News

Settlement Agreements Declared Binding

On 17 January 2012, the Amsterdam Court of Appeal has declared the Settlements Agreements binding...Read More

News on oral hearing

On 3 October 2011, the oral hearing on whether the Settlement Agreements should be
declare...Read More

A statement of Defence has been filed against the Joint Petition

A Statement of Defence (SoD) was recently filed against the Joint Petition to have the two Settle...Read More
1. What is this case about?
During the period of 7 January 2002 through and including 2 September 2004, Converium Holding AG ("Converium", which is now known as SCOR Holding (Switzerland) AG) announced reserve increases in its North American business of approximately USD 526 million, including a 20 July 2004 announcement that it would take a charge of up to USD 400 million to increase reserves in its North American business. The price of Converium common stock declined after the 20 July 2004 announcement. Converium, and certain officers of the Company, and Zurich Financial Services Ltd. ("ZFS"), have been accused of disseminating false and misleading statements during this period of time regarding Converium's financial condition, including the adequacy of Converium's loss reserves in its North American business, and that those alleged misstatements and omissions had the effect of artificially inflating the price of Converium's securities.
2. What are the Settlements terms?
In July 2010, the Stichting Converium Securities Compensation Foundation (hereinafter: the "Foundation") and Vereniging VEB NCVB (hereinafter: "VEB") entered into separate settlement agreements with Converium and ZFS respectively (hereinafter referred to jointly as the "Agreements") for the benefit of all eligible purchasers of Converium stock who purchased their stock on a stock exchange outside the U.S. (hereinafter referred to as the "Non-U.S. Exchange Purchasers"). Pursuant to the Agreements, a total gross amount of USD 58,400,000 (USD 40,000,000 from Converium and USD 18,400,000 from ZFS) (less the fee of the Foundation's U.S. counsel in the amount of USD 11,680,000 and certain other costs, such as costs for implementing the Agreements) will be made available to Non-U.S. Exchange Purchasers by way of compensation in accordance with the provisions of a distribution plan that is part of the Agreements (hereinafter: the "Distribution Plan").
3. How do I know if I am eligible to share in the Settlements?
You are an eligible claimant if you are a person (legal or natural) or entity that purchased or otherwise acquired the common stock of Converium on the SWX Swiss Exchange or any other stock exchange outside the United States (hereinafter: Non-US Exchange) in the period from 7 January 2002 through 2 September 2004 (the "Relevant Period") and you were not a United States resident at the time of the purchase. If you do not fall within this category, this announcement does not apply to you.
4. Why did I receive a Hearing Announcement?
You received the Hearing Announcement because your broker's/custodian's records indicate that you may be a Non-US Exchange purchaser, who may have purchased Converium common stock during the Relevant Period, on the SWX Swiss Exchange in Zürich, Switzerland, or any other exchange outside of the United States.
5. How did you get my name and address?
The list of Converium shareholders used in mailing the Hearing Notice was prepared utilizing a number of sources, including, Converium's registered shareholder list, the shareholder lists compiled in both the Converium U.S. Class Action and the U.S. Securities and Exchange Commission's Converium Fair Fund settlement, and the custodians (including banks, brokers and other nominees) in connection with the U.S. Class Action and the Converium SEC Fair Fund settlement. These addresses were then updated by a European mailing firm contracted by the Foundation which, together with the bailiff, mailed, respectively, served, the Hearing Notice. The Amsterdam Court of Appeal has declared the lists with Converium shareholders as a file in the meaning of article 1(c) of the Dutch Personal Data Protection Act and has directed that these data will, therefore, in principle not be made accessible to third parties. Furthermore, both the European mailing firm and the Settlement Administrator are bound by confidentiality.
6. Do I have to pay any fee in order to obtain the Hearing Announcement or other documents?
No. The Foundation will pay the Bailiff any fees related to the delivery of the Hearing Announcement (approximately €70). You may also, view, download, and print the Hearing Announcement and other documents from this website.
7. What is the Relevant Period?
The Relevant Period for the Converium Holding Ag International Settlement is the period of time from 7 January 2002 through 2 September 2004.
8. What securities are eligible in connection with the Settlements?
The eligible security is Converium common stock.
9. I am not sure if I purchased Converium stock on a Non-U.S. Stock Exchange ...
We do not have any detailed transactional history regarding your purchases of Converium stock during the Relevant Period. Therefore, you must contact your investment custodian, broker, or bank to obtain that information.
10. What is Converium's eligible ISIN code?
The ISIN code eligible for the Converium Settlements is CH0012997711.
11. What is the amount of the Settlements?
The Settlements amount is USD 58,400,000 (USD 40,000,000 from Converium and USD 18,400,000 from ZFS) (less the fee of the Foundation's U.S. counsel in the amount of USD 11,680,000 and certain other costs, such as costs for implementing the Agreements).
12. Will I be charged for participating in the Settlements?
No. There is no fee for submitting a claim to share in the Settlement.
13. Where and when will the Hearing on approving the Settlements be held?
The oral hearing to determine whether the Court of Appeal in Amsterdam will declare the Agreements binding, will be held on 3 October 2011 and, if necessary, will be continued the following day. The hearing will start at 10:00 a.m. at the Court Building (Paleis van Justitie) at Prinsengracht 436, Amsterdam, The Netherlands. If you (or your lawyer) wish to speak at the hearing, you (or your lawyer) must give prior written notice to the Court by 5 September 2011, at the latest. For more details, please see FAQ 10.
14. What do I need to do to speak (or have my attorney speak) at the Hearing?
If you (or your lawyer) wish to speak at the hearing, you (or your lawyer) must give prior written notice to the Court by 5 September 2011, at the latest. If you wish to speak in a language other than Dutch, you must bring an interpreter who can translate your words into Dutch. You will bear the costs of your lawyer and interpreter. Also, if you do not wish to speak at the hearing, but wish to attend the hearing, you are requested to give written notice to the Court.

