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Ambac Defeats Abstract Judgment Movement and Obtains Trial Date in Fraud Case Towards Countrywide and Financial institution of America


Sep 3, 2022

NEW YORK–(BUSINESS WIRE)–Ambac Monetary Group (NYSE: AMBC), a monetary providers holding firm whose subsidiaries embody Ambac Assurance Company (“Ambac”), introduced that on August 29, 2022, the Supreme Court docket of the State of New York issued a call denying Countrywide’s movement for abstract judgment within the case entitled Ambac Assurance Company and the Segregated Account of Ambac Assurance Company v. Countrywide House Loans, Inc., Countrywide Securities Corp., Countrywide Monetary Corp., and Financial institution of America Corp. (Supreme Court docket of the State of New York, County of New York, Case No. 653979/2014, filed on December 30, 2014).

Ambac is happy with the Court docket’s determination to permit its fraud case in opposition to Countrywide and Financial institution of America to go ahead to trial in entrance of a jury. Trial is scheduled to begin in January 2024, though the Court docket indicated that it could reschedule the trial for an earlier time if its calendar permits. By this case, Ambac seeks to show that Countrywide made false and deliberately deceptive representations to Ambac about, amongst different issues, its mortgage origination practices and the purported high quality of its mortgage loans. Ambac seeks to get better tons of of thousands and thousands of {dollars} in losses, in addition to punitive damages.

Along with this case, Ambac continues to pursue further claims in opposition to Financial institution of America and associated entities within the instances entitled Ambac Assurance Company and The Segregated Account of Ambac Assurance Company v. Countrywide Securities Corp., Countrywide Monetary Corp. (a.okay.a. Financial institution of America House Loans) and Financial institution of America Corp. (Supreme Court docket of the State of New York, County of New York, Case No. 651612/2010, filed on September 28, 2010), during which trial will start on September 7, 2022, and Ambac Assurance Company and The Segregated Account of Ambac Assurance Company v. First Franklin Monetary Company, Financial institution of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Inc., Merrill Lynch Mortgage Lending, Inc., and Merrill Lynch Mortgage Traders, Inc. (Supreme Court docket of the State of New York, County of New York, Case No. 651217/2012, filed April 16, 2012).

The August 29, 2022, determination won’t impression the estimated subrogation recoveries on Ambac’s stability sheet, which relate solely to contract-based litigation claims and to not fraud claims.

About Ambac

Ambac Monetary Group, Inc. (“Ambac” or “AFG”) is a monetary providers holding firm headquartered in New York Metropolis. Ambac’s core enterprise is a rising specialty P&C distribution and underwriting platform. Ambac additionally has a legacy monetary warranty enterprise in run off. Ambac’s widespread inventory trades on the New York Inventory Trade beneath the image “AMBC”. Ambac is dedicated to offering well timed and correct data to the investing public, per our authorized and regulatory obligations. To that finish, we use our web site to convey details about our companies, together with the anticipated launch of quarterly monetary outcomes, quarterly monetary, statistical and business-related data. For extra data, please go to www.ambac.com.

The Amended and Restated Certificates of Incorporation of Ambac accommodates substantial restrictions on the power to switch Ambac’s widespread inventory. Topic to restricted exceptions, any tried switch of widespread inventory shall be prohibited and void to the extent that, on account of such switch (or any collection of transfers of which such switch is a component), any individual or group of individuals shall grow to be a holder of 5% or extra of Ambac’s widespread inventory or a holder of 5% or extra of Ambac’s widespread inventory will increase its possession curiosity.

Ahead-Wanting Statements

On this press launch, statements that will represent “forward-looking statements” inside the that means of the protected harbor provisions of the Personal Securities Litigation Reform Act of 1995. Phrases akin to “estimate,” “undertaking,” “plan,” “imagine,” “anticipate,” “intend,” “deliberate,” “potential” and comparable expressions, or future or conditional verbs akin to “will,” “ought to,” “would,” “may,” and “might,” or the unfavourable of these expressions or verbs, establish forward-looking statements. We warning readers that these statements should not ensures of future efficiency. Ahead-looking statements should not historic info however as a substitute characterize solely our beliefs concerning future occasions, which can by their nature be inherently unsure and a few of which can be exterior our management. These statements might relate to plans and goals with respect to the longer term, amongst different issues which can change. We’re alerting you to the likelihood that our precise outcomes might differ, probably materially, from the anticipated goals or anticipated outcomes that could be instructed, expressed or implied by these forward-looking statements. Necessary components that would trigger our outcomes to vary, probably materially, from these indicated within the forward-looking statements embody, amongst others, these mentioned beneath “Threat Components” in our most up-to-date SEC filed quarterly or annual report.

