creating and protecting insurance for insurers

Insurance for insurance companies also poses issues for the parties to those contracts.

Firm attorneys represent the interests of domestic and international reinsurance companies on both the reinsurer side and the cedent side. These engagements include coverage analysis, risk analysis, and dispute resolution including arbitration, as well as settlement negotiation. In addition, our lawyers assist in drafting reinsurance agreements and associated documentation. Our experience includes:

  • Handling allocation of losses (including aggregation and number of occurrences)

  • Handling issues arising out of follow the fortunes/follow the settlements doctrine

  • Scope of extra-contractual liability provisions

  • Impact of ex gratia payments

  • Treatment of declaratory judgment expenses and loss adjustment expenses

  • Late notice

  • Inspection/audit rights

  • Non- disclosure/misrepresentations/rescission

  • Set-offs and recovery

  • Insurer insolvency

  • Subrogation

The power of collaboration