Reinsurance Representative Engagements

Property & Casualty

  • We recently completed an arbitration in which we successfully represented a cedent in connection with a reinsurer's refusal to pay declaratory judgment expenses in the absence of a loss payment.
  • We successfully represented a cedent in connection with a reinsurer's non-disclosure/rescission claim, and the ceding company's alleged breach of its warranty of retention.
  • We successfully represented a reinsurer in a dispute involving the reasonableness of a cedent's allocation of settlement costs.
  • We represent a U.S. cedent in multiple arbitrations aimed at recovering reinsurance payments for asbestos, environmental, and other long-tail exposures under treaties issued by both alien and domestic reinsurers.
  • We represent a reinsurer in a potential dispute over allocation and number of occurrences issues arising out of a series of losses ceded under an excess-of-loss reinsurance arrangement with an underlying insurance pool.
  • We represent a reinsurer in a reinsurance arbitration involving a dispute over the proper method of allocating and ceding "non-products" asbestos settlements.
  • We successfully represented a cedent in a dispute with its reinsurer over the proper application of an accident exclusion in an underlying insurance policy on which the cedent settled its policyholder's environment claim.
  • We have monitored Hurricane Katrina property reinsurance claims being submitted to London reinsurers.
  • We conducted an internal review of a Bermuda property reinsurer’s reserving practices following the 2005 US storm season.

Life, Accident, and Health

  • Following an extensive hearing, we successfully defended a managed-care organization against claims that it had overcharged its reinsured by over $5 million. In addition, the panel awarded our client more than $18 million on affirmative non-solicitation claims.
  • We successfully represented a reinsurer on issues arising from the underwriting, administration, and interpretation of a treaty reinsuring variable annuity death benefits.
  • We represent a reinsurer in establishing and implementing protocols for handling sunset, commutation, and notice issues arising out of multiple workers' compensation carve-out treaties.
  • We successfully represented a reinsurer in a dispute with multiple retrocessionaires over the extent of coverage for long term disability coverage.

International

  • We counseled a global reinsurer, in conjunction with Crowell & Moring's international dispute resolution attorneys, on reinsurance and arbitration issues such as follow the fortunes in connection with a $60 million Latin American reinsurance dispute.
  • We successfully represented a multinational reinsurer in its discussions with both a related corporate entity and the Treasury Department's Office of Foreign Assets Control regarding the propriety of claims made under reinsurance treaties impacted by losses in US embargoed countries.
  • We have represented Bermuda companies in numerous treaty reinsurance disputes over a variety of claims, such as class action employment discrimination claims and environmental claims flowing from various types of sites including manufactured gas plants and chemical manufacturing facilities.
  • We represented numerous London and Bermuda reinsurers in a treaty reinsurance dispute relating to surety losses on offshore Brazilian oil platform construction projects.

Insolvency

  • We successfully represented the interests of a major UK reinsurer with respect to its reinsurance exposures on a program of long-tail property and casualty insurance written by a now-insolvent U.S. cedent.
  • We successfully represented a reinsurer in commutation negotiations with the Texas liquidator of an insolvent insurance company relating to a reinsurance treaty covering workers’ compensation carve-out business.
Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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