Topic: Reinsurance

Court Rejects Cedent’s Argument that the “Follow the Fortunes” Clause Should be Implied into a Facultative Certificate and Binds Cedent to its Initial Settlement Allocation

In a recent decision originating from the United States District Court for the Western District of Oklahoma, Oklahoma v. Employers Reinsurance Corp., No. Civ-06-0426-HE, (W.D. Okla. Sept. 13, 2007), the court refused to imply a “follow the fortunes” clause into a facultative certificate in the absence of the explicit inclusion of such a term by the parties. 

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Connecticut Federal Court Rules that Certain Communications Between a Cedent and Reinsurer in a Hurricane Katrina-Related Case are Not Protected by the Work-Product Privilege

In a case arising out of Hurricane Katrina-related damages, the United States District Court for the District of Connecticut ruled that communications between a cedent and reinsurer that were prepared in the ordinary course of business are not protected by the work-product privilege. 

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U.S. Insurers Urge Congress to Modify Provisions of Current Tax Law Related to Foreign Insurers

On September 26, 2007, William R. Berkley, Chairman and C.E.O. of W.R. Berkley Corporation, the ninth largest commercial insurer in the U.S., addressed the Senate Finance Committee concerning an alleged flaw in the current U.S. tax system that provides certain economic advantages to foreign property and casualty insurers domiciled in favorable tax jurisdictions, such as Bermuda. 

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Connecticut AG Files Complaint against Guy Carpenter and Excess Re – Direct Summary

On October 9, the Connecticut Attorney General (the “CT AG”) filed a Complaint against Guy Carpenter and Excess Reinsurance Inc.  The Complaint is 107 pages long and contains numerous highly-disputed allegations about the structure of the reinsurance markets over the last fifty years as well as hotly contested claims about the activities of the participants in certain reinsurance facilities. 

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