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19-Dec-2019 23:58 by 6 Comments

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The third settlement agreement list on the FDIC’s website involves the failed Ocala National Bank of Ocala, Florida, which failed in January 2009.

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On the other hand, greater transparency will allow a more accurate assessment of what the FDIC’s claims have accomplished and could even afford some insight into the impact of the settlements on D&O insurers.In a detail that will be of interest to readers of this blog, it appears that First Priority’s D&O insurer is a party to the settlement agreement and that the insurer, despite apparently disputing whether there was coverage under its policy for the FDIC’s claim, agreed to fund the settlement in the amount of

On the other hand, greater transparency will allow a more accurate assessment of what the FDIC’s claims have accomplished and could even afford some insight into the impact of the settlements on D&O insurers.In a detail that will be of interest to readers of this blog, it appears that First Priority’s D&O insurer is a party to the settlement agreement and that the insurer, despite apparently disputing whether there was coverage under its policy for the FDIC’s claim, agreed to fund the settlement in the amount of $1,750,000.The insurer apparently received a policy release for its payment, subject to certain specified reservations.Details regarding these pre-suit settlements have also not been publicly disclosed.Perhaps as a reaction to the adverse publicity following the Los Angeles Times article, the FDIC has now added to its website a page on which it has listed at least some settlements with the apparent intention of having the page complete by the end of this month.The agency could face certain constraints in disclosing past settlements to the extent the parties to the settlements had reached understandings that the settlement would remain confidential.

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On the other hand, greater transparency will allow a more accurate assessment of what the FDIC’s claims have accomplished and could even afford some insight into the impact of the settlements on D&O insurers.

In a detail that will be of interest to readers of this blog, it appears that First Priority’s D&O insurer is a party to the settlement agreement and that the insurer, despite apparently disputing whether there was coverage under its policy for the FDIC’s claim, agreed to fund the settlement in the amount of $1,750,000.

The insurer apparently received a policy release for its payment, subject to certain specified reservations.

Details regarding these pre-suit settlements have also not been publicly disclosed.

Perhaps as a reaction to the adverse publicity following the Los Angeles Times article, the FDIC has now added to its website a page on which it has listed at least some settlements with the apparent intention of having the page complete by the end of this month.

The agency could face certain constraints in disclosing past settlements to the extent the parties to the settlements had reached understandings that the settlement would remain confidential.

,750,000.The insurer apparently received a policy release for its payment, subject to certain specified reservations.Details regarding these pre-suit settlements have also not been publicly disclosed.Perhaps as a reaction to the adverse publicity following the Los Angeles Times article, the FDIC has now added to its website a page on which it has listed at least some settlements with the apparent intention of having the page complete by the end of this month.The agency could face certain constraints in disclosing past settlements to the extent the parties to the settlements had reached understandings that the settlement would remain confidential.

Future settlement negotiations could be complicated to the extent that parties to the negotiations want to try to make confidentiality a condition of any possible settlement.

In a March 11, 2013 Los Angeles Times article entitled “In a Major Policy Shift, Scores of FDIC Settlements Go Unannounced” (here) critical of the agency, E.

Scott Rickard noted that the FDIC has “opted to settle cases while helping banks avoid bad press, rather than trumpeting punitive actions as a deterrent to others.” The article notes the agency’s willingness to agree, in connection with claims settlements, that the details of the settlements would not be disclosed except in response to a specific inquiry.

Indeed, the page itself says that the “initial posting of past settlements will occur on a rolling basis as they are processed with the goal to have recent settlement agreements posted by March 31, 2013.” The page also says that “will publish the terms and conditions of all settlements as they become available and the material will be updated on a monthly basis.” It will be interesting to monitor the page as the agency updates it in the coming days, in particular to see whether the agency posts the previously unavailable information about the litigates case settlements, and to see the extent to which the agency includes information regarding pre-litigation settlements.

The agency’s apparently new found interest in settlement transparency could pose some challenges.

The FDIC apparently filed a lawsuit against Willoughby, which Willoughby apparently agreed to settle for its payment of ,000.

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