Reinsurance and Excess Insurance

Insurance + Reinsurance Group lawyers represent both cedents and reinsurers in the litigation and arbitration of matters arising under reinsurance treaties and facultative contracts. Many of our matters relate to coverage disputes arising out of complex insurance programs, including captive reinsurance and other fronting arrangements. Our disputes have involved actuarial and agency issues, and underwriting and claims-handling practices. We have been involved in litigation regarding issues where the cedent provided late notice, or made voluntary payments where coverage did not exist, arising out of asbestos, toxic tort, and environmental litigation. We also handle disputes arising out of the reinsurer's right to participate in the defense of a claim. The lawyers in our group also advise cedents regarding reinsurance contract language and establish to the reinsurer the foundation for affording coverage in the underlying matter. We also assist our clients in structuring creative solutions to disputes, including commutations and novations. In an area of increasing concern to the insurance industry, we have also represented both cedents and reinsurers in disputes regarding the discoverability of reinsurance documents in insurance coverage litigation.

As a result of the large exposures presented in many of our matters, we frequently deal with excess insurance issues. Among the excess insurance matters we have handled are disputes involving allocation, drop down, exhaustion, the application of aggregate limits, the insolvency of primary insurers and insureds providing primary coverage under a self-insured retention, and the interpretation of "following form" and "other insurance" provisions.