On 26th October 2016, the Supreme Court of Gibraltar made an order winding-up Enterprise Insurance Company Plc (in Liquidation) ("the Company") and appointed Frederick David John White to act as the Company's liquidator ("the Liquidator").
The Liquidator's Contact details are as follows:
Frederick David John White
Grant Thornton Limited
P.O Box 64
|IMPORTANT PRIVACY NOTICE - PLEASE READ|
Communication from the Liquidator of Enterprise Insurance Company plc on 17th July 2017
I was appointed liquidator of Enterprise Insurance Company Plc ("the Company") by Order of the Supreme Court of Gibraltar dated 26th October 2016 ("the Order").
A copy of the Order is included on this website. The Order was made following an application to the Supreme Court of Gibraltar by the Gibraltar Financial Services Commission ("GFSC") on the grounds that the Company is insolvent.
The GFSC has determined under section 150(1) of the Financial Services (Insurance Companies) (Solvency II Directive) Act that the opening up of winding up proceedings commenced with effect from the date of the Order namely 26th October 2016 and has taken necessary steps to inform the supervisory authorities of all Member States of its decision to open up winding up proceedings in accordance with section 157(1).
Consequent on the decision by the GFSC to open up winding up proceedings, the authorisation of the Company as an insurer has been withdrawn in accordance with the provisions of section 156(1) of the Financial Services (Insurance Companies) (Solvency II Directive) Act and the procedure laid down by section 106 of the Insurance Companies Act (as amended).
Under section 156(2) and 156(3) of the Financial Services (Insurance Companies) (Solvency II Directive) Act, I am permitted to pursue activities of the insurance undertaking so far as is necessary or appropriate for the purpose of the winding up provided that any such activities are pursued with the consent and under the supervision of the GFSC.
I have written to all policyholders to notify them of the commencement of winding up proceedings and provide them with the information required by Section 158 of the Financial Services (Insurance Companies) Solvency II Directive) Act. A copy of that letter and notice is included on this website.
I have also written to known creditors of the Company and a copy of that letter is included on this website.
Given the nature and circumstances of the liquidation and the assets and liabilities of the company, I considered it was not practical or necessary for a first meeting of creditors to be held. Given the circumstances, the Court also dispensed with the requirement for me to send out claim forms to creditors at this juncture. There is therefore currently no time limit for the filing of claims in the liquidation by creditors. Notice of my decision not to hold a meeting under section 174 is published on the Company website and was advertised in the Gibraltar Gazette in accordance with the Order.
I will continue to administer and adjudicate on claims arising from insurance policies underwritten by the Company to establish the claims and quantum of such claims that may properly be admitted as insurance claims in the liquidation.
I am in contact with the compensation schemes in the various countries in which Enterprise wrote business to coordinate with them the processes by which eligible claims may be paid from the schemes.
I am making arrangements for claims managers to continue to administer, process and agree the residual claims for admission as insurance claims and for submission to compensation schemes as applicable. Policyholders should continue to notify claims in accordance with the instructions included on this website.
Disclaimer of Policies
I have disclaimed all and any motor insurance contracts issued in the United Kingdom, Republic of Ireland, France, Italy and Greece under which the Company is an insurer with effect from 0:00 Hours on 27th October 2016.
I have also disclaimed all and any teacher absence contracts issued in the United Kingdom under which the Company is an insurer with effect from 0:00 Hours on 27th October 2016.
On 14th December 2016 I disclaimed all contracts placed by the broker Motorway Direct plc with the Company as insurer. Motorway Direct plc has arranged alternative cover for its clients and will have written to them regarding this.
On 14th December I also disclaimed all contracts placed by the broker NCI Vehicle Rescue plc with the Company as insurer. NCI Vehicle Rescue plc has arranged alternative cover for its clients and will have written to them regarding this.
On 3rd January 2017 I disclaimed all furniture care insurance policies for 2 or 3 year structural defect and accidental damage cover placed by the broker Kainos Associates LLP with the Company as insurer. Kainos Associates LLP has arranged alternative cover for its clients and will have written to them regarding this.
On 27th June 2017 I disclaimed all remaining policies for solicitor's professional indemnity insurance. Solicitors affected by this disclaimer have been notified by letter and email.
