KINGSWAY AND PENNSYLVANIA INSURANCE DEPARTMENT MOVE TO RESOLVE LINCOLN GENERAL ISSUES
TORONTO, April 11 /CNW/ - (TSX:KFS, NYSE:KFS) Kingsway Financial
Services Inc. ("Kingsway" or the "Company") today announced that it has
entered into a definitive agreement to purchase a minority stake in a
newly formed holding company that, subject to regulatory approval, will
own a majority of Walshire General Assurance Company, the sole
shareholder of Lincoln General Insurance Company. The majority investor
in the holding company, named LGIC Holdings, LLC, will be Tawa PLC.
Until October 19, 2009, the Company was the indirect owner of 100% of
Walshire's common stock. As previously disclosed, on October 19, 2009,
the Company disposed of its interest in Walshire and Lincoln General by
donating its Walshire shares to twenty charities. On November 20, 2009,
the Pennsylvania Department of Insurance sued the Company and the
charities and sought to unwind the disposition. On April 1, 2010, the
Department's claims against the Company, which had been filed in the
Pennsylvania Commonwealth Court, were dismissed, but the Department
appealed to the Pennsylvania Supreme Court.
A majority of the charities who received the Walshire shares have
accepted an offer to sell their stakes to LGIC Holdings, LLC. The
transaction involves a change of control of Lincoln General, which must
be approved by the Pennsylvania Department of Insurance. In that
connection, the Department and Kingsway have been discussing a
settlement of their dispute, whereby, if the change of control
application is approved and the transaction subsequently closes, the
appeal filed by the Department will be withdrawn and the litigation
involving the Department, Kingsway and the charities will be
discontinued. In anticipation of such a settlement, the parties have
asked the Pennsylvania Supreme Court to postpone the oral argument of
the Department's appeal. If the change of control application is
denied, the investment will not close and the offer to the charities
will be revoked according to its terms.
Forward Looking Statements
This press release includes "forward looking statements" that are
subject to risks and uncertainties. Such forward looking statements
relate to future events or performance, but reflect Kingsway
management's current beliefs, based on information currently
available. A number of factors could cause actual events, performance
or results to differ materially from the events, performance and
results discussed in the forward looking statements. For information
identifying important factors that could cause actual results to differ
materially from those anticipated in the forward looking statements,
see Kingsway's securities filings, including its 2010 Annual Report
under the heading Risk Factors in the Management's Discussion and
Analysis section. The securities filings can be accessed on the
Canadian Securities Administrators' website at www.sedar.com, on the EDGAR section of the U.S. Securities and Exchange Commission's
website at www.sec.gov or through the Company's website at www.kingsway-financial.com. Except as expressly required by applicable securities law, the Company
disclaims any intention or obligation to update or revise any forward
looking statements whether as a result of new information, future
events or otherwise.
About the Company
Kingsway Financial Services Inc. focuses on non-standard automobile
insurance in the United States of America. The Company's primary
businesses are the insuring of automobile risks for drivers who do not
meet the criteria for coverage by standard automobile insurers. The
common shares of the Company are listed on the Toronto Stock Exchange
and the New York Stock Exchange under the trading symbol "KFS".
About Tawa
Tawa plc was formed in 2001 with the purpose of acquiring or developing
assets and business in the insurance industry. Tawa is interested in
acquiring run-off portfolios of insurance and reinsurance companies,
companies and businesses providing services to the insurance industry
and in developing its own products to serve the insurance market as a
whole.
Since its formation, Tawa has acquired CX Reinsurance Company Limited,
KX Reinsurance Company Limited, PXRE Reinsurance Company, Island
Capital Limited, and the PRO group of companies and Oslo Re. It also
set up QX Re, a Bermudian regulated reinsurance company, to write
reinsurance business.
In July 2007 Tawa plc was floated on the AIM market. Further
information can be found on the Company's website: www.tawaplc.com
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