Harry P. Cohen is a partner at Crowell & Moring LLP and is a member of the Insurance/Reinsurance group in the New York office. For the past 35 years, he has been a pioneer for the reinsurance bar. His practice has been devoted entirely to reinsurance and insurance coverage dispute resolution and counseling.
He has been lead counsel for insurance and reinsurance companies, brokers, agents, and others in arbitrations, litigations, negotiations, mediations and other alternative dispute resolution. His matters have covered virtually every procedural and substantive issue that relates to the reinsurance and insurance relationship and the servicing of that relationship, as well as all issues arising under the Federal Arbitration Act.
Mr. Cohen has handled dozens of reinsurance cases, complex coverage disputes, insurance bankruptcy matters, disputes between insurance companies and their agents and direct insurance defense cases. Coverages include property & casualty, finite, workers compensation including carve-out and buy-down covers, life including pre-need and final expense life insurance, long-term care, business interruption and accident & health, and underlying claims include a variety of losses including COVID-19, sexual abuse, loss of revenue/business income, 9/11 losses, asbestos (products and non-products), environmental damage, and toxic torts.
His work has also included finite reinsurance, novations and commutations, fronting arrangements, spirals and arbitrage, captive insurance and reinsurance arrangements, set-off, extracontractual obligations, follow-the-fortunes and follow-the-settlements, IBNR recoverability, late notice, London Market business and brokers, punitive damages, recovery of declaratory judgment expenses, direct and reinsurance pooling arrangements, security requirements, and service of process upon, and enforcement of judgments against, alien companies.
In addition to the reinsurance work, Mr. Cohen has handled direct insurance defense cases, complex coverage disputes, insurance bankruptcy matters, and disputes between insurance companies and their agents in the property & casualty, life, and accident & health areas.
Mr. Cohen's experience - ranging from simple business analyses and counseling to managing complex litigation - includes a thorough and extremely broad-based understanding of the wide scope of business, legal, custom & practice, procedural and strategic issues facing reinsurance business professionals. This depth of knowledge and diversity of perspectives allows him to approach, address and resolve issues, problems and disputes in a sound, prudent, efficient and level-headed manner.
Due to his stature and high-profile work on behalf of the firm’s clients, Mr. Cohen has been recognized by not only Chambers USA (since 2006) but also Euromoney's Guide to the World's Leading Insurance and Reinsurance Lawyers (since 1998), New York Super Lawyers - Manhattan Edition (since 2006), and International Who's Who of Insurance and Reinsurance Lawyers (since 2005).
Affiliations
Admitted to practice: New York, Massachusetts, U.S. Supreme Court, U.S. District Courts for the Southern, Eastern and Northern Districts of New York and the District of Connecticut, U.S. Courts of Appeals for the Second, Third, Fifth, Sixth, and Seventh Circuits.
Highlights, News & Knowledge
Speeches & Presentations
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"Legal Quick Hit Updates (Bellefonte)," AIRROC’s New York Regional Education Day, New York, NY
(April 21, 2016).
Presenter: Harry P. Cohen.
Publications
Client Alerts & Newsletters
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"Second Circuit: "Follow The Settlements" Does Not Bind a Reinsurer to Settlements Inconsistent With The Unambiguous Terms of the Reinsured Policy,"
Insurance/Reinsurance Alert
(April 30, 2020).
Contacts: Harry P. Cohen, Michael K. Robles, Kelly H. Tsai, Brian J. O'Sullivan
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"New York District Court Finds Follow-the-Fortunes and Follow-the-Settlements Are Not Implied in Facultative Certificates,"
Insurance/Reinsurance Alert
(April 5, 2019).
Contacts: Harry P. Cohen, Michael K. Robles, Kelly H. Tsai, Brian J. O'Sullivan
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"U.S. Supreme Court Holds That Federal Courts May Not Address Threshold Arbitrability Issue Where the Parties’ Agreement Delegates That Question to the Arbitrators,"
Insurance/Reinsurance Alert
(January 11, 2019).
Contacts: Harry P. Cohen, Michael K. Robles, Brian J. O'Sullivan, Kelly H. Tsai
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"Circuit Court Holds Insurer Owes No Duty to Defend or Indemnify Medical Office for Sexual Misconduct Claims,"
Insurance/Reinsurance Alert
(January 4, 2019).
Contacts: Harry P. Cohen, Laura Foggan, Mark D. Plevin, Michael K. Robles, Kelly H. Tsai
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"Confirmation of Arbitration Awards: Second Circuit Rules That Arbitration Panels Have the Authority To Clarify an Otherwise Final Award,"
Insurance/Reinsurance Alert
(December 20, 2018).
Contacts: Harry P. Cohen, Michael K. Robles, Brian J. O'Sullivan, Kelly H. Tsai
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"Vacatur Based On Evident Partiality: Second Circuit Holds That Different Standards Apply To Party-Appointed Arbitrators and Umpires,"
Insurance/Reinsurance Alert
(July 19, 2018).
Contacts: Brian J. O'Sullivan, Harry P. Cohen, Michael K. Robles, Kelly H. Tsai, Laura Foggan
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"New York Court of Appeals Issues Decision on Bellefonte Issue,"
(December 14, 2017).
Contacts: Harry P. Cohen, Michael K. Robles, Brian J. O'Sullivan, Kelly H. Tsai
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"Third Circuit Court of Appeals Holds that Honorable Engagement Clause Does Not Permit Arbitrators to Fashion Relief Not Requested by the Parties or Rationally Derived from the Contract,"
Insurance/Reinsurance Alert
(November 11, 2010).
Contact: Harry P. Cohen
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"U.S. House of Representatives Passes Nonadmitted and Reinsurance Reform Act, Encouraging Consistency in the Regulation of Surplus Lines Insurance and Reinsurance,"
Insurance/Reinsurance Alert
(September 17, 2009).
Contact: Harry P. Cohen
Firm News & Announcements