Reinsurance

KCESD's reinsurance practice is both national and international in scope. With decades of experience in the reinsurance industry, our lawyers have counseled several of the world's leading insurers, facultative and treaty reinsurers, and retrocessionaires in virtually every line of business including:

• Catastrophe and multi-line covers
• Financial products and alternative risk transfer
• First-party property and general liability
• Life, accident, and health
• Professional and specialty lines
• Surety
• Workers’ compensation and workers’ compensation carve out

Our practice includes drafting and review of reinsurance contracts and other transaction documents, including reinsurance agreements, trust and other collateral agreements, MGA and TPA agreements, and commutation agreements. We have counseled cedents and reinsurers on matters involving insurance insolvencies, MGA, TPA, and reinsurance intermediary liability. We have particular expertise in matters arising from the reinsurance of captives and risk retention groups. By combining the resources of our firm's insurance and reinsurance practices, KCESD is able to assemble large or small teams to conduct or assist with underwriting and claim audits in many lines of business.

With respect to our dispute practice, we have represented U.S. and foreign-based insurers and reinsurers in major litigations and arbitrations involving complex, cutting-edge issues including:

• Access to Records
• Aggregation and Allocation
• Application of Retentions, Limits and Loss Corridors
• Arbitrability and Scope of Arbitration Provisions
• Bad Faith and Unfair Claim Practices
• Contract Formation and Rescission
• Convention on the Recognition and Enforcement of Foreign Arbitral Awards
• Coverage for DJ Expenses
• Cut-Through Endorsements
• Extra-Contractual and Excess of Policy Limits Liabilities
• Follow-the-Fortunes
• Fraud/Misrepresentation/Utmost Good Faith
• Late Notice and Time-Bar Issues
• Loss Portfolio Transfers
• Mandatory Commutation Provisions
• Net Retained Lines
• Number of Occurrences
• Treaty Termination and Commutation
• Warranties and Underwriting Guidelines

In addition to our world-class experience and expertise, KCESD offers a unique value proposition which enables us to accept many engagements that would not be economically feasible for other firms with comparable credentials in the reinsurance industry.