Tokio Marine Europe Insurance Limited (TMEI)

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This is the latest news relating to the Scheme.

Bar Date – 12 October 2011

Following the Bar Date, if a Scheme Creditor did not submit its Claim Form, together with the appropriate supporting documentation in accordance with the instructions accompanying the claim Form, by the Bar Date, the Scheme Creditor will lose its entitlement to assert any Scheme Claims additional to those present on any manual Claim Form submitted prior to the Bar Date.

Chapter 15 Order made on 8 September 2011

On behalf of TMEI and as its foreign representative, David McGuigan filed a petition pursuant to Chapter 15 of the United States Bankruptcy Code, with the United States Bankruptcy Court for the Southern District of New York. Pursuant to Chapter 15, TMEI sought, amongst other things, an order that its Scheme be given full force and effect in the United States. On 8 September 2011, the United States Bankruptcy Court granted recognition of the Scheme. The Chapter 15 order made by the Court on 8 September 2011 provides that the Scheme is to be given full force and effect in the United States, and provides for a permanent injunction and related relief. A copy of the Court's order is contained at (Important Information).

U.S. Recognition - 18 July 2011

Please take notice that on 18 July 2011, David McGuigan, as the duly appointed foreign representative of Tokio Marine Europe Insurance Limited (the "Scheme Company") filed a verified petition under chapter 15 of title 11 of the United States Code (the "Bankruptcy Code") for recognition of the Scheme Company's English Proceeding and Scheme sanctioned by the High Court of Justice of England and Wales on 15 April 2011; and for a permanent injunction and related relief pursuant to chapter 15 of the Bankruptcy Code. All of the relevant chapter 15 pleadings and the motion requesting recognition and permanent injunctive relief can be found and downloaded below on this website. Please note that the United States Bankruptcy Court has scheduled a hearing for the recognition of the English Proceeding and the Scheme to be held on 8 September 2011 at 10:00 a.m. (Eastern Time) at the United States Bankruptcy Court for the Southern District of New York, before The Honorable Martin Glenn, in Courtroom 501 of the Bankruptcy Court located at The Alexander Hamilton Custom House, One Bowling Green, New York, New York 10004-1408. Any Scheme Creditor, or party in interest, wishing to submit a response or objection to the Chapter 15 petition and motion for recognition and the injunctive relief requested by the foreign representative must do so electronically with the Court if you are a registered user of the Court's electronic case filing system in accordance with General Order M-242 (a copy of which may be viewed on the Court's website at www.nysb.uscourts.gov), or on a 3.5 inch disc, preferably in Portable Document Format (PDF), Word Perfect or any other Windows-based word processing format, which disk shall be sent to the Office of the Clerk of the Court, Room 534, One Bowling Green, New York, New York 10004-1408. A hard copy of such response or objection must also be sent to the Chambers of the Honorable Martin Glenn, United States Bankruptcy Judge, and served upon Sidley Austin LLP, 787 Seventh Avenue, New York, New York 10019 (Attention: Lee S. Attanasio and Alex R. Rovira), United States counsel to the Petitioner, so as to be received on or before 4:00 p.m. (Eastern Time) on 29 August 2011.

Please also note that a separate bar date is not being established in the Scheme Company's chapter 15 case. Pursuant to the Scheme, Claim Forms and supporting evidence must be returned to Pro Insurance Solutions Limited, the Scheme Manager, by no later than the Bar Date 12 October 2011. If you have not received a Claim Form or have questions regarding the submission of claims, please contact the Scheme Manager (contacts).

Scheme Effective Date - 15 April 2011; Bar Date – 12 October 2011

Following the re-convened Creditors’ Meeting on 7 April 2011 at which Scheme Creditors unanimously voted in favour of the solvent scheme proposed by the Scheme Company, the High Court of Justice of England and Wales has sanctioned the scheme of arrangement between the Scheme Company and its Scheme Creditors (the "Scheme").

A copy of the order sanctioning the Scheme was delivered to the Registrar of Companies in England and Wales on 15 April 2011 and the Scheme became effective for the Scheme Company on that date (the "Effective Date"). Please note that all Scheme Creditors are now bound by the provisions of the Scheme.

Claims Forms and supporting evidence must be returned to PRO Insurance Solutions Limited, the Scheme Manager, by no later than 12 October 2011, the “Bar Date”. Information on how to complete your Claim Form can be found under the heading “Return of Claim Forms” below.

