- 53 - approximately eight operating subsidiaries provided goods and services required by their independent retail grocery store owner customers. During 1977, Malone & Hyde incorporated Eastland Insurance, Ltd. (Eastland) as a wholly owned Bermuda captive insurance company to provide insurance for itself and its subsidiaries at less cost than was available from third-party insurers. Eastland was capitalized at $120,000, the minimum statutory requirement pursuant to Bermuda's insurance law. Malone & Hyde, Inc. v. Commissioner, 62 F.3d at 836. Malone & Hyde decided that initially Eastland only would reinsure selected risks of the parent and the subsidiaries. Accordingly, Eastland agreed to reinsure the first $150,000 of each workers' compensation, auto liability, and general liability claim primarily insured by Northwestern National Insurance Co. (Northwestern). Eastland provided Northwestern with an irrevocable letter of credit, initially in the amount of $250,000 but subsequently increased to $600,000, to cover amounts unpaid under the reinsurance agreement. Additionally, Malone & Hyde executed hold harmless agreements wherein it agreed to indemnify Northwestern against any liability in the event that Eastland defaulted on its reinsurance obligations. Malone & Hyde paid insurance premiums to Northwestern and Northwestern in turn paid Eastland reinsurance premiums for the insurance risks assumed by Eastland. Malone & Hyde allocated to the operating subsidiariesPage: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
Last modified: May 25, 2011