Petitions to Transfer Business
IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
COMPANIES COURT
NO. 6185 of 2005
In the Matter of
AIOI INSURANCE COMPANY OF EUROPE LIMITED
and in the Matter of
AIOI MOTOR AND GENERAL INSURANCE COMPANY OF EUROPE LIMITED
and in the Matter of
THE FINANCIAL SERVICES AND MARKETS ACT 2000
Notice is hereby given that Aioi Insurance Company of Europe Limited (“ Aioi Europe ”) and Aioi Motor and General Insurance Company of Europe Limited (“ Aioi Motor and General ”) presented an application to the High Court of England and Wales (the “ Application ”) pursuant to Part VII of the Financial Services and Markets Act 2000 (“ FSMA ”) for an order:
| (1) | under section 111 of FSMA sanctioning the scheme (“ Scheme ”) for the transfer to Aioi Motor and General of a portfolio of general insurance business comprising: | |
| (a) | in the UK, the Toyota Related Business, JIA Business and the Hastings Business; | |
| (b) | in Norway, the Toyota Motor Business; and | |
| (c) | in Germany, France, Belgium and The Netherlands, the whole of the general insurance business of these branches, |
(as such terms are defined in the Scheme) (collectively, the “ Transferring Business ”);
| (2) | under section 112 of FSMA making ancillary provisions to implement the Scheme. |
For the vast majority of holders of policies included in the Transferring Business, their policy will be branded as “Toyota Insurance”.
A copy of the report (the “ I.E. Report ”) prepared by an independent expert, Mr Mark Allen of PricewaterhouseCoopers, Fellow of the Institute of Actuaries, in pursuance of section 109 of FSMA and of a statement setting out a summary of the terms of the Scheme and the I.E.Report (the “ Summary ”) will be made available free of charge to anyone requesting such copies by contacting Louise Dolan or Caroline Hancock by telephone on 0207 269 7220 or in writing at 1st Floor, 50 Mark Lane, London EC3R 7QR from the date of publication of this notice until the date on which the Scheme will be heard before the Court. A copy of the full I.E.Report and the Summary will also be available on Aioi Europe’s website at www.aioi.co.uk.
All claims in relation to the Transferring Business currently being dealt with by or on behalf of Aioi Europe will, after the proposed transfer be handled by or on behalf of Aioi Motor and General. Future claims arising under the policies of insurance included in the Transferring Business will be similarly dealt with by or on behalf of Aioi Motor and General. The proposed transfer will secure the continuation by or against Aioi Motor and General of any legal proceedings by or against Aioi Europe that relate to the rights and obligations in respect of the Transferring Business of Aioi Europe.
The Application is directed to be heard before a Judge of the Chancery Division at the Royal Courts of Justice, The Strand, London, WC2A 2LL on 15 December 2005 and any person, including any employee of Aioi Europe and Aioi Motor and General, who claims to be adversely affected by the carrying out of Scheme may appear at the time of the hearing in person or by Counsel and/or by making written representatives. Any person who intends so to appear, and any policyholder of Aioi Europe and Aioi Motor and General who dissents from the Scheme but does not intend so to appear, should give not less than two clear days notice prior to the hearing date in writing of such intention or dissent, and the reasons therefore, to the Solicitors named below.
Dated this 22nd day of September 2005
Clifford Chance Limited Liability Partnership of 10 Upper Bank Street, London E14 5JJ, Solicitors of Aioi Insurance Company of Europe Limited and Aioi Motor and General Insurance Company of Europe Limited
Attention: Ms Rosemary Sutherland (RHXS/D0854/00195)
