Letter agreements are usually confidential. As a result, there is a dearth of practical guidance on when, and how, to use them. Porter Wright Morris & Arthur LLP helps fill that gap. Your settlement negotiation checklist should include this entry: “whether, and how, to use a letter agreement.” A letter agreement—if well-drafted—can … [Read more...] about Using a Letter Agreement to Strengthen the Confidentiality of Settlement Negotiations
Legal
Assessing USF&G’s ‘Objective Reasonableness’ Standard
Let’s take a look at the impact of one of the reinsurance industry’s most talked about and scrutinized case dealing with post-settlement allocations. http://airrocupdate.wpengine.com/wp-content/uploads/2020/05/ARIAS-Q1-Final-1.pdf This article was first published in the ARIAS-U.S. Quarterly, Q1 2020. … [Read more...] about Assessing USF&G’s ‘Objective Reasonableness’ Standard
States Open The Window For Sex Abuse Claims
New Jersey, California and North Carolina join list of jurisdictions that have enacted "revival windows” for time-barred sex abuse claims. New Jersey “revival window” for time-barred sex abuse claims effective as of December 1, 2019; California and North Carolina to follow in January 2020 This year has been a busy one for state legislatures, many of which … [Read more...] about States Open The Window For Sex Abuse Claims
The Edges of Follow the Fortunes
Ask two reinsurance experts to define the parameters and limitations of Follow the Fortunes (“FTF”) and you will, undoubtedly, receive two different responses. Provide these experts with a fact pattern and ask whether FTF applies, and you are still likely to receive inconsistent answers. It hardly matters whether the experts have more experience on the ceded or … [Read more...] about The Edges of Follow the Fortunes
