JP Morgan accuses WestLB on $165m Enron swap
JP Morgan Chase has accused WestLB of failing to make payment on a $165 million letter of credit (l/c) backing an Enron-related swap. JP Morgan Chase made the dispute public, though it did not name West LB, instead merely referring to “a European financial institution”, yesterday. A person familiar with the situation said the l/c provider was WestLB.
JP Morgan officials declined to comment beyond what is contained in the lawsuit. But people familiar with the situation said that Enron came to the bank with the insurance already lined up. JP Morgan would not have entered into the deals with the now-bankrupt energy trader except had it not been for the surety bonds, these sources added.
Marc Shapiro, head of risk management at the bank, held a conference call Thursday. “Obviously this was a surprise to us because we expected [the surety bonds and l/c] to be promptly paid,” Shapiro said. “It is our expectation that we will ultimately be paid on these,” he added.
The fallout from the insurers’ alleged non-payment could further damage multiline insurers’ attempts to expand their financial market business. Many believe the Hollywood Funding case earlier this year, in which a subsidiary of AIG refused to pay on a contract backing some film finance bonds, set a bad precedent. Speaking at Risk magazine’s Alternative Risk Strategies conference in September, Tobey Russ, president of Chubb Financial Solutions, said, “The film finance deals have been a stumbling block for the whole industry.”
Indeed, during Thursday’s conference call, JP Morgan’s Shapiro said the firm was reviewing its use of surety bonds as collateral and that it would be unlikely to use them in the future.
JP Morgan’s share of the disputed insurance payment is $965 million. The insurance contracts were payable today; the letter of credit was payable at an earlier date. WestLB officials were not immediately available for comment.
The lawsuit names the following insurance companies: Hartford Fire Insurance, Liberty Mutual Insurance, Safeco Insurance Company of America, St Paul Fire and Marine, Continental Casualty, Fireman’s Fund Insurance (an Allianz subsidiary), Federal Insurance (a Chubb subsidiary), Lumberman’s Mutual (a Kemper subsidiary), Travelers Indemnity and Travelers Casualty and Surety.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
Market doesn’t share FSB concerns over basis trade
Industry warns tougher haircut regulation could restrict market capacity as debt issuance rises
FCMs warn of regulatory gaps in crypto clearing
CFTC request for comment uncovers concerns over customer protection and unchecked advertising
UK clearing houses face tougher capital regime than EU peers
Ice resists BoE plan to move second skin in the game higher up capital stack, but members approve
ECB seeks capital clarity on Spire repacks
Dealers split between counterparty credit risk and market risk frameworks for repack RWAs
FSB chief defends global non-bank regulation drive
Schindler slams ‘misconception’ that regulators intend to impose standardised bank-like rules
Fed fractures post-SVB consensus on emergency liquidity
New supervisory principles support FHLB funding over discount window preparedness
Why UPIs could spell goodbye for OTC-Isins
Critics warn UK will miss opportunity to simplify transaction reporting if it spurns UPI
EC’s closing auction plan faces cool reception from markets
Participants say proposal for multiple EU equity closing auctions would split price formation