Reinsurance

BSWB’s reinsurance practice group has extensive experience in domestic and international reinsurance dispute resolution involving a wide range of substantive issues and all types of reinsurance covers. Favorable results have been obtained for both cedents and reinsurers in arbitrations, mediations and litigated matters. In addition, firm members have also represented reinsurance intermediaries, pool managers, managing general agents and third-party administrators in a wide range of areas, including the successful defense of Federal RICO claims.

Matters handled by the reinsurance practice group include allocation and occurrence issues relating to environmental toxic tort and asbestos claims, fraud and misrepresentation giving rise to rescission, matters involving extra contractual obligations and loss in excess of policy limits, finite risk covers, as well as underlying professional liability issues.

Attorneys working in this area, in conjunction with the firm’s Regulatory Consulting practice group, also have substantial reinsurance transactional experience, including the drafting, analysis, negotiation and commutation of reinsurance treaties and facultative certificates as well as other reinsurance related contracts, such as managing general agents or program agreements, letters of credit and trust or deposit agreements. BSWB attorneys have assisted clients in the performance of financial analyses that are vital to the strategic plans of run off operations. The firm has also developed expertise in claims and underwriting audits and litigation management over entire books of business.

Members of the group have diverse backgrounds as experienced litigators, arbitrators and in-house counsel for reinsurance corporations, which provides a strong legal and technical basis that is ideally suited to the complexities of the reinsurance environment. The BSWB attorneys also regularly publish articles on significant reinsurance developments and lecture periodically at industry-sponsored programs. The group’s diverse background and in-depth industry knowledge enables the firm to provide clients with creative and sensible solutions.