ACE Bermuda target of claim over satellite loss
Satellite TV company EchoStar Communications Corp. is pursuing an arbitration claim against Ace Bermuda Insurance Ltd. in London over the loss of a satellite in 1998 and expects the arbitration to begin later this year.
EchoStar said a separate arbitration hearing against other insurance carriers over the loss had already begun in New York, the company said in a quarterly report filed on Tuesday with the Securities and Exchange Commission.
The proceedings pertain to a total loss insurance claim of $219.3 million filed in September 1998 under policies covering the launch of the EchoStar IV satellite, according to the filing, Dow Jones Newswires said.
The insurance carriers offered EchoStar roughly $88 million, or 40 percent of the total policy amount, to settle the claim, the company said.
The insurers have asserted, among other things, that EchoStar IV wasn't a total loss as that term is defined in the policy and that EchoStar didn't abide by the exact terms of the insurance policies. The satellite provider, which said it strongly disagrees, filed arbitration claims against the insurers for breach of contract, failure to pay a valid insurance claim and bad faith denial of a valid claim, among other things, according to the filing.
The New York arbitration began April 28. EchoStar said it expects to complete its presentation of evidence this month, the filing said.
The arbitration will then adjourn temporarily and resume this fall, the filing said.
The parties to the London arbitration are currently negotiating a hearing schedule, and, EchoStar said, the company anticipates that the hearing date in that proceeding will be set for later in 2003.
Separately, EchoStar said that the launch and in-orbit insurance policies for EchoStar I through EchoStar VIII have expired.
As a result, EchoStar self-insures those satellites. As of March 31, cash reserved for satellite insurance totalled about $143 million, according to the filing.
