Reinsurance: Representative Engagements
Property & Casualty
- We recently completed an arbitration in which we successfully represented a cedent in connection with a reinsurer's refusal to pay declaratory judgment expenses in the absence of a loss payment.
- We successfully represented a cedent in connection with a reinsurer's non-disclosure/rescission claim, and the ceding company's alleged breach of its warranty of retention.
- We successfully represented a reinsurer in a dispute involving the reasonableness of a cedent's allocation of settlement costs.
- We represent a U.S. cedent in multiple arbitrations aimed at recovering reinsurance payments for asbestos, environmental, and other long-tail exposures under treaties issued by both alien and domestic reinsurers.
- We represent a reinsurer in a potential dispute over allocation and number of occurrences issues arising out of a series of losses ceded under an excess-of-loss reinsurance arrangement with an underlying insurance pool.
- We represent a reinsurer in a reinsurance arbitration involving a dispute over the proper method of allocating and ceding "non-products" asbestos settlements.
- We successfully represented a cedent in a dispute with its reinsurer over the proper application of an accident exclusion in an underlying insurance policy on which the cedent settled its policyholder's environment claim.
- We have monitored Hurricane Katrina property reinsurance claims being submitted to London reinsurers.
- We conducted an internal review of a Bermuda property reinsurer’s reserving practices following the 2005 US storm season.
Life, Accident, and Health
- Following an extensive hearing, we successfully defended a managed-care organization against claims that it had overcharged its reinsured by over $5 million. In addition, the panel awarded our client more than $18 million on affirmative non-solicitation claims.
- We successfully represented a reinsurer on issues arising from the underwriting, administration, and interpretation of a treaty reinsuring variable annuity death benefits.
- We represent a reinsurer in establishing and implementing protocols for handling sunset, commutation, and notice issues arising out of multiple workers' compensation carve-out treaties.
- We successfully represented a reinsurer in a dispute with multiple retrocessionaires over the extent of coverage for long term disability coverage.
- We counseled a global reinsurer, in conjunction with Crowell & Moring's international dispute resolution attorneys, on reinsurance and arbitration issues such as follow the fortunes in connection with a $60 million Latin American reinsurance dispute.
- We successfully represented a multinational reinsurer in its discussions with both a related corporate entity and the Treasury Department's Office of Foreign Assets Control regarding the propriety of claims made under reinsurance treaties impacted by losses in US embargoed countries.
- We have represented Bermuda companies in numerous treaty reinsurance disputes over a variety of claims, such as class action employment discrimination claims and environmental claims flowing from various types of sites including manufactured gas plants and chemical manufacturing facilities.
- We represented numerous London and Bermuda reinsurers in a treaty reinsurance dispute relating to surety losses on offshore Brazilian oil platform construction projects.
- We successfully represented the interests of a major UK reinsurer with respect to its reinsurance exposures on a program of long-tail property and casualty insurance written by a now-insolvent U.S. cedent.
- We successfully represented a reinsurer in commutation negotiations with the Texas liquidator of an insolvent insurance company relating to a reinsurance treaty covering workers’ compensation carve-out business.