Massachusetts AG asked to probe EMLICO
investigation into Bermuda-based Electric Mutual Liability Insurance Company (EMLICO), the General Electric Co. insurer whose controversial move to Bermuda and current liquidation is hotly contested by its reinsurers.
Massachusetts Senate chairman of the Joint Committee of Insurance, Dianne Wilkerson, has written to the state's attorney general, L. Scott Harshbarger, asking for urgent action.
Her committee has raised concerns about the handling of the EMLICO matter by state regulators, the Division of Insurance (DOI). In Senate oversight hearings she convened in October, the state senator personally grilled DOI commissioner, Linda Ruthardt.
This month she wrote to Mr. Harshbarger: "The committee remains more than a bit concerned about the Division's insistence on conducting a private investigation (into EMLICO and GE-related company, Electric Insurance Company).
"It was a private investigation (into EMLICO), in part, which led to the current fiasco we are all facing. What is clear is that the Division is either unwilling or incapable of conducting a public hearing.
"This entire process is troubling for what it suggests. In any event, the integrity of the regulatory process has been compromised.'' Sen. Wilkerson said that she had tried, without success, to get the DOI to re-open EMLICO hearings and make them public. She said that every day of delay allows the company's liquidation in Bermuda to continue.
She continued: "If the Division is unwilling to conduct such a public hearing, then perhaps, the Attorney General's office intervention to conduct a full investigation is warranted.
"I am writing to ask you to seriously consider stepping in to conduct an investigation. Perhaps, the appointment of an independent, special assistant Attorney General would be appropriate.
"I am willing to make available all of the documents that I have on this matter. Time is of the essence.'' The EMLICO liquidators in Bermuda are David Lines and Peter Mitchell of Coopers & Lybrand in Bermuda, Cooper & Lines.