Chubb Relieved Of $500 M Surety Exposure

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NU Online News Service, July 20, 12:59 p.m.EDT?The Chubb Corp. yesterday announced an agreement withAquila that completely discharges the Warren, N.J.-based insurer ofa $500 million surety exposure.[@@]

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Specifically, two of Chubb subsidiaries have reached asettlement agreement with Aquila Inc, a Kentucky-based operator ofoil and gas utilities, relating to a surety bond that guaranteeddelivery of gas from Aquila (gas forward purchase contracts).

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Under the agreement, Aquila is providing Chubb'ssubsidiaries?Federal Insurance Company and Pacific IndemnityCompany?with collateral of $500 million.

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This collateral represents Chubb's complete exposure to Aquilaunder gas forward purchase surety bonds. In connection with thesettlement, Chubb has agreed to pay Aquila up to $15 millionfollowing the complete discharge of Chubb's exposure.

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Chubb and Aquila jointly filed a motion with the United StatesDistrict Court for the Western District of Missouri to approve thesettlement and to dismiss current litigation between the twocompanies.

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Separately, Aquila said it will also provide $90 million to St.Paul Travelers to support a St. Paul Travelers surety bondexposure.

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Surety bond exposures continue to plague severalproperty-casualty insurers, according to recent new reports.

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A Financial Times report last week detailed a $500million exposure for Zurich Financial Services related to suretybond credit enhancement issued on behalf of Senior LivingProperties.

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The bond secured a loan to purchase a chain of Texas andIllinois nursing homes. A Texas bankruptcy court decision (relatedto the bankruptcy of the nursing homes) was issued in April.

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Last week, during its second-quarter earnings conference call,Peoria, Ill.-based RLI Corp. also commented on an ongoing exposureto a surety bond written to guarantee performance of a lessee underan equipment and vehicle leasing program.

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In a year-end SEC filing, RLI explained that it is bothplaintiff and defendant in litigation related to this exposure, inwhich investment banks claim entitlement to upward of $53 millionunder the bonds.

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While RLI executives commented during the call that it wouldhave a better take on the possible outcome in the third quarter,since discovery on the legal matters is scheduled to be stopped inAugust, the year-end filing indicated that the firm, which disputesliability and damages, did not expect a material adverse effect onresults.

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