Return of Claim Forms

For each Scheme Creditor of which it is aware, the Scheme Manager will prepare a Claim Form. Included with the Claim Forms will be the details it has of: (1) each Scheme Reinsurance Contract of which it is aware and which may give rise to a Scheme Claim; and (2) any Unpaid Agreed Claims of which it is aware arising under such Scheme Reinsurance Contracts.

If you would like to submit a Scheme Claim, please refer to the Claim Form and the instructions and notes forming part of it carefully before completing and submitting your Claim Form.

The Claim Form can also be supplied electronically in Microsoft Excel format by the Scheme Manager. Scheme Creditors are strongly encouraged to request this and to enter their policy and claims data on the Excel spreadsheet, where possible, because this should be easier than entering such data on the paper spreadsheet. Alternatively, a blank copy of the Claim Form can be downloaded from Important Information.

Claim Forms may be submitted by completing and returning a Claim Form, together with the evidence supporting your Scheme Claim, to the Scheme Manager by e-mail, post or fax. Where e-mail is used, the Claim Form must be sent in pdf or tif format showing a scanned image of the completed Claim Form (although the completed policy schedule showing which policies you are asserting Scheme Claims against may be attached as an Excel spreadsheet). Forms sent by e-mail or fax will only be accepted if they are legible.

The Claim Form and supporting evidence must be received by the Scheme Manager (contacts) by no later than the Bar Date, after which no new or revised Claim Form will be admitted. The Bar Date is 11.59 pm, London Time on 12 October 2011.

Scheme Creditors should note that any estimates of the value of their Scheme Claims made on, and evidence provided in connection with, a Claim Form may not be protected by privilege and may be discoverable, for example on the application of a third party with a claim against the Scheme Creditor, in any action or proceedings to which the Scheme Creditor might be a party. Scheme Creditors should consult their own professional advisers as to the consequences of furnishing such particulars.

Please check this site for further updates. Meanwhile, please contact the Scheme Manager if you have any queries.

15 April Sanction Hearing 2011

The scheduled Sanction Hearing is due to take place on Friday 15th April in Court 54 at 10:30 a.m.

15 April 2011 Sanction Hearing

It is expected that the sanction hearing will take place on Friday 15 April in the High Court. Details of the time and location of that hearing will be added when known.

7 April 2011:

The re-convened Creditors’ Meeting took place on 7 April 2011 and all Votes cast were unanimously in favour of the Scheme.

The Sanction Hearing is expected to take place very shortly and when known the details will be posted on this Website.

30 March 2011:

IMPORTANT NOTICE: CREDITORS’ MEETING WILL BE RE-CONVENED ON 7 APRIL 2011

The Creditors’ Meeting on 8 March 2011 was opened and adjourned without a vote taking place. The date of the re-convened meeting will be 7 April 2011. The Meeting will be held at the offices of Sidley Austin LLP, Woolgate Exchange, 25 Basinghall Street, London EC2V 5HA commencing at 11am London Time.

Further to the 2 March update below, George Maher’s replacement as Vote Assessor is John Birkenhead of HJC Actuarial Consulting Limited. Amendments to the Scheme document, Explanatory Statement and Voting Form reflecting Mr Maher’s replacement by Mr Birkenhead can be found on the “Important Information” page of this Website. Mr Birkenhead’s CV is at Schedule IV of the amended Explanatory Statement.

Those Scheme Creditors who originally submitted votes for the meeting convened for 8 March 2011 are not required to resubmit those votes for the 7 April meeting - the original votes will be used. However, any Scheme Creditors who have already submitted votes, but who wish to submit new votes are able to do so by sending a new Voting Form to be received by PRO before 7 April 2011 or by voting at the re-convened meeting on 7 April 2011. Any Scheme Creditor who has not submitted a vote may do so prior to or at the re-convened meeting. Scheme Creditors and their proxies are asked to bring any new or re-submitted votes and supporting documents to the meeting on 7 April, and if possible to send them to PRO (e-mail: PRO_TMEI@pro-ltd.co.uk) in advance.

PRO (contacts) will be happy to assist any Scheme Creditors with questions.

8 March 2011:

CREDITORS’ MEETING ADJOURNED TO A DATE TO BE CONFIRMED HERE SHORTLY

The Creditors’ Meeting on 8 March 2011 was opened and adjourned without any voting taking place. The date of the re-convened meeting will be confirmed on this Website shortly. It is presently expected that the re-convened meeting will take place on or around 7 April 2011. Any Scheme Creditors with questions regarding the adjournment or any aspect of the Scheme should contact PRO (contacts).