All or any of administration’s forward-looking statements right here or in different publications might change into incorrect and are primarily based on administration’s present perception or opinions. Ambac Monetary Group’s (“AFG”) and its subsidiaries’ (collectively, “Ambac” or the “Firm”) precise outcomes might range materially, and there aren’t any ensures concerning the efficiency of Ambac’s securities. Amongst occasions, dangers, uncertainties or components that would trigger precise outcomes to vary materially are: (1) the extremely speculative nature of AFG’s widespread inventory and volatility within the worth of AFG’s widespread inventory; (2) uncertainty in regards to the Firm’s capability to attain worth for holders of its securities, whether or not from Ambac Assurance Company (“AAC”) and its subsidiaries or from the specialty property and casualty program insurance coverage enterprise, the distribution enterprise, or associated companies; (3) the shortcoming of AAC to appreciate the anticipated recoveries, together with RMBS litigation recoveries, included in its monetary statements, or modifications in estimated RMBS litigation recoveries over time; (4) failure to get better claims paid on Puerto Rico exposures or realization of losses in quantities larger than anticipated; (5) inadequacy of reserves established for losses and loss bills and risk that modifications in loss reserves might lead to additional volatility of earnings or monetary outcomes; (6) potential for rehabilitation proceedings or different regulatory intervention in opposition to AAC; (7) credit score danger all through Ambac’s enterprise, together with however not restricted to credit score danger associated to insured residential mortgage-backed securities, scholar mortgage and different asset securitizations, public finance obligations (together with dangers related to Chapter 9 and different restructuring proceedings), issuers of securities in our funding portfolios, and exposures to reinsurers; (8) our incapability to successfully cut back insured monetary assure exposures or obtain recoveries or funding goals; (9) our incapability to generate the numerous amount of money wanted to service our debt and monetary obligations, together with by way of litigation recoveries or disposition of property, and our incapability to refinance our indebtedness; (10) Ambac’s substantial indebtedness may adversely have an effect on its monetary situation and working flexibility; (11) Ambac might not be capable of acquire financing or elevate capital on acceptable phrases or in any respect resulting from its substantial indebtedness and monetary situation; (12) the impression of catastrophic public well being, environmental or pure occasions, together with occasions just like the COVID-19 pandemic, or world or regional conflicts, on important parts of our insured portfolio; (13) credit score dangers associated to giant single dangers, danger concentrations and correlated dangers; (14) dangers related to hostile choice as Ambac’s monetary assure insurance coverage portfolio runs off; (15) the chance that Ambac’s danger administration insurance policies and practices don’t anticipate sure dangers and/or the magnitude of potential for loss; (16) restrictive covenants in agreements and devices that impair Ambac’s capability to pursue or obtain its enterprise methods; (17) hostile results on working outcomes or the Firm’s monetary place ensuing from measures taken to scale back monetary assure dangers in its insured portfolio; (18) disagreements or disputes with Ambac’s insurance coverage regulators; (19) lack of management rights in transactions for which we offer monetary assure insurance coverage; (20) hostile tax penalties or different prices ensuing from the characterization of the AAC’s surplus notes or different obligations as fairness; (21) dangers attendant to the change in composition of securities within the Ambac’s funding portfolio; (22) hostile impacts from modifications in prevailing rates of interest; (23) occasions or circumstances that outcome within the impairment of our intangible property and/or goodwill that was recorded in reference to Ambac’s acquisition of 80% of the membership pursuits of Xchange Advantages, LLC; (24) dangers related to the anticipated discontinuance of the London Inter-Financial institution Supplied Charge; (25) components that will negatively affect the quantity of installment premiums paid to Ambac; (26) dangers referring to determinations of quantities of impairments taken on investments; (27) the chance of litigation and regulatory inquiries or investigations, and the chance of hostile outcomes in connection therewith; (28) actions of stakeholders whose pursuits should not aligned with broader pursuits of Ambac’s stockholders; (29) system safety dangers, knowledge safety breaches and cyber assaults; (30) regulatory oversight of Ambac Assurance UK Restricted (“Ambac UK”) and relevant regulatory restrictions might adversely have an effect on our capability to appreciate worth from Ambac UK or the quantity of worth we in the end notice; (31) failures in providers or merchandise supplied by third events; (32) our incapability to draw and retain certified executives, senior managers and different staff, or the lack of such personnel; (33) fluctuations in overseas foreign money trade charges; (34) failure to appreciate our enterprise growth plans or failure of such plans to create worth; (35) larger competitors for our specialty property & casualty program insurance coverage enterprise; (36) loss or decreasing of the AM Greatest ranking for our property and casualty insurance coverage firm subsidiaries; (37) disintermediation inside the insurance coverage trade or larger competitors that negatively impacts our managing normal company/underwriting enterprise; (38) modifications in regulation or within the functioning of the healthcare market that impair the enterprise mannequin of our accident and well being managing normal underwriter; and (39) different dangers and uncertainties that haven’t been recognized right now.

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