of a Newsletter. In order to enable you (to continue) to receive the Newsletter, a (renewed) registration is necessary.
You may revoke this registration at any time. Complete associated information is set out in our Data Protection Declaration.
Interim report of the liquidator (as at 31 December 2017)
The liquidator has prepared a first interim report on the progress made so far in the bankruptcy proceedings of Gable Insurance AG. The report is now available in German, English, French and Italian on our website www.gableinsurance.li for viewing and downloading.
The liquidator thus fulfils its obligation according to the Insurance Supervision Act, whereby policyholders and other creditors must be regularly kept updated about the bankruptcy proceedings. Further interim reports will be uploaded in due course on the aforementioned website.
With kind regards
BATLINER WANGER BATLINER Attorneys at Law AG
as liquidator of Gable Insurance AG in liquidation
Extension of the time-limit for the registration of claims
Dear Sir or Madam,
At the request of the trustee in bankruptcy of Gable Insurance AG in bankruptcy, the Princely Court of Justice has extended the time-limit for the registration of the creditors’ claims, which was originally set for 01 Sep 2017. Now, creditors may register their claims with the trustee in bankruptcy until 1 September 2018; registration at a later date is possible in principle, but subject to the bearing of any additional costs caused by such late registration.
At the same time, the Princely Court of Justice has moved the date for the general review hearing. It will now take place on 12 December 2018.
For all further details, please refer to the order of the Princely Court of Justice, which can be retrieved from this website.
We have been regularly asked to answer various questions in the course of our activities so far as Trustee in Bankruptcy of Gable Insurance AG in bankruptcy.
We have now compiled the most important and frequent questions in a revised catalogue of questions and answers. We have listed questions concerning policyholders and other creditors in separate catalogues.
You can find this information in German, English, French and Italian on our website www.gableinsurance.li.
We would also like to inform you about the possible benefits and contact details of the various national guarantee funds in Europe. We have created a summary table for this purpose which is now available on our website.
Should you have any further questions that are not answered by the aforementioned information sheets, particularly questions regarding individual concerns, please contact us by e-mail to firstname.lastname@example.org.
File a claim form online
Further to our communication concerning the notification of your claim against Gable Insurance AG in bankruptcy we would like to inform you as follows:
- For registering a claim based upon an insurance contract (e.g. premium refund or damage claim) please use the following form: http://gableinsurance.li/file-a-claim/
- Please be informed that in the event of a non adjusted damage claim we would like to ask you to contact your broker in order to get assistance regarding claims notification and/or claims handling.
- In respect of existing claims, policyholders must continue to liaise with their brokers and/or Gable AG claims handling agent/representative.
- ENSTAR (EU) Limited (“ENSTAR”) has been appointed as Gable AG’s overall run-off manager. Thus, in the event that no other claims representative has been appointed, policyholders may contact ENSTAR at Gable.Claims@enstargroup.com.
- For registering a claim which is not based upon an insurance contract (e.g. Claims of Brokers or any third parties) please use the following form: http://gableinsurance.li/file-a-claim-non-policyholders/
The forms are now available on our web-site www.gableinsurance.li . Many thanks for your most appreciated cooperation.
Appointment of Enstar (EU) Limited as Run-Off Manager
Following the Liechtenstein Princely Court’s appointment of BATLINER WANGER BATLINER Rechtsanwälte AG as liquidator of Gable Insurance AG, the liquidator has appointed Enstar (EU) Limited as Run-Off Manager for Gable Insurance AG with effect from 16 December 2016.
As Run-Off Manager, Enstar (EU) Limited is responsible for all Claims Management and Technical Operations of Gable Insurance AG. For further information about Enstar’s appointment, you can contact Enstar at Gable.Claims@enstargroup.com.
About the Enstar Group
Enstar (EU) Limited is part of the Enstar Group, a multi-faceted insurance group that offers innovative capital release solutions and specialty underwriting capabilities through its network of group companies in Bermuda, the United States, the United Kingdom, Continental Europe, Australia, and other international locations. Enstar is a market leader in completing legacy acquisitions, having acquired over 75 companies and portfolios since its formation in 2001. Enstar’s active underwriting businesses include the StarStone group of companies, an A- rated global specialty insurance group with multiple global underwriting platforms, and the Atrium group of companies, which manage and underwrite specialist insurance and reinsurance business for Lloyd’s Syndicate 609. For further information about Enstar, see www.enstargroup.com.
Order of the Princely Court of Justice dated 17 Nov 2016
By order of the Princely Court of Justice dated 17 Nov 2016, bankruptcy proceedings were opened on the assets of Gable Insurance AG, Bergstrasse 10, 9490 Vaduz (registration no.: FL-0002.161.375-6).
The law firm of BATLINER WANGER BATLINER Rechtsanwälte AG, Am Schrägen Weg 2, 9490 Vaduz, was appointed as the trustee in bankruptcy. It is the duty of the trustee in bankruptcy to ascertain, collect, and secure the assets and to determine the debts. In particular, the trustee in bankruptcy reviews the registered claims. More detailed information on this can be found in the Edict on the Opening of Bankruptcy Proceedings and in the Deed of Appointment. Both are available for download.
The present bankruptcy proceedings are subject to the Liechtenstein Konkursordnung (KO, Bankruptcy Act) and the Liechtenstein Versicherungsaufsichtsgesetz (VersAG, Act on Insurance Supervision). The opening of bankruptcy proceedings has deprived Gable Insurance AG of the capacity to freely dispose of its assets. As from that time, any legal acts carried out by Gable Insurance AG that concern the bankrupt’s estate are ineffective with regard to the bankrupt’s creditors. The opening of bankruptcy proceedings causes the permit to work as an insurance company to be withdrawn. As a result of the withdrawal of that permit, every policy holder has the right to terminate the insurance contract with Gable Insurance AG immediately. If this right of termination is not exercised, the insurance contract expires four weeks after the fact of the opening of bankruptcy proceedings was published on 18 Nov 2016. This means that the insurance contracts will expire on 16 Dec 2016 at the latest.
The creditors of the bankrupt must register their claims with the trustee in bankruptcy until 01 Sep 2017. Registration at a later date is possible, but the creditor will then have to bear any additional costs caused by this and will be unable to contest any claims that have been reviewed before. Policy holders whose insurance claims are evident from the books of Gable Insurance AG need not register their claims because their claims are already deemed to have been registered. Registration is nevertheless possible, and is in fact expressly welcomed by the trustee in bankruptcy.
Please use the form available on this website in due course to register your claims.