For those in and impacted by the reinsurance industry, balancing risk is a daily practice—helping to navigate losses ranging from natural disasters to toxic torts to turmoil in financial markets requires legal acumen beyond the black letter of the law and a deep understanding of the industry. Our reinsurance practitioners understand the intricacies of this global business and have been immersed in the customs and practices of this area for nearly four decades.
In addition to trying and arguing cases—in courtrooms, before arbitration panels, and in the courts of appeal—our attorneys also provide the necessary day-to-day business counsel reinsurance industry stakeholders rely on, including preparation of reinsurance contracts and commutation agreements, advising on asset transfers, disclosures, and notices to reinsurers, counseling regarding other non-litigation aspects of reinsurance relationships, and assisting in alternate dispute resolution processes.
Whether your matter is a single claim, a strategic business opportunity or a bet-the-company dispute, our attorneys will leverage their experience to advise, advocate, defend or litigate in your interest. We have worked with major stakeholders across the United States, Canada, the United Kingdom, and other European countries and offer a unique perspective on many aspects of reinsurance relationships, including:
- Enforceability and scope of arbitration provisions
- Selection, qualification, and disqualification of arbitrators
- Confirmation of arbitration awards
- Access to records, reinsurance audits, and other discovery issues
- Misrepresentations and omissions
- Utmost good faith
- Warranties and exclusions
- Late notice of claims
- Recoverability and allocation of asbestos, environmental, and toxic losses, including “non-products” asbestos claims
- Number of occurrences in property and casualty claims
- Recoverability of declaratory judgment expenses, expenses in excess of indemnity limits, pre-judgment interest, and extra-contractual losses
- Authority of various types of agents and the propriety of their actions
- Availability of set-offs
- Interpretation and enforceability of cut-through clauses
- Creditor standing to pursue causes of action against third parties
- Wildfire claims
- Insolvencies of insurers and reinsurers
