KMG America Announces Settlement of Litigation with ING
08 Mayo 2007 - 10:09AM
Business Wire
KMG America Corporation (the �Company� or �KMG America�) (NYSE:KMA)
today announced that on Friday, May 4, 2007, it entered into a
settlement agreement resolving all claims in the previously
disclosed suit by subsidiaries of ING America U.S. Pursuant to the
settlement agreement, the Company will make a cash payment of
$825,000 to ING in total settlement of all claims in the second
quarter of 2007. The amount paid by the Company in settlement of
the litigation is less than the amount of defense costs the Company
expected to pay through trial of the litigation. The Company has
been advised by the insurance carrier for its primary directors and
officers insurance policy that the insurance carrier will reimburse
the Company for only a portion of the amount paid by the Company in
settlement of the litigation. The Company disputes the insurance
carrier�s decision and will pursue additional reimbursement from
the insurance carrier under the insurance policy. While the cash
payment will be made in the second quarter of 2007, the Company is
evaluating its accounting for the settlement amount in light of the
timing of the settlement. It may conclude that an accrual for such
amount in the first quarter of 2007 is appropriate. Such an accrual
was not reported in the Company�s first quarter 2007 earnings
release issued on May 7, 2007. If the Company determines that a
first quarter accrual is appropriate, it will be reflected in the
financial statements to be filed in the Company�s quarterly report
on Form 10-Q for the quarter ended March 31, 2007, that will be
filed with the SEC later this week. In addition, such an accrual
was not reflected in the Company�s Quarterly Statistical Supplement
for First Quarter, 2007, that was posted on the Company�s website
on May 7, 2007. Once a final determination has been made, the
Company will, if necessary, post a revised Quarterly Statistical
Supplement for First Quarter 2007 on its website. ABOUT KMG AMERICA
CORPORATION KMG America is a holding company that was formed to
acquire the Southeastern regional insurance company, Kanawha
Insurance Company, and to operate and grow Kanawha's insurance and
other related businesses nationwide. KMG America offers a broad mix
of individual and group insurance products and stop-loss coverage
along with third-party administration services to employers and to
working Americans. For more information visit: www.kmgamerica.com.
FORWARD LOOKING INFORMATION This press release contains
forward-looking statements that are made pursuant to the safe
harbor provisions of the Private Securities Litigation Reform Act
of 1995. The accuracy of such statements is subject to a number of
risks, uncertainties and assumptions that may cause the Company�s
actual results to differ materially from those expressed in the
forward-looking statements including, but not limited to:
implementation of its business strategy; hiring and retaining key
employees; predicting and managing claims and other costs;
fluctuations in its investment portfolio; financial strength
ratings of its insurance subsidiary; government regulations,
policies and investigations affecting the insurance industry;
competitive insurance products and pricing; reinsurance costs;
fluctuations in demand for insurance products; possible
recessionary trends in the U.S. economy; and other risks that are
detailed from time to time in reports filed by the Company with the
Securities and Exchange Commission. The Company assumes no
obligation to publicly update or revise any forward-looking
statements.
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