A class action has been filed in the Southern District Court of New York against Axis Capital Holdings, Ltd. (NYSE: AXS) and certain of its officers and directors by stockholders who purchased the company's common stock between August 6, 2003 and October 14, 2004. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.
Specifically, the complaint charges Axis, Michael A. Butt, Andrew Cook, and John R. Charman with violations of the Securities Exchange Act of 1934. More specifically, the Complaint alleges that the Company failed to disclose and misrepresented the following material facts which were known to them: (1) that AXIS entered into illegal "contingent commission agreements" with insurance companies to pay so-called "contingent commissions;" (2) that AXIS concealed these "contingent commissions" and such "contingent commission agreements," thereby subjecting defendants to various violations of applicable principles of fiduciary law, and that as a result, defendants overstated and artificially inflated AXIS' earnings, income, and earnings per share.
On October 14, 2004, New York Attorney General Elliot Spitzer announced that he had charged several of the nation's largest insurance companies and the largest broker with bid rigging and pay-offs that he claimed violated fraud and competition laws. On this news, shares of AXIS fell $1.69 per share, or 6.53 percent, to close at $24.20 per share.