Years ago a large global insurer, working to grow its book and establish a presence in a new market, underwrote a large deductible workers compensation account that, under normal circumstances, might have either been rejected or set at a very high premium with substantial collateral to reduce the insurer’s risk. However, neither occurred because the carrier was anxious to … [Read more...] about Your Deal: Large Deductible Programs
Regulatory
Pro Hac Admission in Connecticut: Implications for Insurers and Attorneys Alike
The State of Connecticut recently revised its judicial rules to require that any attorney not admitted in Connecticut be admitted pro hac vice prior to appearing on behalf of a client before any state or municipal government agency. As with any pro hac vice admission, out-of-state attorneys will be required to fill out the requisite application and retain local counsel as a … [Read more...] about Pro Hac Admission in Connecticut: Implications for Insurers and Attorneys Alike
Lifting the Veil on Arbitration Proceedings: Who’s Your Arbitrator: Arbitrator Disqualification by the Courts
In the Spring 2016 issue of AIRROC Matters, we featured Part 1 of a multipart arbitration series by Michael Goldstein and Dan Endick titled, “When Courts Peek Under the Arbitral Veil: The Role of the Courts in Managing Your Reinsurance Arbitration.” Part 2 was “Lifting the Veil on Arbitration Proceedings: Who’s Your Counsel – Disqualification of Counsel by Courts” and it … [Read more...] about Lifting the Veil on Arbitration Proceedings: Who’s Your Arbitrator: Arbitrator Disqualification by the Courts
Trash or Treasure. Are Insolvencies and Reinsurance Asset Sales Inevitable?
The purchase of distressed debts is not a new thing. Losses generated in the 1990’s by rocketing APH exposures and the dawn of a new era of litigation saw billions of dollars of additional liability flood the market, and the run-off industry as we know it was born. Today, it is estimated that the value of non-life European run-off stands at around €247bn and this is anticipated … [Read more...] about Trash or Treasure. Are Insolvencies and Reinsurance Asset Sales Inevitable?
Lessons of ROM v. Continental: Who Decides Whether Claims are Timely and Under What Circumstances?
Assume you are a reinsurer and you receive a number of arbitration demands. At least one of the demands pertains to a claim (“OLD CLAIM”) where you denied reinsurance coverage nearly 10 years ago. You agree to consolidate the arbitrations. You also name your arbitrator as a precaution because the treaties require that an arbitrator be named quickly and you still have to … [Read more...] about Lessons of ROM v. Continental: Who Decides Whether Claims are Timely and Under What Circumstances?
Lifting the Veil on Arbitration Proceedings: Who’s Your Counsel: Disqualification of Counsel by Courts
In the Spring 2016 issue of AIRROC Matters, we featured Part 1 of a multipart arbitration series by Michael Goldstein and Dan Endick titled, “When Courts Peek Under the Arbitral Veil: the Role of the Courts in Managing Your Reinsurance Arbitration”. The following article is Part 2, “Who’s Your Counsel.” The final article in the series – Part 3 – will appear in a subsequent … [Read more...] about Lifting the Veil on Arbitration Proceedings: Who’s Your Counsel: Disqualification of Counsel by Courts
Clearing the Smoke: Legal Marijuana: An Insurable Risk
George Washington reportedly grew it. Bill Clinton and Barack Obama have admitted to smoking it (although only one admitted to inhaling). A 2015 Gallup poll revealed that 44% of American adults have tried it. Twenty-three states have legalized it for medical use, and four have done so for recreational use. “It,” of course, is marijuana, also known as cannabis, weed, or pot. … [Read more...] about Clearing the Smoke: Legal Marijuana: An Insurable Risk
Light Speed Liquidation: A Roadmap of Reliance’s Steps to Rapid Closure of the Estate
On October 3, 2001, Reliance Insurance Company was placed into liquidation by Order of the Commonwealth Court of Pennsylvania. In her Petition to the Commonwealth Court seeking an Order to place Reliance into liquidation, Commissioner of Insurance Diane M. Koken indicated that Reliance had a negative surplus of over one billion dollars. Reliance, at the time, was considered to … [Read more...] about Light Speed Liquidation: A Roadmap of Reliance’s Steps to Rapid Closure of the Estate
Legacy Attracts New Investors: Hadley Explains How “Runoff” Equals “Payoff” for Investors
The legacy sector offers expanding investment opportunities as more companies prepare to sell off non-core or non-performing portfolios while investors look for new outlets. Barbara Hadley reports. This could well herald a boom time for the legacy market; an increase in sellers, favourable regulatory climate and capital looking for somewhere to go. According to a Swiss Re … [Read more...] about Legacy Attracts New Investors: Hadley Explains How “Runoff” Equals “Payoff” for Investors
