Jeffrey L. Kingsley, a partner in Goldberg Segalla’s Global Insurance Services Practice Group, was interviewed by Law360 for an article on a recent reinsurance ruling by the U.S. District Court for the Southern District of New York.
The Southern District of New York held on Aug. 6 that, if an insurer acts in bad faith, California’s highest court would carve out an exception to the rule followed by many states that requires reinsurers to show they were substantially prejudiced by an insurer’s late notice of a claim before they can use late notice as a basis to deny coverage.
Jeff noted that the decision cautions insurers to pore over their procedures for notifying reinsurers about a claim that might impact them. “If you hold back for calculated reasons or otherwise, then yes, you might be subject to more procedural requirements,” he told Law360. “As a ceding insurer, you don’t even want to get to the point where you’re placing the whole transfer of risk in jeopardy.”