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Capabilities / Reinsurance

Reinsurance

Efficient, pragmatic, and cost-effective risk management and resolution.

Husch Blackwell’s industry-leading reinsurance practice combines an extensive breadth of experience with nationwide coverage to efficiently handle reinsurance matters of any size, scope, or complexity. 

Counseling

Our pre-dispute counseling services are designed to conserve our clients’ money and time. We partner with our clients to conduct investigations and prepare comprehensive coverage and claim analyses to assist clients in making early, informed decisions about the merits of potential claims and defenses.

Litigation, arbitration, and mediation

When disputes are unavoidable, our team nimbly transitions to court, arbitration, or other alternative dispute resolution forums to aggressively and unrelentingly defend our client’s position. Given our geographic breadth, we have litigated in federal and state courts throughout the country; appeared in arbitrations convened under the AAA, JAMs, ARIAS, and ad hoc rules; and mediated before the industry’s most prominent mediators.

Our tier one reinsurance attorneys have been at the forefront of the industry’s highest-profile, highest-stakes disputes for more than 30 years. They counsel insurers (including captives), reinsurers, brokers, and agents in connection with a litany of different lines of business, including property and casualty, life, accident and health (including long-term care), workers’ compensation, inland marine, and finite. Our team has arbitrated, litigated, and mediated the significant procedural and substantive issues that have vexed the insurance and reinsurance industry over the past several decades, including disputes relating to the recapture of business; contingent and traditional business interruption claims (including COVID-19); disputes relating to misrepresentation, non-disclosure, and rescission; complex issues of contract construction and underwriting intent, including number of occurrences, the “Bellefonte” defense, and ECO; alleged costs of climate change; sexual molestation and abuse; bad-faith run-off practices; and arbitrability and post-arbitration award actions. In addition, our depth of litigation experience spans all work that is “insurance-company adjacent,” meaning all commercial litigation/arbitration on behalf of an insurer or reinsurer.

Bottom line: whether a matter can or should be resolved quickly or needs to be litigated/arbitrated, our reinsurance team is well-positioned to partner with our clients to achieve their desired outcome.

Representative Experience

  • Represented captive insurer of Class I railroad in litigation and arbitrations against reinsurers in connection with contingent business interruption claim arising from explosion and fire at oil refinery.
  • Represent ceding company in arbitration against reinsurer concerning recapture of long-term care business.
  • Represent reinsurer in Nebraska federal court litigation involving ceding company’s cession of tens of millions of dollars in putative losses and expenses under a facultative certificate.
  • Represented broker in connection with alleged failure to place tens of millions of dollars of reinsurance.
  • Defeated ceding company’s efforts to bill and collect losses that were not intended to be covered under reinsurance treaties placed 50 years ago
  • Obtained 100% relief, including attorneys' fees, against a company which sought rescission of contracts.
  • Bucked 25 years of precedent and obtained 100% relief on behalf of ceding company in a Pennsylvania state court litigation involving reinsurer’s Bellefonte defense.
  • Obtained substantial relief in a dispute involving 9/11 rescue, recovery, and clean-up claims.
  • Represented reinsurer in arbitrations and litigations involving allocation and late notice issues.
  • Represented reinsurer in connection with ceding company’s attempt to accelerate reinsurance billings arising from structured settlement.
  • Represented ceding company in connection with cession of declaratory judgment expenses to reinsurer in the absence of an indemnity payment.