Scott Schoen

A US subsidiary of Bermuda-based Arch Capital Group Ltd. has become the latest insurer to seek to avoid having to pay out on an officers and directors liability policy regarding former officers of failed New York-based financial services group Refco.

A U. S. subsidiary of Bermuda-based XL Capital Ltd. is seeking to avoid having to pay the costs of defending former officers and directors of scandal-plagued commodities and futures broker Refco Inc. in a slew of litigation brought by parties who claim they were defrauded. XL Specialty Insurance Company, which is incorporated in Delaware and based in Hartford, Connecticut, claims an insurance policy it issued does not cover such losses because Refco was involved in fraudulent conduct before the policy became effective but hid the activity from XL.

The Cayman liquidators of an offshore hedge fund group that collapsed as a result of a scandal at commodities and futures broker Refco are seeking more than $263 million in damages, fees and costs against multiple defendants, including the funds' auditor PricewaterhouseCoopers (Cayman). Kenneth Krys and Christopher Stride filed a complaint at the Supreme Court of the State of New York, County of New York on March 5, 2008, which was transferred by the defendants to the U. S. District Court for the Southern District of New York on March 26, 2008.