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. While 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 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. Tom Segalla, a founding partner of Goldberg Segalla, is the Editor-In-Chief of the Reinsurance Professional’s Deskbook, A Practical Guide, published by Thomson Reuters and DRI.

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:

  • 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

Representative Matters

  • Goldberg Segalla attorneys were victorious in an arbitration dispute involving an attempt by a cedent to impose an indemnity obligation on its reinsurer that exceeded the reinsurance contract’s absolute limit of liability.
  • Our attorneys represented a reinsurer involved in a dispute under a reinsurance contract involving Superstorm Sandy. We successfully resolved the case for our client, which concerned numerous complex issues, including whether certain losses were excluded by the reinsurance treaty’s Named Storms for Winds and Flood exclusions.
  • We represented a Canadian insurer in negotiation of commutations with multiple London Market-based reinsurers regarding ceded claims arising out of U.S. environmental property insurance coverage litigation.
  • Our attorneys successfully litigated ceded reinsurance claims disputes on behalf of our client, an asbestos claims run-off insurer, in multiple federal court jurisdictions across the U.S.
  • We prevailed on behalf of a cedent in an arbitration involving French Market reinsurers arising out of U.S. property insurance claims.