An anonymous director reports
KINGSWAY ANNOUNCES BROAD SETTLEMENT ENDING PENNSYLVANIA LITIGATION
Kingsway Financial
Services Inc. has agreed to a settlement and release ending all legal disputes between the company
and the Pennsylvania Insurance Department. As
previously disclosed, the department sued the company and 20 different charities on Nov. 20, 2009, after Kingsway disposed of
its interest in Walshire Assurance Company and Lincoln
General Insurance Company in October, 2009, by
donating its Walshire shares to the charities. On April 1, 2010, the
department's claims that the disposition was improper were dismissed,
but the department appealed to the Pennsylvania Supreme Court. The
settlement between the parties was reached after nearly a year of
negotiations and includes a mutual release of claims arising out of
Kingsway's prior 100-per-cent ownership and renewed minority ownership, as
described below, of Walshire and Lincoln General, as well as claims
relating to the original disposition in October, 2009.
Kingsway also announced that LGIC Holdings LLC has
completed its previously announced acquisition of Walshire. Regulatory
approval for the change in control of Walshire was obtained Oct. 6,
2011. LGIC Holdings is a joint endeavour between Kingsway, the 49-per-cent
owner member, and Tawa PLC, the 51-per-cent owner member. Day-to-day
management of Walshire and Lincoln General will be performed by the
Tawa Group subject to the oversight of the companies' boards of
directors. As a minority and non-controlling investor, Kingsway will
not consolidate Walshire or Lincoln General but will account for its
investment using the equity accounting method. At closing, Kingsway
also obtained releases from Walshire, Lincoln General and the 20 charities.
We seek Safe Harbor.
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