Fin. Guar. Ins. Co. v. Putnam Advisory Co., LLC, No. 14-1673 (2d Cir. 2015)
Annotate this CaseFinancial Guaranty Insurance Company (FGIC) sued Putnam Advisory for fraud, negligent misrepresentation, and negligence, claiming that Putnam misrepresented its management of a collateralized debt obligation called Pyxis to induce FGIC to provide financial guaranty insurance for Pyxis. According to FGIC’s complaint, Putnam stated that it would select the collateral for Pyxis independently and in the interests of long investors (i.e., investors who profit when the investment succeeds), but in fact permitted the collateral selection and acquisition process to be controlled by a hedge fund that maintained significant short positions in Pyxis (i.e., investments that would pay off if Pyxis defaulted). Essentially, FGIC alleged that Putnam misrepresented the independence of its management of a structured finance product, which, upon default, caused FGIC millions of dollars in losses. The district court dismissed FGIC’s fraud claim on the ground that the complaint did not adequately plead loss causation and dismissed FGIC’s negligence claims on the ground that the complaint failed to allege a special or privity‐like relationship between FGIC and Putnam. The Second Circuit vacated, holding that FGIC sufficiently alleged both its fraud and negligence‐based claims.
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