The brokers in the arrangement alone awash risky, abnormal auto allowance behavior backed by AIH accessory Affirmative Allowance Co., an article that was not allotment of the deal. Just months afterwards Confie purchased the allowance network, AIH filed for defalcation and AIC was asleep by the Illinois Department of Insurance. Confie says it was larboard with a abandoned allowance arrangement and affected to absorb tens of millions of dollars agreement the broker’s behavior with added insurers on abortive terms.
AIH and Flowers accept confused to abolish the suit, adage it doesn’t accommodate abundant facts to sustain the artifice claims and calling it alone a case of buyer’s anguish for an advance that Confie knew was risky. But on Monday, Confie accursed back, adage in a acknowledgment to Flowers’ motion to abolish that “the adventurousness of this artifice is so blatant, that if the adventure were a cine calligraphy it would adequate be alone as too abandoned to be believable.”
“Based on a fair account of the complaint, there is no catechism that [AIH] fraudulently induced Confie to acquirement AIH’s arrangement of managing accepted agencies,” Confie says in its response.
Confie is suing Flowers, AIH administrator Eric Rahe and several added individuals associated with both companies for declared assorted violations of the Balance Exchange Act and accepted law fraud.
Confie is one of the nation’s better claimed and bartering allowance brokers, and admits in the acknowledgment that it is “as defendants accept acicular out several times … a adult and accomplished client of insurance-related businesses.”
In the countdown to Confie’s acquirement of the allowance network, AIC had been struggling. In 2014, Flowers was affected to inject $30 actor to accumulate AIC’s Accident Based Capital Arrangement at 200 percent, the bald minimum allowable by the Illinois Department of Allowance for best insurers, and the IDOI connected to watch the aggregation carefully throughout 2015, according to Confie’s complaint.
Confie purchased the allowance in June 2015 through a Stock and Asset Acquirement Agreement, accordant to pay almost $85 actor for the allowance itself and to inject $20 actor into the ailing AIC to accumulate its Accident Based Capital Arrangement aloft 200 percent. As allotment of the deal, Confie appropriate a active acceptance from AIC’s CFO advertence that the $20 actor would be abundant to advance the arrangement aloft 200 percent and abstain defalcation by IDOI.
Confie says in the acknowledgment that it “makes no accomplishment to pretend as if it anticipation AIC were a advantageous company,” which is why “Confie would alone able the auction if it accustomed the affidavit affiance that AIC would accept abundant banknote to survive for at atomic one or two years, which would accept accustomed Confie an able bulk of time to plan about AIC’s accessible demise.”
Confie alleges AIC’s CFO aria on the acceptance at Flowers’ behest, and says that anon afterwards the accord closed, Confie accomplished that AIC’s RBC Arrangement was still able-bodied abbreviate of 200 percent alike with the $20 actor infusion.
IDOI placed AIC into receivership in September 2015 and AIH filed for defalcation one ages later, abrogation Confie to “sift through the smoker ashes” of the aggregation and “try to deliver some bulk from its purchase,” the acknowledgment says. Confie filed its clothing in July.
“Confie knew which questions to ask to actuate whether the accident of accident AIC was acceptable,” the acknowledgment continues. “Unfortunately, AIH apace lied. No bulk of composure can unring the alarm already a agent of balance decides to artlessly lie to ambush a client into a purchase.”
Flowers says Confie was able-bodied acquainted of the accident it was demography in purchasing the allowance network, accepting bought a altered allowance arrangement from AIH in 2013. That actuality was “curiously bare from Confie’s complaint,” Flowers says in its motion to dismiss.
Flowers says AIH’s Form 10-K, an anniversary achievement address filed with the U.S. Balance and Exchange Commission, acclaimed there was “substantial agnosticism about the company’s adeptness to abide as a activity concern” in 2014.
Flowers says the “alleged misrepresentations” don’t acceleration to the standards appropriate by the Exchange Act to prove fraud, and additionally says Confie can’t prove that Flowers “controlled” AIH, amid added things, and that the clothing should accordingly be tossed.
Confie maintains that it’s pled affluence of facts in its complaint to sustain the artifice and Exchange Act violations claims, calling its clothing a “textbook case of balance fraud.”
None of the parties complex responded to requests for animadversion on Tuesday.
Confie is represented by Michael C. Kasdin, Seth E. Darmsdadter and Matthew R. Lasky of Michelman & Robinson LLP.
Flowers is represented James B. Heaton of Bartlit Beck Herman Palenchar & Scott LLP.
Eric Rahe is represented by Jason M. Rosenthal of Honigman Miller Schwartz and Cohn LLP and Joseph S. Allerhand, Amanda K. Pooler, Paul Dutka and Andrew Blumberg of Weil Gotshal & Manges LLP.
The case is Confie Seguros Holding II Co. v. J.C. Flowers & Co. LLC et al., case cardinal 17-cv-05166, in the U.S. District Cloister for the Northern District of Illinois.
–Editing by Jill Coffey.
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