2007 Annual Report - AIG.com
2007 Annual Report - AIG.com
2007 Annual Report - AIG.com
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American International Group, Inc. and Subsidiaries<br />
11. Debt Outstanding<br />
of the 1999 settlement of class and derivative litigation involving<br />
Continued<br />
Caremark Rx, Inc. (Caremark). The plaintiffs in the second-filed<br />
action have intervened in the first-filed action, and the second-filed<br />
(ii) Junior subordinated debt: In January <strong>2007</strong>, AGF issued junior<br />
action has been dismissed. An excess policy issued by a<br />
subordinated debentures in an aggregate principal amount of<br />
subsidiary of <strong>AIG</strong> with respect to the 1999 litigation was expressly<br />
$350 million that mature in January 2067. The debentures<br />
stated to be without limit of liability. In the current actions,<br />
underlie a series of trust preferred securities sold by a trust<br />
plaintiffs allege that the judge approving the 1999 settlement was<br />
sponsored by AGF in a Rule 144A/Regulation S offering. AGF can<br />
misled as to the extent of available insurance coverage and would<br />
redeem the debentures at par beginning in January 2017.<br />
not have approved the settlement had he known of the existence<br />
<strong>AIG</strong> does not guarantee any of the debt obligations of AGF. and/or unlimited nature of the excess policy. They further allege<br />
that <strong>AIG</strong>, its subsidiaries, and Caremark are liable for fraud and<br />
(h) Other Notes, Bonds, Loans and Mortgages Payable at<br />
suppression for misrepresenting and/or concealing the nature and<br />
December 31, <strong>2007</strong>, consisted of the following:<br />
extent of coverage. In addition, the intervenor-plaintiffs allege that<br />
Uncollateralized Collateralized various lawyers and law firms who represented parties in the<br />
Notes/Bonds/Loans Loans and underlying class and derivative litigation (the ‘‘Lawyer Defend-<br />
(in millions) Payable Mortgages Payable<br />
ants’’) are also liable for fraud and suppression, misrepresenta-<br />
<strong>AIG</strong>CFG $1,839 $ — tion, and breach of fiduciary duty. The <strong>com</strong>plaints filed by the<br />
<strong>AIG</strong> 729 — plaintiffs and the intervenor-plaintiffs request <strong>com</strong>pensatory dam-<br />
Other subsidiaries 600 175<br />
ages for the 1999 class in the amount of $3.2 billion, plus<br />
Total $3,168 $175<br />
punitive damages. <strong>AIG</strong> and its subsidiaries deny the allegations of<br />
(i) Interest Expense for All Indebtedness: Total interest<br />
fraud and suppression and have asserted that information<br />
expense for all indebtedness, net of capitalized interest, aggreto<br />
concerning the excess policy was publicly disclosed months prior<br />
gated $9.69 billion in <strong>2007</strong>, $6.95 billion in 2006 and $5.7 bilassert<br />
the approval of the settlement. <strong>AIG</strong> and its subsidiaries further<br />
lion in 2005. Capitalized interest was $37 million in <strong>2007</strong>,<br />
that the current claims are barred by the statute of<br />
$59 million in 2006 and $64 million in 2005. Cash distributions<br />
limitations and that plaintiffs’ assertions that the statute was<br />
on the preferred shareholders’ equity in subsidiary <strong>com</strong>panies of<br />
tolled cannot stand against the public disclosure of the excess<br />
ILFC and liabilities connected to trust preferred stock of <strong>AIG</strong>LH<br />
coverage. The plaintiffs and intervenor-plaintiffs, in turn, have<br />
subsidiaries are accounted for as interest expense in the<br />
asserted that the disclosure was insufficient to inform them of<br />
consolidated statement of in<strong>com</strong>e. The cash distributions for ILFC<br />
the nature of the coverage and did not start the running of the<br />
were approximately $5 million for each of the years ended<br />
statute of limitations. On November 26, <strong>2007</strong>, the trial court<br />
December 31, <strong>2007</strong>, 2006 and 2005. The cash distributions for<br />
issued an order that dismissed the intervenors’ <strong>com</strong>plaint against<br />
<strong>AIG</strong>LH subsidiaries were approximately $107 million, $107 million<br />
the Lawyer Defendants and entered a final judgment in favor of<br />
and $112 million for the years ended December 31, <strong>2007</strong>, 2006<br />
the Lawyer Defendants. The intervenors are appealing the dismis-<br />
and 2005, respectively.<br />
sal of the Lawyer Defendants and have requested a stay of all<br />
trial court proceedings pending the appeal. If the motion to stay is<br />
12. Commitments, Contingencies and<br />
granted, no further proceedings at the trial court level will occur<br />
Guarantees<br />
until the appeal is resolved. If the motion to stay is denied, the<br />
next step will be to proceed with class discovery so that the trial<br />
In the normal course of business, various <strong>com</strong>mitments and court can determine, under standards mandated by the Alabama<br />
contingent liabilities are entered into by <strong>AIG</strong> and certain of its Supreme Court, whether the action should proceed as a class<br />
subsidiaries. In addition, <strong>AIG</strong> guarantees various obligations of action. <strong>AIG</strong> cannot reasonably estimate either the likelihood of its<br />
certain subsidiaries.<br />
prevailing in these actions or the potential damages in the event<br />
liability is determined.<br />
(a) Litigation and Investigations<br />
Litigation Arising from Insurance Operations — Gunderson. A<br />
Litigation Arising from Operations. <strong>AIG</strong> and its subsidiaries, in subsidiary of <strong>AIG</strong> has been named as a defendant in a putative<br />
<strong>com</strong>mon with the insurance and financial services industries in class action lawsuit in the 14th Judicial District Court for the<br />
general, are subject to litigation, including claims for punitive State of Louisiana. The Gunderson <strong>com</strong>plaint alleges failure to<br />
damages, in the normal course of their business. In <strong>AIG</strong>’s<br />
<strong>com</strong>ply with certain provisions of the Louisiana Any Willing<br />
insurance operations, litigation arising from claims settlement Provider Act (the Act) relating to discounts taken by defendants on<br />
activities is generally considered in the establishment of <strong>AIG</strong>’s bills submitted by Louisiana medical providers and hospitals that<br />
reserve for losses and loss expenses. However, the potential for provided treatment or services to workers <strong>com</strong>pensation claimincreasing<br />
jury awards and settlements makes it difficult to<br />
ants and seeks monetary penalties and injunctive relief. On<br />
assess the ultimate out<strong>com</strong>e of such litigation.<br />
July 20, 2006, the court denied defendants’ motion for summary<br />
Litigation Arising from Insurance Operations — Caremark. <strong>AIG</strong> judgment and granted plaintiffs’ partial motion for summary<br />
and certain of its subsidiaries have been named defendants in judgment, holding that the <strong>AIG</strong> subsidiary was a ‘‘group purtwo<br />
putative class actions in state court in Alabama that arise out chaser’’ and, therefore, potentially subject to liability under the<br />
<strong>AIG</strong> <strong>2007</strong> Form 10-K 173