By Patrick H. Cantilo, Mark F. Bennett, and Arati Bhattacharya
In this chapter, five insurance insolvencies are discussed in detail to illustrate a number of the issues that are presented in the management of troubled insurers...
Appleman on Insurance is recognized as the most authoritative, comprehensive and up-to-date reference in the field of insurance law. It covers all aspects of insurance law, including: contract formation; rights and duties under the insurance policy; duties...
By David A. Attisani and Ethan V. Torrey, Partners, Choate, Hall & Stewart LLP
Fair, efficient, and reliable dispute resolution procedures are vital to protect the rights and clarify the duties of parties arising under reinsurance contracts. This...
By Bruce Baty and Jodi Adolf
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Chapter 102 discusses the consequences of an insurer insolvency for the policyholders, agents, excess insurers and reinsurers of the insolvent insurer.
The chapter begins in Section 102.01 with...
By Daniel W. Gerber, Jeffrey L. Kingsley and Fallyn B. Reichert, Attorneys, Goldberg Segalla LLP
Chapter 71 provides a thorough introduction to reinsurance and its commercial purposes; the operation of reinsurance contracts; and certain fundamental...
By Kimberly M Welsh, Vice President and Assistant General Counsel, RGA
The following chapter discusses important principles of reinsurance regulation today. It begins in Section 78.01 with an overview of the regulatory framework for reinsurers and...
By Marc J. Pearlman, Mark A. Kreger, and Steve Nunn
This chapter begins with a description of the key functions performed by reinsurance intermediaries. (Note that intermediaries can be individuals or entities.) Section 75.01 notes that these functions...
By Daniel W. Gerber, Jeffrey L. Kingsley, and Clayton D. Waterman
Chapter 74 provides a comprehensive analysis of the duties, obligations and limits of reinsurers in reinsurance transactions.
Section 74.01 begins by examining the duty of utmost...
By James Crabtree, Anthony Menzies, Jonathan Rogers, and Susannah Wakefield, Partners, Taylor Wessing
This chapter begins in Section 79.01 with a discussion of the history and structure of the Lloyd's Market. A clear understanding of the Lloyd's...
By Barry Leigh Weissman, Partner, Edwards Wildman Palmer LLP, and Bella Shirin, Associate, SNR Denton US LLP
Chapter 76 discusses the role of utmost good faith in reinsurance transactions and dispute resolution.
Section 76.01 explains how the...
By Robert Tomilson, Benjamin Blume, and Daisy Khambatta, Members, Cozen O'Connor
It might be said that while a reinsurer has only one duty, to pay covered claims, a cedent's duties are manifold. The cedent, usually without the consent or participation...
By Keith A. Dotseth, Michael J. Steinlage, David C. Linder and Melissa M. Weldon, Partners, Larson • King, LLP
Chapter 72 discusses basic principles related to the formation and terms of reinsurance contracts. The chapter begins by considering...