You can find directions on how to reach the Court Building at the Court's website www.rechtspraak.nl. It is not necessary to attend the hearing in order to file a claim for relief under the Agreements or to submit an opt-out statement. Your presence is therefore not obligatory. The notice to appear or request to speak to the Court should be sent in writing at the address of the Court: Amsterdam Court of Appeal, Court Registry commercial division, P.O. Box 1312, 1000 BH Amsterdam, The Netherlands, attn. Ms. M. van Vuuren LL.M., stating reference number: 200.070.039/01
15. What do I need to do to opt out of the Settlements?
Non-U.S. Exchange Purchasers who do not wish to be eligible to obtain compensation and to be bound by the Agreements are required to timely submit an opt-out statement. Opt-out statements can be made only within the period to be determined by the Court. If the Court declares the Agreements binding, Notice of that determination will be disseminated. The Notice will contain the date by which opt-out statements must be submitted, which is at least three months after the Notice of the Court's binding declaration regarding the Agreements has been disseminated. Accordingly, it is not yet possible to file opt-out statements at this time.
16. When can I submit a Statement of Defense?
Each interested party may file a statement of defense against the Amended Petition to have two collective Settlement Agreements declared binding pursuant to Article 7:907 Netherlands Civil Code (hereinafter: "Petition") by no later than 22 August 2011.

Statements of defense must:

* Be written in Dutch;
* State the reasons for the defense;
* Be filed seven copies with the Registry of Court of Appeal;
* Be filed by a Dutch lawyer.

You do not need to submit a statement of defense to preserve your right to opt-out if the Court grants the Petition and declares the Agreements binding.
17. I owned Converium stock, but I do not want to be involved in these Settlements ...
As a (former) holder of Converium shares you have certain rights under the terms of the Settlement Agreements including the ability, if you are eligible, to file a claim should the Settlement Agreements be declared binding by the Court of Appeal or, alternatively, to opt-out of the settlements at the appropriate time which is set by the Court. Accordingly, it is in your interest to keep your name and address on our mailing list. However, if you insist on having your name and address removed from our mailing list, we can do so. In that event, please be advised that, even though you will not receive any additional mailings, your rights will be affected if the Settlement Agreements are declared binding by the Court. This means that, even if you will not receive any additional mailings you will be bound by the Settlement Agreements, and eligible to file a claim at the appropriate time, unless you opt-out of the settlements at the appropriate time. If you do decide that you want to have your name and address deleted from the mailing list, you must advise us in written form (by e-mail or letter) stating that you have been advised of the consequences of having your name and address removed from the list but nonetheless still want your name and address deleted. The email should be addressed to questions@converiumsettlements.com and any letter addressed to:

Converium Holding AG International Settlement
c/o The Garden City Group, Inc.
P.O. Box 9616
Dublin, OH 43017-4916
U.S.A.
18. I never owned Converium stock; can my name and address be removed from ...
You received the Hearing Announcement because according to our records you are a (former) holder of Converium shares. Since you have indicated that you never owned Converium stock during the Relevant Period, we will remove your name from the mailing list so that you will not receive future mailings.
19. What happens if the Court declares the Agreements binding?
If the Court declares the Agreements binding, Converium, ZFS, the Foundation, and VEB will issue a joint announcement providing information about how eligible Non-US Exchange Purchasers can submit claims for compensation under the Agreements and also how they can submit an opt-out statement.

It is important to note that Non-U.S. Exchange Purchasers who do not opt-out of the Settlements, are bound by the terms of the Agreements including waiving any claims and potential claims they may have against Converium, its current parent (SCOR Holding (Switzerland) AG), and ZFS in connection with, or resulting from, their purchase of Converium shares on Non-U.S. Exchanges during the Relevant Period (final release of liability). Unless they timely submit an opt-out statement, this waiver (final release of liability) also applies to Non-U.S. Exchange Purchasers: (i) who do not file a valid claim for compensation, or (ii) who submit a claim for compensation but are not entitled to receive any amount of money on the basis of the Distribution Plan.
20. Do the Settlements relate to any other settlements involving Converium securities?
The events underlying these Settlements are related to events underlying other settlements, but each settlement is separate. If you are a Non-U.S. Exchange Purchaser who is eligible to participate in the present Settlements, you may do so even if you also were eligible to participate in re Scor Holding (Switzerland) AG Securities Litigation, No. 04 CV 7897 (DLC) (the "U.S. Class Action") and the Fair Fund established by the United States Securities and Exchange Commission.
21. Where can I obtain additional information about the litigation?
You may obtain additional information about the litigation by contacting the Settlement Administrator (see FAQ No. 15).
22. Who is the Settlement Administrator?
The Settlement Administrator is The Garden City Group, Inc. You can reach the Settlement Administrator by mail, by email or by phone. The mailing address is:

Converium Holding AG International Settlement
c/o The Garden City Group, Inc.
P.O. Box 9616
Dublin, OH 43017-4916

You can email the Settlements Administrator at: questions@converiumsettlements.com. You can also call us the following telephone numbers:
 

 

Country

Toll-Numbers

Toll-Free Numbers

France

+ 1 614 5690291

+ 1 800 77686266

Germany

+ 1 614 5690291

+ 1 800 77686266

Italy

+ 1 614 5690291

+ 1 800 77686266

Netherlands

+ 1 614 5690291

+ 1 800 77686266

Switzerland

+ 1 614 5690291

+ 1 800 77686266

United Kingdom

+ 1 614 5690291

+ 1 800 77686266

United States

1 614 5690291

1 800 9606659