Hearing Scheduled for May 28, 2010
Pursuant to M.G.L. Chapter 175, § 206B, an application has been made to the Massachusetts Commissioner of Insurance (the "Commissioner") by Tower Group, Inc. and Tower Insurance Company of New York (collectively the "Applicants") for approval of a proposal to acquire control of Massachusetts Homeland Insurance Company, a Massachusetts-domiciled insurance company (the "Insurer"). The Applicants propose to acquire control of the Insurer in accordance with the terms of a Purchase Agreement, dated February 2, 2010, by and among OneBeacon Insurance Group, LTD., OneBeacon Insurance Group, LLC, OneBeacon America Insurance Company, The Employers' Fire Insurance Company, The Camden Fire Insurance Association, Homeland Insurance Company of New York, OneBeacon Insurance Company, OneBeacon Midwest Insurance Company, Pennsylvania General Insurance Company, The Northern Assurance Company of America and Tower Group, Inc.
The Commissioner will conduct a public hearing pursuant to M.G.L. c. 175, § 206B to determine whether to approve the proposed acquisition of control. The hearing will commence on May 28, 2010, at 10:00 a.m. at the offices of the Division of Insurance, 1000 Washington Street, Boston, Massachusetts 02118-6200. Documents filed in connection with this proposed acquisition of control are available for public inspection at the Division of Insurance, 1000 Washington Street, Suite 810, Boston, Massachusetts 02118-6200.
The purpose of this public hearing is to afford those persons identified in M.G.L. c. 175, § 206B(d)(2) the opportunity to present evidence, to examine and cross-examine witnesses, to offer oral and written arguments and to conduct discovery proceedings in the same manner as in the Superior Court Department of the Trial Court. Any discovery proceedings shall be concluded no later than May 24, 2010.
Any person identified in M.G.L. c. 175, § 206B(d)(2) who wishes to participate in the May 28, 2010 hearing must submit, on or before May 21, 2010, a Notice of Intent to Participate, setting forth the statutory basis for participation. The Notice of Intent to Participate must specify the basis for the asserted interest in the proposed acquisition of control, if applicable, as well as whether the person intends to make an oral statement, present evidence, cross-examine witnesses, or engage in discovery.
If the Commissioner determines that a person's interest may be affected by the proposed acquisition of control, that person may participate at the hearing following presentations by the Applicants and/or the Insurer, and before any other persons the Commissioner may recognize at the hearing. The length of any oral statements, presentations of evidence or examination of witnesses, may be limited at the discretion of the Commissioner. Written argument may be submitted at any time prior to the conclusion of the hearing.
All submissions, including the written Notice of Intent to Participate, must be sent to: Docket Clerk, Hearings and Appeals, Division of Insurance, 1000 Washington Street, Suite 810, Boston, MA 02118-6200, and must refer to Docket No. F2010-02.
|Dated May 7, 2010||________________________________|
Joseph G. Murphy
|Commissioner of Insurance|