Site updated Jan. 26, 2012
Rehabilitator Comments on Filing
by Ambac Financial Group
MADISON, WI, September 27, 2011 -- The Rehabilitator of the Segregated Account (Segregated Account) of Ambac Assurance Corporation (AAC) acknowledges the Form 8-K filed today by Ambac Financial Group, Inc. (AFGI), regarding the Mediation Agreement entered into on September 21, 2011 among AFGI, AAC, the Segregated Account, the Wisconsin Office of the Commissioner of Insurance (OCI), the Rehabilitator, and the Official Committee of Unsecured Creditors of Ambac Financial Group, Inc. (the Creditors Committee).
Subject to satisfaction of all required conditions, the Mediation Agreement resolves all outstanding tax and expense-related issues between AFGI and AAC, and provides an unconditional, full and complete release of all claims that AFGI and the members of the Creditors Committee may have against OCI, the Rehabilitator, AAC and the Segregated Account. The Form 8-K summarizes the terms and conditions of Mediation Agreement, and is accessible at http://ir.ambac.com/phoenix.zhtml?c=80774&p=irol-sec.
As set forth in the Mediation Agreement, within 30 days of the filing of AFGI’s First Amended Plan of Reorganization in the bankruptcy court, the Rehabilitator will file a motion in the Dane County Wisconsin Circuit Court to obtain the Court’s approval of the transactions contemplated by the Mediation Agreement. The terms and conditions of the Mediation Agreement, and its benefits for policyholders and creditors of the Segregated Account, will be explained in greater detail in the Rehabilitator’s motion for approval.
Rehabilitator Comments on Agreement
with Ambac Financial Group
MADISON, WI, September 21, 2011 -- The Rehabilitator of the Segregated Account of Ambac Assurance Corporation (AAC) is pleased that a negotiated settlement has been achieved between and among Ambac Financial Group (AFG), the Rehabilitator, the Office of the Commissioner of Insurance for the State of Wisconsin, the Official Creditors Committee of AFG, and AAC. The Rehabilitator recognizes the advantages of reducing uncertainty and avoiding unnecessary litigation, as achieved by this settlement. It further allows the Rehabilitator to remain focused on the rehabilitation of the Segregated Account of AAC.
Rehabilitator Comments on AFGI’s
Postponement of its Bankruptcy Hearing
MADISON, WI, July 29, 2011 – The Office of the Commissioner of Insurance, as Rehabilitator of the Segregated Account of Ambac Assurance Corporation (AAC) acknowledges recent decisions by Ambac Financial Group, Inc. (AFGI) to postpone the hearing in the U.S. Bankruptcy Court for the Southern District of New York on the adequacy of its Disclosure Statement until September 8, 2011 and to extend the deadline for solicitation of votes on its Plan of Reorganization until October 25, 2011.
AFGI’s court filings on July 25 and 26, 2011, cite the need to provide more time for negotiations of disputed issues and a related mediation among AFGI, certain of its creditors, AAC as AFGI’s principal operating subsidiary, and the Rehabilitator of the Segregated Account, which primarily involve the allocation of net operating losses (NOLs) as between AFGI and AAC. Postponing the bankruptcy court deadlines also provides additional time for the Rehabilitator’s recently-retained advisor, PricewaterhouseCoopers, to better analyze and provide guidance to the Rehabilitator regarding certain complex tax issues relevant to the Segregated Account rehabilitation.
The Rehabilitator wishes to emphasize that, as noted in paragraph 11 of the AFGI court filing, the $2 million paid by AAC in conjunction with the postponement of the AFGI bankruptcy hearing was a contribution by AAC towards the litigation costs AFGI has incurred in connection with the pending adversary proceeding against the IRS and can be offset against future settlements with AFGI. AAC will benefit directly from a successful outcome in that case against the IRS.
The Rehabilitator remains vigilant about protecting the interests of Segregated Account policyholders.
Rehabilitator Comments on AFGI
Proposed Plan of Reorganization
MADISON, WI, July 7, 2011 – The Rehabilitator of the Segregated Account of Ambac Assurance Corporation does not believe that the reorganization plan proposed by Ambac Financial Group, Inc. (“AFGI”) is in the best interests of policyholders of the Segregated Account, or for that matter, those of the AFGI creditors. The Rehabilitator engaged in discussions for several months with AFGI and its bankruptcy Creditors Committee to see if mutually agreeable terms could be arrived at for equitably allocating net-operating-loss tax attributes and certain other resources between AFGI, Ambac Assurance Corp. and the Segregated Account. The Rehabilitator’s objectives in those discussions have been to protect the interests of and maximize value for policyholders and policy beneficiaries of the Segregated Account.
Despite the Rehabilitator’s best efforts to facilitate a fair resolution of issues, the parties reached an impasse. AFGI, pushed by its creditors, has filed a proposed bankruptcy plan of reorganization to restructure the debt of AFGI on terms which are inconsistent with the consensual direction of the recent negotiations with the Rehabilitator. The AFGI plan proposes to employ litigation to try to divert value from the Segregated Account. The Rehabilitator will vigorously contest that litigation.
