UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported):
May 4, 2006
Acceptance Insurance Companies Inc.
(Exact name of registrant as specified in its charter)
Delaware | 1-7461 | 31-0742926 | ||||||
(State of Incorporation) | (Commission File Number) | (IRS Employer Identification Number) |
300 West Broadway Suite 1600 Council Bluffs, Iowa | 51503 | |||||||
(Address of principal executive offices) | (Zip Code) |
(712) 329-3600 | ||||||||
(Registrant’s telephone number, including area code) |
Not applicable | ||||||||
(Former name or former address, if changed since last report) |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 8.01. Other Events
On January 7, 2005, Acceptance Insurance Companies Inc. (the “Company” or “AICI”) filed a voluntary petition (“Bankruptcy Case”) under Chapter 11 of Title 11 of the United States Code in the United States Bankruptcy Court for the District of Nebraska (the “Bankruptcy Court”). Additionally, two Company subsidiaries, Acceptance Insurance Services, Inc. and American Agrisurance, Inc., filed voluntary petitions under Chapter 7 of the Bankruptcy Code on January 7, 2005 in the same venue. The Company will remain in possession of its assets and properties, and continue to operate its businesses and manage its properties as debtors-in-possession pursuant to Sections 1107(a) and 1108 of the Bankruptcy Code.
On January 26, 2005, the Company submitted to the Securities and Exchange Commissioner (the “SEC”) a statement of intention to file monthly operating reports (the “Monthly Reports”), which it is required to file with the U.S. Bankruptcy Trustee and the Bankruptcy Court in connection with the Bankruptcy Case, during the pendency of the Bankruptcy Case in lieu of certain reports it would otherwise file as required by the Securities Exchange Act of 1934, as amended. The Company’s Monthly Report for April 2006 was filed by the Company with the Bankruptcy Court on May 4, 2006, and is filed herewith as Exhibit 99.1.
The investment in Acceptance Insurance Company is a significant asset of Acceptance Insurance Companies Inc. Acceptance Insurance Company remains under the supervision of the Nebraska Department of Insurance (“NDOI”) and reports its financials to the NDOI under statutory accounting principles. At December 31, 2005 Acceptance Insurance Company had reinsurance recoverables in dispute totaling $3.5 million. Of the $3.5 million in dispute, $3.3 million relates to one claim where the reinsurers have denied payment. Acceptance Insurance Company is currently in arbitration with 80% of the participating reinsurers on this claim. The arbitration is expected to conclude in the second or third quarter of 2006. Additionally, once the outcome of the arbitration is known, the Company will determine its course of action against the other 20% participating reinsurers on this claim. The ultimate outcome of this arbitration cannot be predicted at this time and an adverse outcome would have a significant negative impact to Acceptance Insurance Company’s statutory financial position and results of operations for 2006.
Item 9.01. Financial Statements and Exhibits.
(c) | Exhibits. |
(99.1) Monthly Operating Report filed by the Company with the United States Bankruptcy Court for the District of Nebraska on May 4, 2006.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Dated: May 4, 2006 | ACCEPTANCE INSURANCE COMPANIES INC. | |||||||||||||||
By: | /s/ John E. Martin | |||||||||||||||
John E. Martin, President and Chief Executive Officer |
INDEX TO EXHIBITS
Exhibit No. | Description | |
99.1 | Monthly Operating Report filed by the Company with the United States Bankruptcy Court for the District of Nebraska on May 4, 2006. |