Final Joint Pretrial Order - Reinsurance Focus

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d. the rates charged by the retrocessionaires were significantly less than the losses that were likely to be assumed by them; and e. given the structure of the Unicover Pool, there was a chance that the retrocessionaires would refuse to pay all of their obligations. -11-
12. Although Unicover estimated that for Pool Year Four it would write $150 million in business, ReliaStar Life Insurance knew that this was only an estimate and expected that the estimate would be exceeded by multiples. 13. None of the pool members, including ReliaStar Life Insurance, ever insisted on a limitation of the amount of business that Unicover could write. 14. None of the pool members, including ReliaStar Life Insurance, ever objected to the amount of business that Unicover wrote during Pool Year Four. 15. In August 1997, Unicover appointed Mays as “the lead and servicing broker for all business reinsured by the pool.” As the lead broker, Unicover required that Mays, among other things, handle all administrative matters of the pool between its members and Unicover and act as the conduit of communication between Unicover and the pool members. Mays also was required by Unicover to “place and administer retrocessions.” 16. Mays obtained retrocessional coverage for the Unicover Pool from Sun Life Assurance Company of Canada (“Sun Life”) and Phoenix Home Life Insurance Company (“Phoenix”) through their managing general underwriter (“MGU”), Centaur Underwriting Management, Ltd. (“Centaur”), and from Cologne Life <strong>Reinsurance</strong> Company (“Cologne”) through its MGU, CRF Underwriting Management (“CRF”) (the “Pool Retros”). 17. John Cackett (“Cackett”), an underwriter well known in industry circles as a successful arbitrageur, founded Centaur in 1996 and managed Centaur’s relationship with Unicover. 18. For the first two pool years (March 1995 through February 1997), the Unicover Pool ceded risks to the Pool Retros on a per risk basis, known as a facultative basis. 19. Effective March 1, 1997, Unicover and the Pool Retros entered into an obligatory treaty pursuant to which the Pool Retros agreed to assume all the risks ceded by the Unicover Pool for a period of one year (the “One Year Whole Account”). 20. Mays alone negotiated and placed the One Year Whole Account with Centaur and CRF on behalf of the Pool Retros - - Smith had no involvement. -12-
Page 1 and 2: RELIASTAR LIFE INSURANCE COMPANY, A
Page 3 and 4: Ultimately, the complaining compani
Page 5 and 6: 5. Aiding and abetting breach of fi
Page 7 and 8: 18. Aon Re and Smith intended to co
Page 9 and 10: 1. An insurance broker owes to the
Page 11: 4. Chris Mays (“Mays”) was an i
Page 15 and 16: 32. ReliaStar Life Insurance knew a
Page 17 and 18: B. Legal Contentions See the partie
Page 19 and 20: 25. ReliaStar Life Insurance is una
Page 21 and 22: Chris Mays Deposition Mr. Mays will
Page 23 and 24: XIV. DEPOSITION AND DISCOVERY EXCER
Page 25 and 26: • 108:22-109:7—speculation; rel
Page 27 and 28: • 178:20-180:12 • 184:15-186:3
Page 29 and 30: • 256:14-17--leading • 258:2-9-
Page 31 and 32: • 46:17-25 • 47:15-48:15 • 49
Page 33 and 34: • 50:6-18 • 64:25-66:10 • 66:
Page 35 and 36: XVI. JURY INSTRUCTIONS. See attache
Page 37 and 38: XX. MISCELLANEOUS. 8. Motion to pre

Final Joint Pretrial Order - Reinsurance Focus

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