Posted on Mon, Apr. 08, 2013
State says Allianz insurance subsidiary committed fraud
By Toluse Olorunnipa
Herald/Times Tallahassee Bureau
Florida
regulators have filed a lawsuit accusing financial services giant
Allianz of gutting a Miami property insurer, falsifying its documents
and then cashing in on more than $20 million in fees as the company
plunged into insolvency.Coconut Grove-based Magnolia Insurance
Company went belly up in 2010, just two years after it began taking
100,000 policies out of Citizens Property Insurance Corp.
Taxpayers
ultimately picked up the tab, and the Department of Financial Services
is trying to recoup some of the money from the Munich-based
multinational Allianz.
According to a lawsuit filed late last
month, subsidiaries of Allianz played a major role in the demise of
Magnolia, charging the upstart company excessive fees and misreporting
its financial status even as it was going under.
Allianz
“intentionally participated in the misreporting and/or misrepresentation
of the financial condition of Magnolia,” the lawsuit says, for the
purpose of “prolonging the existence of the insurance company to
continue to secure collection of fees and payments.”
Allianz has firmly denied accusations made against it and its subsidiary, Allianz Risk Transfer.
“These
claims are totally unfounded,” said Hugo Kidston, head of
communications for Allianz Global Corporate & Specialty. “We’ve got a
hard earned reputation to protect, and we fully intend to do so.”
Taxpayers have chipped in more than $50 million to cover Magnolia’s claims since 2010.
The
Department of Financial Services and the Chief Financial Officer’s
office say Allianz provided a questionable loan to Magnolia, charged
“exorbitant” fees, and then began stripping the company of its worth
until it eventually folded.
As the company’s finances began to
deteriorate, Allianz allegedly participated in a scheme to misreport its
financial status and keep it afloat, the lawsuit claims.
Kidston
denied the allegations in the complaint as “completely false,” and said
Allianz actually lost millions of dollars on the loan.
Magnolia
went belly up despite the fact that there were no hurricanes in Florida
between 2008 and 2010 when it was in operation. Its downfall, and the
ensuing lawsuit, call into question the practice of allowing smaller
“takeout” companies to take over policies from state-backed Citizens.
The
goal of the takeouts is to get risk out of Citizens, and reduce the
likelihood that homeowners will have to pay “hurricane taxes” after a
storm. But in several cases, including Magnolia’s, taxpayers have had to
pick up the tab anyways, acting as a backstop after smaller private
companies become insolvent.
Takeout companies like Poe Financial
Group, Northern Capital and HomeWise Insurance all went bust after
taking over large chunks of Citizens’ policies. The insolvencies cost
taxpayers tens of millions of dollars and the policies have often ended
up back with Citizens.
Takeouts have intensified in the last year,
as a handful of private insurers have taken over more than 300,000
Citizens policies. None of those companies have folded yet and most
Citizens takeouts do not end up in bankruptcy or litigation.
Still,
the Allianz case highlights the risks involved in shrinking Citizens,
even as the company considers providing hundreds of millions dollars in
incentives to encourage more takeouts.
The state is seeking more
than $20 million in damages from Allianz and has hired counsel from the
law firm of Hinshaw & Culbertson to handle the case.
Read more here: http://www.miamiherald.com/2013/04/08/v-print/3330253/state-says-allianz-insurance-subsidiary.html#storylink=cpy