Log In

Reset Password

Contrary to public interest, says advocacy group

Research (CIR), argues that the settlement agreement's approval by the Supreme Judicial Court is "contrary to the public interest'' of Massachusetts.

In urging the court to reject the petition, they called for a public evidentiary hearing before a special master to determine, and report back to the court, whether or not the settlement agreement will be in the public interest.

The CIR allege the Commissioner of Insurance, Linda Ruthardt, mishandled the EMLICO matter, before and after the redomestication, and has harmed the integrity of the insurance regulatory process of Massachusetts. They say court approval of her petition "would sanction, not redress, that harm.'' They said: "There is strong evidence that the commissioner improperly gave EMLICO special treatment during the division's consideration of EMLICO's redomestication application and failed to enforce Massachusetts law and sacrificed the interest of the Commonwealth solely to benefit a large and politically well-connected corporation.'' CIR said the EMLICO redomestication application was rushed through, taking less than a month, and without the commissioner questioning the move to Bermuda, or a lot of the circumstances surrounding it.

CIR is concerned how the commissioner failed to question why GE was so concerned about the solvency of EMLICO, with a stated surplus of $230 million, that it moved all of the good business into EIC. And why was there no questioning about the lack of reserves for the pollution claims GE was making.

CIR said the commissioner's actions and inaction were highly questionable following the company's move and compromised the regulatory process.

The Center complains of the secretive and closed-door process used by the commissioner of insurance in a number of matters involving EMLICO.

But they also state: "Several of (Massachusetts) Governor Weld's former top aides have been employed or retained by GE and its affiliates, and at least two of those top aides are actively involved in the GE group's efforts to prevent the repatriation of EMLICO to Massachusetts.

"GE's employment of these individuals, and their active roles in the EMLICO matter, only serve to further erode the public's confidence in the independence of the commissioner and her handling of the EMLICO matter.'' CIR called for a public investigation to allay concerns "as to whether GE used these former aides to inappropriately influence the regulatory process to its benefit.'' They say the proposed settlement with GE and the joint liquidators attempts "to cover up and make final the flawed action undermining the integrity of the process.'' COURTS CTS