UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington D.C. 20549
SCHEDULE 13D
Under the Securities Exchange Act of 1934
NYMAGIC, Inc.
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(Name of Issuer)
Common Stock, $1.00 Par Value
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(Title of Class of Securities)
629484 10 6
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(CUSIP Number)
Robert G. Simses
Cummings & Lockwood
140 Royal Palm Way, Suite 205
Palm Beach, FL 33480
(561) 659-1250
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(Name, Address and Telephone Number of Person Authorized to Receive Notices and
Communications)
March 31, 2000
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(Date of Event which Requires Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to
report the acquisition which is the subject of this Schedule 13D, and is filing
this Schedule because of Rule 13d-1(b)(3) or (4), check the following box [__]
Page 1 of 5 pages
<PAGE>
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CUSIP No. 629484 10 6 Page 2 of 5 Pages
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1 NAME OF REPORTING PERSON
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
Robert G. Simses
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2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (See Instructions)
(a) |X|
(b) |_|
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3 SEC USE ONLY
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4 SOURCE OF FUNDS (See Instructions)
OO
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5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT
TO ITEMS 2(d) or 2(e) |_|
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6 CITIZENSHIP OR PLACE OF ORGANIZATION
United States
- ------------------------- -------- --------------------------------------------
7 SOLE VOTING POWER
NUMBER OF 0
-------- --------------------------------------------
SHARES 8 SHARED VOTING POWER
BENEFICIALLY
OWNED BY 733,944
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EACH 9 SOLE DISPOSITIVE POWER
REPORTING
PERSON 0
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WITH 10 SHARED DISPOSITIVE POWER
733,944
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11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
733,944
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12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN
SHARES (See Instructions) |_|
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13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
7.79%
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14 TYPE OF REPORTING PERSON (See Instructions)
IN
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<PAGE>
Page 3 of 5
Introduction
This Schedule is being filed in order to report the transfer of 366,972
shares of common stock, $1.00 par value ("Common Stock"), of NYMAGIC, Inc., a
New York corporation (the "Issuer"), from Louise B. Tollefson ("L. Tollefson")
to the Louise B. Tollefson Charitable Lead Annuity Trust dated 3/30/00 (the "LBT
Trust") and 366,972 shares of Common Stock from Bennett H. Tollefson ("B.
Tollefson") to the Bennett H. Tollefson Charitable Lead Unitrust dated 3/30/00
(the "BHT Trust"). The beneficiaries of the LBT Trust and the BHT Trust
(collectively, the "Trusts") are all charitable in nature, and the co-trustees
of each of the Trusts are First Union National Bank and Robert G. Simses
("Simses"). The transfers described above were effected on March 31, 2000.
Item 1. Security and Issuer.
The class of equity securities to which this Schedule relates is the
Issuer's Common Stock, $1.00 par value. The Issuer is NYMAGIC, Inc., a New York
corporation, and its principal executive offices are located at 330 Madison
Avenue, New York, New York 10017.
Item 2. Identity and Background.
This Schedule is being filed by Simses in his capacity as a co-trustee of
each of the Trusts. The principal business address of Simses is Cummings &
Lockwood, 140 Royal Palm Way, Suite 205, Palm Beach, Florida 33480. Simses is a
partner at Cummings & Lockwood, a law firm headquartered in Stamford,
Connecticut.
During the last five years, Simses has neither been convicted in a criminal
proceeding nor been the subject of a judgment, decree, or final order enjoining
future violations of, or prohibiting or mandating activities subject to, Federal
or State securities laws, or finding any violation with respect to such laws.
Item 3. Source and Amount of Funds or Other Consideration.
The transactions that require the filing of this Schedule were transfers
that were effected without consideration. On March 31, 2000, the shares of
Common Stock were transferred to the Trusts.
Item 4. Purpose of Transaction.
The purpose of the transfer of 366,972 shares of Common Stock from L.
Tollefson to the LBT Trust was to implement certain aspects of L. Tollefson's
estate and tax planning objectives. The purpose of the transfer of 366,972
shares of Common Stock from B. Tollefson to the BHT Trust was to implement
certain aspects of B. Tollefson's estate and tax planning objectives.
Simses has no plans or proposals that would result in any of the
consequences listed in paragraphs (a) - (j) of Item 4 of Schedule 13D.
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Page 4 of 5
Item 5. Interest in Securities of the Issuer.
(a) and (b) Set forth in the table below are the number and percentage of
shares of Common Stock of the Issuer beneficially owned by Simses as of the date
hereof:
<TABLE>
<CAPTION>
Number of Shares Number of Shares
Beneficially Owned With Beneficially Owned Aggregate Number Percentage of
Sole Voting and With Shared Voting and of Shares Shares Beneficially
Name Dispositive Power Dispositive Power Beneficially Owned Owned
---- ----------------- ----------------- ------------------ -------------------
<S> <C> <C> <C> <C>
Robert G. Simses 0 733,944 733,944 7.79%
</TABLE>
(c) Simses acquired beneficial ownership of 733,944 shares of Common Stock
on March 31, 2000, in transfers from L. Tollefson to the LBT Trust and from B.
Tollefson to the BHT Trust. Simses gave no consideration for such shares.
(d) None.
(e) Not Applicable.
Item 6. Contracts, Arrangements, Understandings or Relationships with Respect to
Securities of the Issuer.
Pursuant to the terms of those certain Trust Agreements, each dated as of
March 30, 2000, executed in connection with the establishment of the Trusts,
Simses shall, upon the fifteenth anniversary of the date of the Trusts,
distribute the then-remaining trust estate in each of the Trusts to the
grandchildren of L. Tollefson or their surviving progeny.
Item 7. Material to Be Filed as Exhibits.
None.
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Page 5 of 5
SIGNATURES
After reasonable inquiry and to the best of my knowledge and belief, I
certify that the information set forth in this statement is true, complete and
correct.
Dated: April 7, 2000
/s/ ROBERT G. SIMSES
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Robert G. Simses
