reinsurance

Reinsurance

Hunton & Williams LLP’s lawyers have over two decades of experience resolving reinsurance disputes for cedents, reinsurers and retrocessionaires under many types of reinsurance agreements, including treaty and facultative agreements; managing general agency agreements; and retrocessional agreements..

Types of Agreements

  • Treaty Agreements
  • Facultative Agreements
  • Managing General Agency Agreements
  • Retrocessional Agreements

Settings

  • Pre-Dispute
  • In Arbitrations
  • In State and Federal Litigations
  • Before State Rehabilitators and Liquidators

Underlying Losses and Claims

  • Environmental, Asbestos and Other Toxic Tort Claims
  • Bad Faith Liability
  • Financial Services and Bond Claims
  • Marine and Aircraft Claims
  • Workers’ Compensation Claims

Examples of Disputed Issues

Our attorneys have helped clients navigate challenges posed by:

  • the application of the follow-the-fortunes doctrine to allocations, settlements and coverage positions;
  • the contours of the duty of utmost good faith;
  • aggregation and allocation of underlying claims, including “causative agency” provisions;
  • rescission;
  • late notice, including evaluating prejudice arguments;
  • the treatment of defense costs, including caps on defense coverage;
  • coverage for declaratory judgment expenses;
  • insolvency issues;
  • scope of the Federal Arbitration Act and state arbitration statutes; and
  • ex gratia payments.

Representative Experience

  • Representation of cedent in connection with disputes with treaty and facultative reinsurers arising out of settlement with policyholder facing underlying asbestos claims.
  • Representation of cedent in federal court litigation involving follow-the-fortunes doctrine, bad faith, and late notice and rescission defenses.
  • Representation of cedent in two federal court litigations involving dispute over reinsurance accepted amount, including applicability of Bellefonte decision, and involving follow-the-fortunes doctrine and reinsurer’s claim seeking reimbursement of previously paid amounts.
  • Representation of cedent in federal court litigation involving missing reinsurance certificate documents and follow-the-fortunes doctrine.
  • Representation of cedent in state court litigation involving billings submitted to reinsurance pool composed of dozens of reinsurers and involving dispute over reinsurance accepted amount, including applicability of Bellefonte decision.
  • Representation of cedent in arbitration with run-off reinsurer involving approximately past and future billings, bad faith and follow-the-fortunes doctrine, and involving related federal court confirmation proceeding.
  • Representation of cedent in arbitration with treaty reinsurer involving interpretation of “causative agency” provision.
  • Representation of cedent in disputes with treaty reinsurers arising out of coverage and bad faith litigation over errors and omissions insurance policies, including representing cedent in arbitration.
  • Representation of cedent in disputes with treaty reinsurers arising out of environmental coverage litigation over general liability policies, including proper allocation between loss and expense.
  • Representation of reinsurer in connection with analysis of obligations under reinsurance agreements involving financial guaranty policies.
  • Representation of cedent against managing general agent in dispute involving insurance and reinsurance pool companies relating to obligations to manage book of legacy marine and casualty policies, including related state court confirmation proceedings confirming award in state court.
  • Representation of cedent in reinsurance arbitration arising from complex workers’ compensation carve-out coverage dispute.
  • Representation of cedent in arbitration involving underlying financial and securities fraud claims under general liability and crime policies.
  • Representation of cedent in arbitration involving financial fraud claims and interpretation of multiyear policy terms.
  • Representation of cedent in arbitration involving trigger issues for claims arising out of Superfund site.
  • Representation of cedent in arbitration involving issues related to workers’ compensation claims and disputes under reinsurance and retrocessionaire agreements.
  • Representation of cedent in connection with arbitration involving issues regarding retention in workers’ compensation policies and in related litigation regarding arbitration panel conduct.