Hunton Andrews Kurth’s lawyers have over two decades of experience resolving reinsurance disputes, including through multiple trials under many types of reinsurance agreements, including treaty and facultative agreements; managing general agency agreements; and retrocessional agreements. 

Types of Agreements

• Treaty Agreements
• Facultative Agreements
• Managing General Agency Agreements
• Retrocessional Agreements

Settings

• Pre-Dispute
• In Arbitrations
• In State and Federal Litigations

Underlying Losses and Claims

• Environmental, Asbestos and Other Toxic Tort Claims
• Bad Faith Liability
• Financial Services and Bond Claims
• Marine and Aircraft Claims
• Workers’ Compensation Claims

Examples of Disputed Issues

Our attorneys have helped clients navigate challenges posed by:

• the application of the follow-the-fortunes doctrine to allocations, settlements and coverage positions;
• the contours of the duty of utmost good faith;
• aggregation and allocation of underlying claims, including “causative agency” provisions;
• rescission;
• late notice, including evaluating prejudice arguments;
• the treatment of defense costs, including caps on defense coverage;
• coverage for declaratory judgment expenses;
• insolvency issues;
• scope of the Federal Arbitration Act and state arbitration statutes; and
• ex gratia payments.

• Representation of client in two-week jury trial involving disputes over reinsurance allocation.
• Representation of client in two-week jury trial involving disputes over follow-the-fortunes and follow-the-settlements, missing reinsurance contract documentation, interpretation of reinsured policies and allegations of bad faith.
• Representation of client in two-week bench trial involving dispute between cedent and reinsurer over defense coverage under umbrella insurance policies and reinsurer’s request for reimbursement.
• Advise client on potential dispute between energy company and reinsurer of company’s workers’ compensation liabilities.
• Representation of client in two-week arbitration hearing concerning interpretation of limits in primary general liability policies and application of reinsurance limits (Bellefonte issue).
• Advise client on reinsurance claim arising out of underlying settlement of claim under property insurance policies and related bad faith lawsuit.
• Advise client on reinsurance claim arising out of decades-old environmental claim under general liability policies.
• Representation of client in federal court litigation involving follow-the-fortunes doctrine, bad faith, and late notice and rescission defenses.
• Advise client on reinsurance claim arising out of underlying automobile accident and related bad faith lawsuit.
• Advise client on captive insurance program for cyber liabilities, including on language for reinsurance contract between reinsurers and captive insurer.
• Evaluate direct claim against reinsurer of captive insurance company involving alleged business interruption losses under property insurance policy.
• Advise client on reinsurance claims arising out of underlying sexual abuse lawsuits.
• Representation of client in state court litigation involving billings submitted to reinsurance pool and involving dispute over reinsurance accepted amount.
• Representation of client in arbitration between cedent and treaty reinsurer involving interpretation of “causative agency”
• Representation of client in dispute between cedent and treaty reinsurers arising out of coverage and bad faith litigation over errors and omissions insurance policies, including related arbitration.
• Advise client on commutations with reinsurers in captive insurance program.
• Representation of client in dispute between cedent and treaty reinsurers arising out of environmental coverage litigation over general liability policies, including proper allocation between loss and expense.
• Representation of client in dispute involving managing general agent concerning insurance and reinsurance pool companies relating to obligations to manage book of legacy marine and casualty policies, including related state court confirmation proceedings confirming award in state court.
• Representation of client in reinsurance arbitration arising from complex workers’ compensation carve-out coverage dispute.
• Representation of client in arbitration involving underlying financial and securities fraud claims under general liability and crime policies.
• Representation of client in arbitration involving financial fraud claims and interpretation of multiyear policy terms.
• Representation of client in arbitration involving trigger issues for claims arising out of Superfund site.
• Representation of client in arbitration involving issues related to workers’ compensation claims and disputes under reinsurance and retrocessionaire agreements.
• Representation of client in connection with arbitration involving issues regarding retention in workers’ compensation policies and in related litigation regarding arbitration panel conduct.