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American policyholders liquidating trust

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On July 21, 2010, the rig experienced another severe weather event.

It was damaged again, in part because of the modifications caused a portion of the rig to detach and float out to sea, where it remained for nearly thirty hours in rough waters.

This dispute has become particularly pronounced in cases in which the insurers have been asked to provide coverage for asbestos, silica, environmental, or other delayed-manifestation claims in which the bodily injury or property damage began to take place prior to, but did not manifest until after, the transaction in question.

As part of the Conservation and Liquidation Plan, Castle Point, CP Re and ACP Re have agreed to commute a stop loss reinsurance agreement for a cash payment of 0 million to Castle Point.If there is a change in claims administration, you will be notified by the Conservator or one of his contracted parties.All other claims are being evaluated by the Conservator and will continue to be paid where deemed appropriate.The treatment of cash collateral will depend upon the facts and circumstances pertaining to the particular situation presented.However, if a policyholder can demonstrate that cash collateral was placed with the insurer pursuant to the terms of a bona fide payment agreement governing the insurance program existing between the insurer and the policyholder, and that the collateral does not in fact constitute premiums earned by the insurer, then the collateral should not be treated as part of the insurer’s general assets.A number of courts have adopted the Successor Insured Position that, while an insurer cannot be required to insure a third party for new occurrences that relate solely to the third party's conduct after the transfer in question, a policyholder is free to assign or otherwise transfer its insurance rights relating to occurrences that began prior to the transfer without having to obtain the insurer's consent. As a result, the insurers in Henkel and these other cases were able to avoid paying substantial amounts in coverage to the Successor Insured to which the policyholder had attempted to assign coverage.