Reinsurance and Captive Programs

We have represented cedents, including captive insurers in the litigation and arbitration of matters arising under domestic and internationally issued reinsurance treaties and facultative contracts. A number of the matters we have handled arose from captive reinsurance and other fronting arrangements. We also counsel cedents and captive insurers on proper claim handling procedures to ensure that they are operating within the ever changing concept of utmost good faith toward their reinsurers.

Through this work, we have experience with a wide range of recurring reinsurance issues, including:

• The application and limits of the “follow-the-fortunes” and “follow-the-settlements” doctrines.
• Allocation of loss and expense with respect to multiple occurrences, multiple policies and multiple policy periods.
• The application of aggregation and accumulation provisions found in some reinsurance agreements.
• The existence and scope of coverage for declaratory judgment expenses.
• Reinsurance treatment of extra-contractual obligations.
• Late notice
• Misrepresentation and non-disclosure, including rescission and reformation.

Paul recovered over $30 million on behalf of a captive insurer from its domestic and internationally based reinsurers.

If you have a question concerning a reinsurance issue or if you want to know more about our reinsurance and captive programs capabilities, please contact our reinsurance lawyer for a free telephone consultation 703.528.1021.