Insurance & Reinsurance Disputes

We represent or have represented:

• Insurer in $100 million+ coverage dispute (international arbitration) over environmental contamination claims.
• Insurer in $20 million coverage dispute over municipal liability for widely-publicized malicious prosecution scheme.
• Insurer in multiple state court litigations over coverage for MTBE contamination.
• Insurer in multiple state court litigations over lead paint claims.
• Insured in $100 million+ property/business interruption arbitration.
• Insured in disputed claims on employee fidelity bonds.
• Insured in dispute over multi-million dollar property damage to engine turbine.
• Insurer in $100 million+ international arbitration over products liability exposure.
• Insurer in $75 million+ E&O and CGL dispute over defense costs arising out of antitrust action.
• Insurer in $25 million excess claim for catastrophic personal injury.
• International life insurer in a putative securities class action arising from losses in client funds that resulted from indirect investments in Bernard L. Madoff Securities LLC.
• International insurance and reinsurance company in litigation regarding representations and warranties in a Commission Purchase Agreement.

We represent or have represented:

• Reinsurer in a pending appeal to the Second Circuit of a $66 million jury verdict concerning allocation of asbestos losses.
• Insurer in multiple cases to recover reinsurance on losses totaling well in excess of $1 billion based on asbestos, environmental and other mass tort claims. We have prosecuted these cases in court in New York and Massachusetts and in a series of arbitrations.
• Major domestic insurer in two arbitrations for collection of reinsurance protecting insurance-wrapped residential mortgage-backed securities and variable rate demand obligations.
• UK subsidiary of a leading financial guarantee insurer in connection with insolvency proceedings commenced against its US parent and ultimately in the commutation of a 90 % quota share reinsurance contract involving hundreds of millions of dollars in premium and claim payment obligations.
• Domestic insurer by providing New York law advice to London counsel in support of High Court actions against reinsurer and reinsurer broker.
• A small, independent reinsurer in a successful challenge to one of the largest domestic carrier’s retroactive reallocation of large losses under a highly complex program for the insurance of major league sports disability losses.
• Reinsurer in a dispute with another reinsurer concerning exposure to losses on a portfolio of securities.
• Insurer in an action alleging fraud and breach of contract related to reinsurance contracts covering premiums paid on aviation contracts covering losses related to the 9/11 attacks.
• Foreign run-off administrator in a dispute with a domestic cedant concerning claims on a series of reinsurance contracts with a dissolved reinsurer.
• Property insurer in a successful arbitration against a reinsurer to determine the number of occurrences implicated by extensive construction defects that required the reconstruction of a large apartment complex.
• Property insurer in an arbitration against multiple reinsurers concerning the interpretation of an hours clause.
• Reinsurance brokers as amici curiae in a successful effort to overturn a major Second Circuit reinsurance decision.
• Cedents and reinsurers in multiple disputes arising from finite risk arrangements. In one case we achieved a favorable settlement for a reinsurer of a liquidator’s state RICO claim seeking treble damages of approximately $75 million on the theory that a finite contract had caused the ceding company’s insolvency.
• Life reinsurer in an arbitration with the liquidator of a cedent.
• Life reinsurer in multiple arbitrations arising from losses in excess of $2 billion on workers’ compensation carve-out reinsurance.
• Insurer and reinsurer in connection with nearly $1 billion exposure to losses arising out of the destruction of the World Trade Center.
• Reinsurer in New York state court action concerning losses on residual value insurance programs.
• Insurer in $150 million arbitration to enforce surety reinsurance coverage.
• Insurer in an action alleging fraud and breach of contract related to reinsurance contracts covering premiums paid on aviation contracts covering losses related to the 9/11 attacks.
• Multiple acquirers of reinsurance companies in federal and state court litigation regarding representations and warranties in Stock Purchase Agreements.