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  • schedule 90 minutes

Reinsurance Right-to-Associate and Claim Control Clauses: Effect on Claims Handling, Settlement, and Bad Faith

$297.00

This course is $0 with these passes:

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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.

Presented By

Alexander G. Henlin
Miscellaneous
Alexander G. Henlin
Attorney
McAngus Goudelock & Courie LLP

Mr. Henlin has 20 years of experience counseling and representing insurers and reinsurers in arbitrations, litigation and alternative dispute resolution proceedings across New England. He has served as lead counsel in both trial court and appellate proceedings and brings a practical perspective on intricate insurance coverage matters. Well-versed in primary and excess-layer insurance programs, encompassing both first-party and third-party risks, he frequently addresses coverage issues in general liability, D&O, E&O and professional liability policies, including emerging risks.


Mr. Henlin has guided both cedants and reinsurers in arbitration, handling facultative certificates and treaty programs. He routinely advises both ceding and reinsuring companies on their rights and responsibilities. His experience includes the defense of consumer financial claims against lenders and loan servicers, and he has successfully defended his clients before both trial and appeals courts across the New England region, in addition to finding resolution to dozens of other claims.

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.

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


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, July 19, 2023

  • schedule

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

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

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?