Reinsurance

The reinsurance industry is constantly evolving, with a diverse and ever-changing range of issues. At Goldberg Segalla, our seasoned lawyers have a thorough understanding of the business of reinsurance and the needs of our reinsurance clients. For example, although we are zealous advocates for our clients, some of our representative achievements have come via commutations that not only resolve the instant dispute, but also preserve the business relationship and avoid the cost of a prolonged litigation. 

The attorneys at Goldberg Segalla 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.

In addition, we regularly team with cedents and reinsurers to resolve disputes involving the full range of reinsurance issues that exist throughout the world. We have experience with all classes of business, including property and casualty, life and health, and workers’ compensation. Several of our attorneys are also ARIAS·U.S. 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 concerns arising from workers’ compensation carve-out business
  • The follow-the-fortunes doctrine
  • Application of inuring reinsurance
  • Various points 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
  • Audits and due diligence