2 March 2011:

IMPORTANT NOTICE REGARDING ADJOURNMENT OF THE MEETING OF CREDITORS CONVENED FOR 8 MARCH 2011

George Maher is leaving Towers Watson and as a consequence, he will not be able to undertake the roles of Vote Assessor and Scheme Adjudicator after his departure. A replacement Vote Assessor and Scheme Adjudicator is being appointed and we will post details of the replacement on this Website shortly.

Accordingly, with apologies for any inconvenience this may cause, TMEI wishes to advise that the Meeting of Creditors convened for 8 March 2011 (to be held at the offices of Sidley Austin LLP, Woolgate Exchange, 25 Basinghall Street, London EC2V 5HA commencing at 11am) will now simply be opened and adjourned on that date.

The date of the re-convened meeting (likely to be on or around 7 April 2011) will be confirmed on this Website shortly. As no voting will take place at the Meeting on 8 March 2011, creditors wishing to cast votes need not attend this Meeting.

Those Scheme Creditors who originally submitted votes for the meeting convened for 8 March 2011 will not be required to resubmit those votes for the reconvened meeting. However, any Scheme Creditors who have already voted but who wish to submit new votes will be able to do so. PRO will shortly be contacting all Scheme Creditors who have submitted votes together with those who have indicated to PRO that they propose to attend the Meeting on 8 March 2011.

Meanwhile, if any Scheme Creditors have any questions concerning this adjournment or any other aspect of the Scheme, please contact PRO (contacts)) who will be happy to assist. Alternatively, notwithstanding the proposed adjournment, Scheme Creditors may attend the meeting on 8 March 2011 and speak to PRO then.

17 December 2010
Proxy and Voting Forms, alongside the Scheme Explanatory Statement, Notice of Meeting and location map have been sent to all known TMEI Scheme Creditors and to certain London market brokers, agents and intermediaries (requesting that they notify any of their clients that they feel may be affected by the proposed Scheme). Please refer to Important Information page for copies of the Scheme documentation and if required a blank Proxy and Voting Form. Please note that all Scheme documentation may be downloaded from this website.

Please be aware that the Proxy and Voting Form can also be supplied electronically in Microsoft Excel format by PRO. Scheme Creditors are strongly encouraged to request this and to enter their policy and claims data on the Excel spreadsheet, where possible, because this should be easier than entering such data on the paper spreadsheet.

In order to vote at the Meeting, you are requested to return your completed Proxy and Voting Form to PRO Insurance Solutions Limited ("PRO" ), the proposed Scheme Manager (please refer to the Contacts page) as soon as possible, and in any event, so that it is received by 11.59pm London Time on 25 February 2011. Scheme Creditors may send their forms by post, e-mail or fax. Forms returned by e-mail (in pdf format) or fax will only be accepted if they are legible. If completed Proxy and Voting Forms are not received by 11.59pm London Time on 25 February 2011, they may be handed in at the registration desk prior to the commencement of the Meeting.

2 December 2010
The Court granted TMEI permission to convene a meeting of creditors to vote on its Scheme. The meeting will be held on 8 March 2011 at the offices of Sidley Austin LLP at Woolgate Exchange, 25 Basinghall Street, London EC2V 5HA, United Kingdom at 11am London Time and formal notification and documents will be sent shortly. The relevant documents will also be added to the Important Information page.

29 November 2010
The court hearing date for permission to convene a meeting of Scheme Creditors is scheduled for 2 December 2010.

23 November 2010
TMEI intends to apply to the High Court on 2 December 2010 for permission to convene a meeting of its Scheme Creditors to vote on its Scheme, the date of this hearing will be confirmed on this website when known. The date of the Creditors’ Meeting will be confirmed on this website once known and formal notice sent to Scheme Creditors.

28 August 2009
Practice Statement Letter (PSL) sent to all TMEI Scheme Creditors where an address was known to TMEI, advising policyholders that TMEI intends to implement a solvent scheme of arrangement (the "Scheme") pursuant to Part 26 of the Companies Act 2006 to finalise certain reinsurance liabilities of TMEI. A copy of the PSL has also been sent to brokers, agents and other intermediaries, requesting that they notify any of their clients that they feel may be affected by the proposed Scheme.

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Registered Office: Tokio Marine Europe Insurance Limited, 150 Leadenhall Street, London, EC3V 4TE
Registered No:      989421