Umpire selection is one of the most important aspects of a reinsurance (or any other) arbitration because it can have a significant impact on the outcome of your case. Traditionally, parties have utilized the “strike and flip” method of umpire selection where the parties nominate a specified number of candidates, strike all but one of the other side’s candidates and then select … [Read more...] about Strike and Rank – An Alternative to the Strike and Flip Umpire Selection Process
Nearly two decades ago, the Supreme Court of Ohio adopted an “all sums” approach to allocate insurance coverage for progressive injuries among multiple triggered policies. In Goodyear Tire & Rubber Co. v. Aetna Cas. & Sur. Co., the Court held that “when a continuous occurrence of environmental pollution triggers claims under multiple primary insurance policies, the … [Read more...] about The latest challenge to Ohio’s allocation law
Perhaps Snoop Dogg should stick to gin n’ juice, as the rapper’s foray into promoting cognac and brandy products caused him to become the subject of a decade-long arbitral dispute, which was finally resolved last month. On January 25, 2021, a New York district court judge affirmed a nearly $2 million arbitration award against French cognac distiller Cognac Ferrand SAS … [Read more...] about Mind On His Money and His Money On His Mind: New York District Court Judge Affirms Arbitral Award Arising Out of Dispute Over Royalties Owed to Rapper Snoop Dogg
Photo by Pixabay on Pexels.com You remember the Covered Agreements entered into between the US and the UK and the US and the EU to deal with Brexit and Solvency II and international financial standards, right? Well, the New York Department of Financial Services has noticed a proposed regulation implementing the new credit for reinsurance rules required under the Covered … [Read more...] about What the New Proposed Credit for Reinsurance Regulations Mean for Reinsurance Disputes
With mounting novel coronavirus (COVID-19) liabilities straining insurers’ and reinsurers’ balance sheets, the pressing need to free the capital tied up in legacy portfolios can no longer be ignored. Sorting out legacy risk would not only relieve reserve pressure, but also release much needed capital to support growth. So, what are the options for tackling the legacy … [Read more...] about Inflection Point: COVID-19 and resulting balance sheet pressures spur hunt for lasting legacy solutions
As COVID-19 continues to change our everyday way of life, its impact on the insurance/reinsurance industry also continues to develop. The reinsurance renewal process that many insurance companies recently went through exposes yet another impending issue the insurance industry will need to confront – non-concurrency between the coverage afforded by newly issued insurance … [Read more...] about Non-Concurrency Between Ceding Companies and Their Reinsurers for Communicable Disease Exclusions: The Next COVID-19 Shoe to Drop
A New York federal court grants summary judgment to a cedent for breach of contract where reinsurer failed to provide the required collateral. Legal News Many reinsurance arrangements require the posting of collateral. The failure to post collateral is often grounds for a breach of contract claim. In a recent decision, a New York federal court granted summary judgment to the … [Read more...] about To the Cedent, Summary Judgment
New York federal court holds that Hawaii’s “all sums” rule and “follow-the-settlement” provisions in reinsurance contracts obligated a reinsurer to reimburse a cedent where the underlying reinsured umbrella contract had a three-year term and the underlying insured settled an environmental claim for contamination spanning more than 44 … [Read more...] about When It Rains Pollution, Grab Your Umbrella
Milliman provides an overview of legacy exposures that can impact the general liability books of commercial insurance companies. https://www.milliman.com/en/insight/The-current-impact-of-legacy-losses … [Read more...] about The Current Impact of Legacy Losses
From cost control and claims handling to compliance and capital management, the COVID-19 outbreak has turned processes and procedures on their head. https://runoffresolve.com/2020/06/01/navigating-post-covid-19-minefield/ … [Read more...] about Navigating through the post-COVID 19 minefield
Let’s take a look at the impact of one of the reinsurance industry’s most talked about and scrutinized case dealing with post-settlement allocations. http://airrocmatters.org/wp-content/uploads/2020/05/ARIAS-Q1-Final-1.pdf This article was first published in the ARIAS-U.S. Quarterly, Q1 2020. … [Read more...] about Assessing USF&G’s ‘Objective Reasonableness’ Standard
Second Circuit holds that the “follow-the-settlements” doctrine does not bind a reinsurer to settlement decisions that are inconsistent with the plain, unambiguous terms of the reinsured policy. https://www.whiteandwilliams.com/resources-alerts-Second-Circuit-Says-Cedent-Cannot-Use-the-Follow-the-Settlements-Doctrine-to-Circumvent-Plain-Unambiguous-Policy-Provision.html … [Read more...] about Second Circuit Says Cedent Cannot Use the “Follow-the-Settlements” Doctrine to Circumvent Plain, Unambiguous Policy Provision
As insurers and reinsurers evaluate their potential Covid-19 exposure, we look at the scope for aggregating Covid-19 losses on the basis of some of the market’s more common aggregation language. Read the full article here - https://www.bclplaw.com/en-GB/thought-leadership/is-covid-19-one-event-reinsurance-aggregation.html … [Read more...] about Is COVID-19 One “Event”?: Reinsurance Aggregation
Key Coleman discusses the impact climate change could have on the value of insurance companies’ investment portfolios. Climate change from the burning of fossil fuels has many implications for the US economy. One consideration that deserves greater attention is the impact climate change could have on the value of insurance companies’ investment portfolios. Given that … [Read more...] about Stranded Assets from Climate Change – Should Insurance Companies be Alarmed?
The reinsurance market has the potential to serve as a bellwether for climate change. Yet despite the frequency and severity of catastrophe losses linked to climate change, capacity remains plentiful. Read the full article here - http://www.rmmagazine.com/2019/04/01/will-climate-change-impact-reinsurance-rates/ … [Read more...] about Will Climate Change Impact Reinsurance Rates?