BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Insurance

Date & Time
  • event Date

    Wednesday, July 19, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will offer insight into the rights of insurers and reinsurers regarding their "right-to-associate" and "claim control" rights and the consequences of invoking them. The panel will discuss what these rights mean, potential bad faith liability that can arise, how reinsurers can waive protections from liability, and strategies for dealing with claimants' counsel seeking discovery of reinsurance details.

Faculty

Alexander G. Henlin
Miscellaneous
Robert A. Whitney
Member
Sulloway & Hollis, PLLC

Mr. Whitney has 25 years of experience in complex insurance coverage, bad faith, reinsurance, regulatory affairs and compliance, and commercial litigation, and he has resolved disputes throughout Massachusetts, New England and nationally. His practice includes representing insurers and reinsurers in coverage and bad faith disputes before state and federal courts in Massachusetts, New Hampshire, Rhode Island, New Jersey, and Pennsylvania. Mr. Whitney also has extensive experience in negotiating the resolution of disputed coverage claims, and has counseled insurance company clients on claims litigation strategy, claims resolution procedures, and coverage questions. He also served as Judicial Clerk to the Honorable Harold Baker, District Judge, United States District Court for the Central District of Illinois.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Insurers risk impairing their available reinsurance, and claimants risk diminished offers in high-exposure cases, if they do not understand the legal issues that reinsurance contracts present in the claims-resolution process.

The "follow the settlements" doctrine typically requires the reinsurer to cover settlements made by the insurer, a/k/a the "cedent," provided the settlements are not fraudulent, collusive, or made in bad faith. "Right-to-associate" provisions give a reinsurer the right to "consult with and advise the reinsured in its handling of a claim." What information the insurer must provide to its reinsurer(s) and whether it must take the advice is not always clear. If the cedent breaches this clause, it may forfeit its ability to be reinsured.

A "claim control" or "claim cooperation" clause gives the reinsurer either the option or the obligation to exercise actual control over all or a portion of the claim handling process, settlement, or the right or obligation to investigate, adjust, or resolve claims. The more control over an underlying claim that the contract grants to the reinsurer, the more difficult it can be for the insurer to fulfill its many legal duties.

Listen as this panel of reinsurance experts illuminates a complex and little understood area of insurance law and how it affects policyholder recovery as well as the insurer and reinsurer.

Outline

  1. Essential concepts
  2. Right-to-associate
  3. Claim control
  4. Strategies

Benefits

The panel will review these and other key issues:

  • What are the major reasons for reinsurance and what are the most common types of reinsurance?
  • What role does reinsurance play in climate change losses?
  • Are reinsurance contracts interpreted differently than insurance policies?
  • Why is timely reporting so important to reinsurers?