Litigating or arbitrating high-profile, high-stakes insurance and reinsurance disputes requires a deep understanding of the litany of procedural and substantive disputes that have impacted the insurance and reinsurance industry over the past few decades.
Mike Robles has been at the forefront of some of the highest-profile cases involving the insurance and reinsurance industry, including disputes relating to COVID-19; contingent business interruption; sexual molestation and abuse; finite reinsurance (civil and criminal); workers’ compensation carve-out reinsurance; bad-faith run-off practices under traditional reinsurance contracts and loss portfolio transfers, stop loss, and 100% reinsurance agreements; and life insurance and reinsurance, including reinsurance of variable annuities and viatical/life settlements.
The issues involved in these matters have run the gamut and range from misrepresentation, nondisclosure, and rescission cases to complex issues of contract construction and underwriting intent to issues relating to number of occurrences, including aggregate extension clauses and “event” language; consolidation; privilege and access to records; line of credit/security disputes; DJ expenses; ECO, XPL, allocation, multiyear, and stub policies (including annualization); acceleration of reinsurance obligations; proration of treaty retentions; and everything in between.
Representative Matters
- Represent railroad captive insurer in litigation and arbitrations with reinsurers in connection with contingent business interruption claim arising from explosion and fire at oil refinery.
- Represent insurer in federal court MDL in connection with COVID-19 business interruption claims.
- Obtained 100 percent relief, including 100 percent of the attorneys' fees incurred by our client, in an arbitration against a company which sought rescission of dozens of contracts.
- Obtained 100 percent relief in an arbitration on behalf of a reinsurer based on the company’s improper application of contract provisions.
- Bucked 25 years of judicial precedent and obtained 100 percent relief for a company in a Pennsylvania state court litigation.
- Obtained substantial relief in a dispute involving September 11th rescue, recovery, and clean-up claims.
Speeches & Presentations
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"California Burning – The Fires Continue," RAA's Re Claims 2018: Navigating the World of Reinsurance Protection When Loss Strikes, New York, NY
(July 17, 2018).
Speaker: Michael K. Robles.
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"California Wildfires," 2018 Reinsurance Wordings Forum, London, England
(July 2018).
Speaker: Michael K. Robles.
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"Everything You Need to Know (and More) About Your Disclosure Obligations in Reinsurance Arbitrations," ARIAS·U.S. Educational Seminar/Networking Event, Boston, MA
(March 5, 2018).
Speaker: Michael K. Robles.
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"What a Headache: Mock Reinsurance Arbitration and Roundtable Concerning Sports-Related Head Injuries," AIRROC 2013 West Coast Insurance and Reinsurance Conference, Newport Beach, CA
(September 19, 2013).
Speakers: Michael K. Robles and Brian J. O'Sullivan.
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"First Annual West Coast AIRROC Insurance and Reinsurance Conference," Primer on Reinsurance; Commutations; Cyber Risk
(September 20, 2012).
Co-Chair and Panelist: Michael K. Robles.
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RAA's "Re Contracts: The Art of Designing Reinsurance Contracts and Programs"
(July 22, 2010).
Panelist: Michael K. Robles.
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"Risk-Sharing, Hedging and Regulatory Considerations for a New Generation of Variable Annuities," American Conference Institute 3rd Annual Legal and Strategic Forum on Life Reinsurance
(January 27, 2009).
Speaker: Michael K. Robles.
Client Alerts & Newsletters
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"Governor Hochul Vetoes The New York Grieving Families Act,"
Insurance/Reinsurance Alert
(February 1, 2023).
Contacts: Laura Foggan, Michael K. Robles, Jamie M. Zeevi, Thomas Matthew
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"New York State Department of Financial Services Announces "Cyber Insurance Risk Framework","
Insurance/Reinsurance Alert
(February 5, 2021).
Contacts: Laura Foggan, Michael K. Robles
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"Confidentiality v. Public Access: Third Circuit Unseals Arbitration Award Based On Common Law Right of Access,"
Insurance/Reinsurance Alert
(December 30, 2020).
Contacts: Harry P. Cohen, Michael K. Robles, Brian J. O'Sullivan, Kelly H. Tsai
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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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"Pennsylvania Supreme Court Affirms Governor’s Power to Issue COVID-19 Executive Order,"
Insurance/Reinsurance Alert
(April 20, 2020).
Contacts: Laura Foggan, Michael K. Robles, Kelly H. Tsai
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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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"Wildfire Held as Single Occurrence Under Comprehensive General Liability Policy,"
Insurance/Reinsurance Alert
(November 6, 2018).
Contacts: Michael K. Robles, Mark Meyer
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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
Firm News & Announcements