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Reinsurance Reinsurance Agreements

Mayer Brown

English Court Rules on Conflicting Jurisdiction and Arbitration Clauses

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The English Commercial Court has handed down an important decision highlighting the approach adopted by the English court when there are competing jurisdiction and arbitration clauses (“Competing Clauses”) and the effect of a...more

Husch Blackwell LLP

California District Court Compels Arbitration of Reinsurance Dispute

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A California federal district court recently compelled arbitration of a reinsurance dispute, finding that it “had little difficulty concluding that this case falls within the parties’ arbitration agreement.” Truck Insurance...more

Wiley Rein LLP

Court Denies Reinsurer’s Motion for Judgment on the Pleadings Where Complaint Alleged Retaliatory Conduct During Applicable Policy...

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Applying Washington state law, the United States District Court for the Western District of Washington has denied a reinsurer’s motion for judgment on the pleadings where, although alleged sexual assaults occurred before its...more

Eversheds Sutherland (US) LLP

Treasury updates rules governing "T-Listed" surety companies

The US Department of the Treasury (Treasury) has finalized a long overdue update to federal rules governing the Federal surety bond program (Program). The Final Rule (Rule) adds two new classes of reinsurers, including...more

Goldberg Segalla

[Webinar] Reinsurance 101: An Overview of Important Concepts - June 18th, 12:00 pm - 1:00 pm EDT

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While reinsurance deals with some of the most complex risks in the insurance system, understanding reinsurance doesn’t have to be complex. Join Goldberg Segalla partners Bruce Engel and Larry Mason as they present an overview...more

Eversheds Sutherland (US) LLP

NYDFS proposes reinsurance amendments to remain compliant with NAIC accreditation standards and modify reciprocal jurisdiction...

On April 24, 2024, the New York State Department of Financial Services (NYDFS) published Proposed Rule Making for the 13th Amendment to Insurance Regulation 17, 20 and 20-A (Proposed Amendment), which purports to implement...more

Carlton Fields

Pennsylvania Federal Court Finds Forum Selection Clause in Services Agreement Between Insurer and Reinsurance Broker to Be Valid...

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In Housing & Redevelopment Insurance Exchange v. Guy Carpenter & Co., a Pennsylvania federal court considered the enforceability of a forum selection clause in a services agreement between Pennsylvania-based insurer Housing...more

Carlton Fields

District Court Grants Motions to Dismiss Claims Brought by Reinsurer

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The U.S. District Court for the Northern District of Texas recently dismissed certain claims brought by a reinsurer related to its efforts to audit an insurer’s broker....more

The Volkov Law Group

U.K. Reinsurance Bribery Scheme — the Critical Role Played by the Third-Party Intermediary (Part II of III)

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As I always say, the factual underpinnings of every FCPA enforcement action provides important insights into bribery schemes.  At the core of every scheme is the misappropriation of money from the company coffers for improper...more

Eversheds Sutherland (US) LLP

Bermuda corporate income tax consultation: impact on reinsurance agreements

Bermuda has announced that it is considering the implementation of a new corporate income tax regime to be effective on or after January 1, 2025, in response to the OECD’s BEPS Pillar II global minimum tax rules. The...more

BCLP

Reinsurance: aggregation of COVID losses post-Stonegate

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On 17 October 2022, the English Commercial Court delivered three very significant, related judgments, which in part considered aggregation of business interruption losses arising from COVID-19....more

Hinshaw & Culbertson - Insights for Insurers

The Bell Tolls For the "Bellefonte Cap"

In 2016, Best's Review published our article titled "The Bellefonte Cap Returns." As we explained, the Cap stemmed from the decision of the U.S. Court of Appeals for the Second Circuit in 1990 in Bellefonte Reinsurance Co. v....more

Conyers

Financing Transactions for Cayman Regulated Insurers

Conyers on

As a leading jurisdiction for the domicile of captive insurance companies and, more recently, reinsurance companies (together “insurance vehicles”), the laws of the Cayman Islands have a central role and require careful...more

Herbert Smith Freehills Kramer

NAIC Issues Guidance on Credit for Reinsurance

Insurers and reinsurers navigating the increasingly complex rules on reciprocity for collateral requirements should consider recent guidance from the leading U.S. standard-setting body. On June 17, 2021, the Reinsurance...more

White and Williams LLP

Reinsurance Agreements and Initial Disclosures

White and Williams LLP on

A recent decision by a North Carolina federal court adds to a list of cases requiring insurance company defendants in coverage actions to produce reinsurance agreements as part of their initial disclosures under Federal Rule...more

Carlton Fields

Eastern District of California Grants Partial Summary Judgment to Plaintiffs in Reinsurance Mortgage Kickback Class Action;...

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The Eastern District of California recently granted partial summary judgment to a class of plaintiffs suing a reinsurer and related entities with respect to a reinsurance arrangement regarding private mortgage insurance that...more

Troutman Pepper Locke

What’s Behind the Green Door?

Troutman Pepper Locke on

We don’t expect many of you to remember a 1950’s song (as most weren’t yet born!), What’s Behind the Green Door.* The vocalist, Jim Lowe, was certainly not thinking about insurance when he sang it, but in the insurance world...more

Carlton Fields

New York Federal Court Confirms Arbitration Award Where Plaintiff Offered No Grounds to Vacate, Modify, or Correct Award

Carlton Fields on

PB Life and Annuity Co. Ltd. brought this action seeking a declaratory judgment that a breach of contract dispute with Universal Life Insurance Co. was not subject to arbitration and must be litigated in federal or state...more

Carlton Fields

SDNY Finds Cedent Entitled to Indemnification for $20 Million Settlement Payment Under English Law

Carlton Fields on

The question before the Southern District of New York was whether, under English law, certain facultative reinsurance policies obligated a reinsurer to indemnify its cedent for a $20 million settlement. The finding was...more

BCLP

Does “late payment” of Covid-19 BI claims create additional exposure for insurers and reinsurers?

BCLP on

As has been reported widely in the press, policyholders are seeking damages from insurers for “late payment” due to insurers rejection of their Covid-19 BI related claims. In particular, many small and medium sized businesses...more

BCLP

Must reinsurers follow their cedants’ COVID-19 related claim settlements?

BCLP on

A key question being asked in the markets is whether reinsurers are obliged to follow their cedants’ Covid-19 related settlements? Covid-19 continues to dominate the headlines and the lives of people around the world....more

White and Williams LLP

No (Social) Distance for Reinsurers? If Lawmakers Force Insurers to Pay COVID-19 Claims, Will Reinsurers Follow?

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As legislators in New Jersey debate a new law that would force insurers to pay COVID-19-related claims that are excluded under the plain language of their new law, insurers are left to contemplate a number of critical...more

Hinshaw & Culbertson - Insights for Insurers

The Latest Decision in the Global Re Case: On Treatment of Expenses under Facultative Reinsurance Certificates

The Bellefonte Cap - The Bellefonte Cap is a shorthand reference to the "reinsurance accepted" limit set forth in a facultative certificate generally capping the reinsurer's obligations with respect to loss and expense...more

White and Williams LLP

Unringing the Bellefonte Rule

On March 2, 2020, the U.S. District Court for the Southern District of New York issued its long-anticipated ruling in the Global v. Century case. More than five years after applying the Bellefonte Rule to hold that a...more

Carlton Fields

Nebraska Appellate Court Affirms Dismissal for Lack of Personal Jurisdiction in Suit Involving Breach of Reinsurance Participation...

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The Court of Appeals of Nebraska has affirmed the dismissal of a claim under a reinsurance participation agreement based on lack of personal jurisdiction....more

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