OCI Submits Application for Engagement of Roger A. Peterson as Special Deputy Commissioner
MADISON, WI, June 10, 2011 – The Office of the Commissioner of Insurance has submitted an application to the Circuit Court for Dane County in Wisconsin, to approve the engagement of Roger A. Peterson as Special Deputy Commissioner for the Segregated Account of Ambac Assurance Corporation.
The application states that under a consulting agreement reached between Mr. Peterson and Theodore K. Nickel, Commissioner of Insurance, Mr. Peterson will resign his position as the Deputy Administrator of the Division of Regulation and Enforcement at OCI and move to New York to devote his full-time professional efforts and time to the performance of the Special Deputy Commissioner of the Segregated Account. The agreement is subject to approval from the Court.
Over the course of the Rehabilitation process, which commenced on March 24, 2010, it has become increasingly evident to Commissioner Nickel and OCI that the role of Special Deputy Commissioner in a rehabilitation process of this magnitude and complexity demands a person working full-time on matters pertaining to the Segregated Account and who can be regularly on-site in the insurer’s offices in New York.
Earlier this year, Commissioner Nickel concluded that one person at OCI could no longer occupy a dual role of supervising regulatory duties on matters unrelated to Ambac in Wisconsin and also as Special Deputy Commissioner for the Segregated Account. Commissioner Nickel concluded that it was necessary to engage an independent contractor to serve full-time in the role of Special Deputy Commissioner who would be based on-site in New York. In this role, Mr. Peterson will report to the Rehabilitator and will be subject to the authority of the Rehabilitator.
The application cites Mr. Peterson’s two decades of experience in the financial examination of insurers and his proven ability to address the unique and complex challenges posed by this rehabilitation. He has been directly involved in assessing and addressing Ambac’s financial situation since its long-term outlook began to deteriorate in late 2007 and early 2008.
The application was filed in Circuit Court on June 8, 2011.
Rehabilitator Files Report on Segregated Account
MADISON, WI, June 1, 2011 – The Rehabilitator of the Segregated Account of Ambac Assurance Corporation today filed a report on the Rehabilitation of the Segregated Account to the Circuit Court for Dane County in Wisconsin, the Honorable William D. Johnston presiding. The report advises the Court and all interested parties on the current status of the Plan of Rehabilitation, which was confirmed by the Court on January 24, 2011. The report also summarizes and describes certain developments in the rehabilitation proceeding since March 24, 2010.
Notice from the Rehabilitator
MADISON, WI, May 31, 2011 – As previously noted on this site, the Rehabilitator of the Segregated Account of Ambac Assurance Corporation is evaluating certain tax and litigation issues and current claims development information with respect to the confirmed Plan of Rehabilitation, the timing of making it effective, and the possibility of modifications. While that assessment continues, the Rehabilitator expects that the legal challenges to the confirmed Plan will proceed as presently scheduled before the Wisconsin Court of Appeals. The Rehabilitator is proceeding accordingly.
Plan of Rehabilitation
Plan of Rehabilitation (As confirmed January 24, 2011)
- Exhibit A: Form of Fiscal Agency Agreement (As confirmed January 24, 2011)
- Exhibit B: Form of Surplus Note (As confirmed January 24, 2011)
- Exhibit C: Proof of Policy Claim Form (As filed February 18, 2011)
- Exhibit D: Form of Junior Surplus Note
Guidelines Under Plan of Rehabilitation
Claims Processing (As filed February 18, 2011)
Ceded Reinsurance (As of March 17, 2011)
Disclosure Statement
Disclosure Statement (As filed October 8, 2010)
- Corporate Organizational Chart
- Risk Classifications
- Discussion of the Rehabilitator's Projections, Assumptions and Methodologies
Amendment No. 1 to Disclosure Statement (As filed October 21, 2010)
- Projected Financial and Operating Results Associated with Scenario One (revised Oct. 21, 2010)
- Projected Financial and Operating Results Associated with Scenario Two (revised Oct. 21, 2010)
- Projected Financial and Operating Results Associated with Scenario Three (revised Oct. 21, 2010)
- Projected Financial and Operating Results Associated with Scenario Four (revised Oct. 21, 2010)
Amendment No. 2 to Disclosure Statement (As filed November 12, 2010)
Key Documents (As identified in the Disclosure Statement filed October 8, 2010)
List of Policy and CUSIP Numbers Allocated to the Segregated Account as of October 8, 2010
Plan of Operation for the Segregated Account
Management Services Agreement (Exhibit A to the Plan of Operation)
Cooperation Agreement (Exhibit B to the Plan of Operation)
Secured Note (Exhibit G to the Plan of Operation)
Aggregate Excess Loss of Reinsurance Agreement (Exhibit H to the Plan of Operation)
Order for Temporary Injunctive Relief
Quarterly Statement of the Segregated Account as of and for the three months ended March 31, 2010
Quarterly Statement of the Segregated Account as of and for the six months ended June 30, 2010
Audited Statutory Financial Statements of AAC as of and for the year ended December 31, 2009
Annual Statement of AAC as of and for the year ended December 31, 2009
Quarterly Statement of AAC as of and for the three months ended March 31, 2010
Quarterly Statement of AAC as of and for the six months ended June 30, 2010