Copies of the Notices of Disclaimer sealed by the Supreme Court of Gibraltar are included on this website.
The disclaimers do not affect claims which have arisen under a contract of insurance underwritten by the Company prior to the date of disclaimer. Following the disclaimer claims cannot be made under a disclaimed policy.
Any queries from policy holders or others may be directed to email@example.com
On 11th January 2017 I disclaimed the claims administration and service agreement entered into between the Company and Claims Consulting Solutions Limited dated 25th September 2015.
A copy of the Notice of Disclaimer sealed by the Supreme Court of Gibraltar is included on this website.
Enterprise Insurance Company plc
Policyholders in the United Kingdom
All motor insurance policyholders with claims arising should notify such claims to Gallagher Bassett at the address below:
Gallagher Bassett International Limited
PO Box 21522
Tel: 01786 455870
Solicitors with claims arising under policies of professional indemnity insurance arising either prior to the date of expiry of their policy or prior to 27th June 2017 the date any remaining policies were disclaimed should report such claims to:
52-54 Gracechurch Street
London EC3V OEH
Tel: 207 015 8670
Solicitors holding policies terminated by the disclaimer and wishing to make a claim for return of premium should also contact Rebecca Neill.
Other policyholders with claims arising should report such claims in accordance with the instructions included in their policy documents.
The Financial Services Compensation Scheme ("FSCS") has worked closely with me to facilitate the process whereby eligible policyholders may claim upon the compensation scheme.
Information regarding the Financial Services Compensation Scheme may be obtained at the FSCS website www.fscs.org.uk
Policyholders in Italy
Valid claims are being processed in accordance with Italian regulations.
All motor insurance policyholders with claims arising should notify such claims to the Fondo di Garanzia per le Vittime della Strada in accordance with instructions on the CONSAP website at the following address:
Policyholders in France
AVIS IMPORTANT DE CONFIDENTIALITE - VEUILLEZ LIRE ATTENTIVEMENT
|Dec 21, 2018|
Policyholders in Greece
All motor insurance policyholders with claims arising should notify such claims to Enterprise Insurance Company plc in liquidation at the address below:
Enterprise Insurance Company plc in liquidation
P.O. Box PR 79102
Tel: 0030 210 94 299 27
Included on the website is a notice in Greek explaining the current position regarding Greek policyholders.
Policyholders in the Republic of Ireland
All motor insurance policyholders with claims arising should notify such claims to Wrightway Underwriting Ltd at the address below:
Wrightway Underwriting Ltd
|Tel:||+353 53 91 67100 |
+353 53 91 67133
The Houses of the Oireachtas website provides the following public information which should be noted by parties with a claim against Enterprise Insurance Company Plc (in Liquidation).
?Insurance (Amendment) Act 2018 Bill entitled an Act to amend and extend the law relating to insolvent insurers; to provide for the transfer of the administration of the Insurance Compensation Fund to the Central Bank of Ireland; to provide for the conferral of certain functions on the Central Bank of Ireland and the National Treasury Management Agency relating to the Insurance Compensation Fund and payments to certain persons in the case of insolvent insurers; to provide for the establishment of a fund to be known as the Motor Insurers Insolvency Compensation Fund and the manner in which that fund shall be administered, controlled and managed by the Motor Insurers?Bureau of Ireland; to provide for the making of contributions by vehicle insurers to that fund, the rate of the contribution to be made and adjustments to that rate; to provide for enforcement of the provisions relating to the making of those contributions; for those purposes to amend and extend the Insurance Act 1964 and the National Treasury Management Agency (Amendment) Act 2000; and to provide for related matters.?/p>
Following the enactment of the Bill on 24th July 2018, The Insurance (Amendment) Act 2018 introduced important changes to payments from the Insurance Compensation Fund. The key changes for eligible third party claimants is that Insurance Compensation Fund payments will now meet 100% of the accepted claim and the responsibility for authorising the payments has transferred from the Accountant to the High Court to the National Treasury Management Agency (NTMA). The State Claim Agency as a department of NTMA will process payments and submit for authorisation by the High Court. The Liquidator is in communication with the SCA pending instruction on the SCA claims protocol required.
Further information and a full copy of the Insurance (Amendment) Act 2018 can be found on the Houses of the Oireachtas website
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