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South Carolina Postpones Hearing on Atlantic Coast Life Insurance

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Courtroom Hearing on Insurance

News Summary

Regulators in South Carolina have delayed a vital hearing concerning Atlantic Coast Life Insurance’s ability to issue new policies. Initially scheduled for Friday, the hearing is now set for Wednesday, amidst concerns over the insurer’s financial health and its connection to troubled reinsurance entities. The state has already banned the company from writing new life policies, reflecting broader worries about the financial condition of Atlantic Coast and its owner, Advantage Capital Partners. The outcome of the upcoming hearing may profoundly affect both policyholders and the operational future of the insurer.

South Carolina regulators have postponed a crucial hearing regarding Atlantic Coast Life Insurance’s ability to continue offering new policies. Originally set for Friday, the hearing will now take place on Wednesday. This meeting is essential in determining the future of the insurance company, which is owned by Advantage Capital Partners (A-Cap).

Concerns regarding Atlantic Coast’s financial condition have prompted South Carolina authorities to ban the insurer from writing any new life policies, effective December 31, 2024. This prohibition extends to Southern Atlantic Re, another A-Cap-owned entity. Chief Administrative Law Judge Ralph King Anderson III intervened on December 30, issuing a stay of the regulatory ban to prevent potential irreparable harm to the company and its policyholders.

A-Cap has encountered similar issues with its other insurance subsidiary, Sentinel Security Life Insurance Co., which is based in Utah. Like Atlantic Coast, Sentinel Security has been prohibited from writing new business starting December 31 due to significant financial difficulties identified by Utah insurance regulators.

Judge Anderson raised skepticism concerning the South Carolina Department of Insurance’s assertion of Atlantic Coast’s financial instability. The regulators have suggested that Atlantic Coast shifted obligations to 777 Re, Ltd., a reinsurance company in Bermuda that has lost its license, contributing to the insurer’s perceived financial weakness. However, Anderson emphasized that the insolvency of one reinsurance firm does not undeniably classify Atlantic Coast as financially unsound.

Representatives from A-Cap argue that Atlantic Coast continues to meet its financial responsibilities and has maintained a positive cash flow. In light of the financial concerns, the South Carolina Department of Insurance had placed Atlantic Coast and Southern Atlantic Re under confidential supervision.

In a previous order issued in April, the Department noted issues with Atlantic Coast’s reliance on problematic reinsurance sources, including 777 Re. Initially, Atlantic Coast reported a robust risk-based capital ratio of 1,353%, but this figure was later adjusted to a concerning negative -19,700%. Such fluctuations have raised alarms among regulators, triggering mandatory preventive and corrective actions based on the insurers’ compliance with capital sufficiency under South Carolina’s Risk-Based Capital regulations.

A-Cap is not facing scrutiny solely in South Carolina; Utah regulators have issued similar orders pertaining to Sentinel Security Life and associated companies, Haymarket Insurance Co. and Jazz Reinsurance Co., each facing hazardous financial assessments. A hearing regarding A-Cap’s appeal of the order in Utah is scheduled for March.

As the hearing in South Carolina approaches, stakeholders remain apprehensive about the future of Atlantic Coast Life Insurance and its capacity to provide new policies amidst ongoing financial challenges. The outcome of this hearing could significantly impact both policyholders and the operational framework of the affected companies.

Overall, the regulatory actions taken by both states reflect a wider concern regarding the financial health of A-Cap and its subsidiaries, as scrutiny intensifies on their operational practices and financial reporting. The situation remains fluid, highlighting the interplay between regulatory oversight and the insurance industry’s stability.

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