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Reinsurance
The reinsurance industry is constantly evolving. Those participating in the industry are routinely confronted with a diverse and developing range of issues. Our reinsurance group is comprised of seasoned trial lawyers who have a thorough understanding of the business of reinsurance and the needs of clients in that industry. For example, although we are zealous advocates, some of our representative achievements have come via commutations that not only resolve the instant dispute, but preserve the business relationship and avoid the cost of a prolonged litigation. Our attorneys are on the front line of significant reinsurance claims involving reinsurers, ceding companies, managing general agents, brokers, intermediaries and reinsurance pool managers. Our mediation, arbitration and litigation practice extends across reinsurance agreements, both facultative and treaty.
We regularly team with cedents and reinsurers to resolve disputes involving the full range of reinsurance issues throughout the world. We have experience resolving disputes arising from all classes of business, including property and casualty, life and health, and workers compensation. Several of our attorneys are US-ARIAS certified arbitrators. Some of our recent engagements have involved the following issues:
- Division of responsibility for actions of a managing general agent
- Representations made by a managing general agent
- Compliance with underwriting guidelines
- Calculation of attachment points for aggregate protections
- A reinsurer's duty of inquiry
- Pre-hearing security
- Various issues arising from workers compensation carve-out business
- The follow-the-fortunes doctrine
- Application of inuring reinsurance
- Various issues arising between and among pool member, pool manager and pool agents
- Choice of law concerning the issue of late notice
- Reformation /rescission / the duty of utmost good faith
- Claims administration
- Enforceability of arbitration clauses
For more information about the Global Insurance Services Group at Goldberg Segalla LLP, please contact one of the practice group Co-Chairs:
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