When Courts Peek Under the Arbitral Veil: The Role of the Courts in Managing Your Reinsurance Arbitration
Arbitration in general is intended as an alternative to litigation in the courts. For good reasons, courts rarely intervene in pending arbitrations and instead require the parties, under most circumstances, to wait for a final award before seeking redress for perceived grievances in the arbitration process. Indeed, the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), … [Read more...] about When Courts Peek Under the Arbitral Veil: The Role of the Courts in Managing Your Reinsurance Arbitration
Blending Free Market Economy with a Sense of Reality: The Federal Insurance Office
Update Since the time when I penned this article that appeared in the Spring 2011 issue of AIRROC Matters, a lot has changed. At the end of 2014, the U.S. still topped the world market with a GDP of $17.3 Trillion, up $4.4 Trillion from year end 2009. China was second, with a GDP of $10.4 Trillion. The Federal Insurance Office published its Annual Report for the U.S. … [Read more...] about Blending Free Market Economy with a Sense of Reality: The Federal Insurance Office
Drones — Ready for Take Off
The commercialization of drone technology has exploded over the past few years and the global use of drones is expected to have enormous implications. Insurance coverage for drone operation is an essential aspect of this technological evolution. What is a drone? Drones come in a variety of sizes and types, from model aircraft for personal use to large, fixed winged … [Read more...] about Drones — Ready for Take Off
A Call to Action: Recruiting the Next Generation of Insurance Talent
The insurance industry stands at the cusp of a growing talent crisis. With an increasingly “greying” workforce, an impending wave of retirements and a startling lack of incumbent talent, the need for an industry solution is real and immediate. Unfortunately, many insurers are unprepared to face a fiercely competitive recruitment climate. To ensure the continued success of … [Read more...] about A Call to Action: Recruiting the Next Generation of Insurance Talent
Insurance Business Transfer: Rhode Island’s Answer to Part VII
Something new and important is coming to the $200 billion plus run-off market in the U.S. Proposed amendments to Insurance Regulation 68 are pending in the State of Rhode Island (RI) and are expected to be approved later this year. These amendments have the potential to invigorate and transform the market, similar to what has occurred in the UK run-off market over the last … [Read more...] about Insurance Business Transfer: Rhode Island’s Answer to Part VII
Where Do Values Spring From?
In October 2014, AIRROC announced the third recipient of the Trish Getty Scholarship to a St. John’s University student. The annual award was established to honor the organization’s founding Executive Director. The 2014 honoree, Abigayle Claflin, and her grandfather recently met Trish for lunch… Abigayle Claflin, our 2014 recipient of the Trish Getty Scholarship Fund at St. … [Read more...] about Where Do Values Spring From?
AIRROC Dispute Resolution: Adding Simplified Mediation to Your Toolbelt
Test Drive the Future of Runoff: The Vermont Legacy Insurance Management Act of 2014
Companies and investors in the runoff space are generally aware that the State of Vermont’s new Legacy Insurance Management Act (LIMA), signed into law on February 19, 2014, has created a novel runoff business transfer method in a runoff market that has long been in need of growth and innovation, but the Act, its background and its potential applications have only begun to be … [Read more...] about Test Drive the Future of Runoff: The Vermont Legacy Insurance Management Act of 2014
Welcome to the New World of Run-Off. Part 2: New Restructuring Opportunities for the U.S. P&C Market
The global financial crisis of several years ago forever changed the way business looks at itself – as well as the way the public and regulators view business. The outlook of most business leaders has changed from the pre-2007 expected future of unlimited growth to a more somber and practical outlook – with more focus on potential loss of wealth, asset protection, increased … [Read more...] about Welcome to the New World of Run-Off. Part 2: New Restructuring Opportunities for the U.S. P&C Market
Walking the High Wire: The Discoverability of Insurer/Reinsurer Communications in Insurance Coverage Litigation
In insurance coverage litigation, cedants and reinsurers have a common financial interest in the investigation and adjustment of complex, high-dollar or questionable claims. In the real world, a joint financial interest is the firmest of foundations for expectations of confidentiality. Cedants have a duty to keep reinsurers informed, and reinsurers may decide to join in the … [Read more...] about Walking the High Wire: The Discoverability of Insurer/Reinsurer Communications in Insurance Coverage Litigation
