Cayman Update: Transfers Of Insurance Business Without Approval By CIMA In Breach Of Section 31 Of The Insurance Act, 2010 Are Void Ab Initio

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Walkers is a leading international law firm which advises on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. From our 10 offices, we provide legal, corporate and fiduciary services to global corporations, financial institutions, capital markets participants and investment fund managers.
Premier Assurance Group SPC Ltd. was licensed to offer insurance products through one if its segregated portfolios, ...
Cayman Islands Insurance
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On 17 May 2023, the Honourable Justice Sir Anthony Smellie KC held in Premier Assurance Group SPC Ltd. (in Official Liquidation) v Providence Insurance Company I.I (for and on behalf of Premier Assurance Segregated Portfolio Puerto Rico SAP) and others that a transfer of insurance business made in breach of the requirement to obtain approval from the Cayman Islands Monetary Authority ("CIMA") pursuant to Section 31 of the Insurance Act, 2010 (the "Insurance Act") was void ab initio and of no legal effect. The decision is momentous as it was the first time that the Grand Court has determined the legal effect of non-compliant transactions under Section 31 of the Insurance Act.

Premier Assurance Group SPC Ltd. (in Official Liquidation) (the "Company") was licensed to offer insurance products through one if its segregated portfolios, Premier Assurance Segregated Portfolio ("PASP"), to a global market (with the exception of the United States, the Cayman Islands and the British Virgin Islands) under the Insurance Act. Upon the winding up of the Company on 19 April 2021, the Company's insurance licence was revoked by CIMA.

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