Practices

Sedgwick's reinsurance practice encompasses the world’s major reinsurance markets.  Sedgwick lawyers practical experience in market-wide problems ranging from asbestos and environmental claims to film finance and workers’ compensation carve-out disputes. Our  reinsurance lawyers have conducted numerous reinsurance arbitrations and been involved in related litigation in the United States, London, Bermuda and Europe.  We have achieved successes for our reinsurance clients in a wide variety of international arbitral venues.

Sedgwick's reinsurance practice encompasses the world’s major reinsurance markets.  Sedgwick lawyers practical experience in market-wide problems ranging from asbestos and environmental claims to film finance and workers’ compensation carve-out disputes. Our  reinsurance lawyers have conducted numerous reinsurance arbitrations and been involved in related litigation in the United States, London, Bermuda and Europe.  We have achieved successes for our reinsurance clients in a wide variety of international arbitral venues.

Our London-based attorneys have expertise in all aspects of London Market reinsurance practice and procedure, and have arbitrated cases in London, Bermuda and the United States.  On the Continent, lawyers with the firm’s Paris and Zurich offices have considerable experience with reinsurance dispute resolution and arbitrations in jurisdictions as diverse as France and Bermuda, having served as counsel or as arbitrators in various cases, as well as on the creditors’ committee of insolvent reinsurers.  The reinsurance lawyers in the Paris and Zurich offices had formative training as in-house counsel with European reinsurers, and are conversant with the practice and legal framework of reinsurance on the Continent.  And, in the United States, our attorneys have broad experience representing and advising domestic cedents and reinsurers, as well as foreign reinsurers whose U.S.-based business has led to disputes requiring resolution in court or arbitration. 

Sedgwick lawyers in the United States and Europe have been closely involved with reinsurers in the establishment of reserves for loss portfolios and individual large losses, in conducting in-depth claims reviews and file inspections in various lines of business, and in drafting provisions for facultative and treaty wordings.  We have guided the firm’s reinsurance clients towards achieving many successful commutations.

Sedgwick’s reinsurance practice is part of the firm’s Insurance Practices Group , a firmwide multidisciplinary collective of practice groups serving all facets of the insurance industry. Our clients cover the spectrum of the insurance industry and include some of the largest reinsurers in the business.

Reinsurance Dispute Resolution

In the area of dispute resolution, Sedgwick’s reputation and performance are second to none.  Our attorneys have represented ceding companies and assuming reinsurers in numerous disputes in the United States, Bermuda, London and Continental Europe involving issues such as:

• Horizontal versus vertical allocation disputes
• Aggregation and number of retention questions
• Follow the fortunes and follow the settlements issues
• Disputes over extra-contractual obligations (XPL and ECO)
• Fraud, non-disclosure and misrepresentation including rescission (avoidance)
• Disputes over underwriting agency and pooling agreements
• Run-off and insolvencies in various jurisdictions worldwide
• Collection of reinsurance (or retrocession) recoverables
• Breach of notice provisions and the duty of utmost good faith

Many of these cases have involved arbitration under ad hoc rules, national arbitration statutes, or trade association rules.  Nevertheless, we pride ourselves on our success in discreetly and expediently handling and resolving disputes through negotiation as well as alternative dispute resolution techniques, such as mediation.

Reinsurance Advisors

As reinsurance advisors, our services include:

• Underwriting reviews of prospective ceding companies
• Reserve analyses of loss portfolios
• Development of new products and programs
• Monitoring complex (e.g. multi-party, multi-jurisdictional) claims
• Claims reviews on both an ongoing or individual basis
• Drafting and interpretation of facultative and obligatory reinsurance contracts or specific clauses
• Negotiating, structuring and documenting commutations
  

Sedgwick's reinsurance practice encompasses the world’s major reinsurance markets.  Sedgwick lawyers practical experience in market-wide problems ranging from asbestos and environmental claims to film finance and workers’ compensation carve-out disputes. Our  reinsurance lawyers have conducted numerous reinsurance arbitrations and been involved in related litigation in the United States, London, Bermuda and Europe.  We have achieved successes for our reinsurance clients in a wide variety of international arbitral venues.

Our London-based attorneys have expertise in all aspects of London Market reinsurance practice and procedure, and have arbitrated cases in London, Bermuda and the United States.  On the Continent, lawyers with the firm’s Paris and Zurich offices have considerable experience with reinsurance dispute resolution and arbitrations in jurisdictions as diverse as France and Bermuda, having served as counsel or as arbitrators in various cases, as well as on the creditors’ committee of insolvent reinsurers.  The reinsurance lawyers in the Paris and Zurich offices had formative training as in-house counsel with European reinsurers, and are conversant with the practice and legal framework of reinsurance on the Continent.  And, in the United States, our attorneys have broad experience representing and advising domestic cedents and reinsurers, as well as foreign reinsurers whose U.S.-based business has led to disputes requiring resolution in court or arbitration. 

Sedgwick lawyers in the United States and Europe have been closely involved with reinsurers in the establishment of reserves for loss portfolios and individual large losses, in conducting in-depth claims reviews and file inspections in various lines of business, and in drafting provisions for facultative and treaty wordings.  We have guided the firm’s reinsurance clients towards achieving many successful commutations.

Sedgwick’s reinsurance practice is part of the firm’s Insurance Practices Group , a firmwide multidisciplinary collective of practice groups serving all facets of the insurance industry. Our clients cover the spectrum of the insurance industry and include some of the largest reinsurers in the business.

Reinsurance Dispute Resolution

In the area of dispute resolution, Sedgwick’s reputation and performance are second to none.  Our attorneys have represented ceding companies and assuming reinsurers in numerous disputes in the United States, Bermuda, London and Continental Europe involving issues such as:

• Horizontal versus vertical allocation disputes
• Aggregation and number of retention questions
• Follow the fortunes and follow the settlements issues
• Disputes over extra-contractual obligations (XPL and ECO)
• Fraud, non-disclosure and misrepresentation including rescission (avoidance)
• Disputes over underwriting agency and pooling agreements
• Run-off and insolvencies in various jurisdictions worldwide
• Collection of reinsurance (or retrocession) recoverables
• Breach of notice provisions and the duty of utmost good faith

Many of these cases have involved arbitration under ad hoc rules, national arbitration statutes, or trade association rules.  Nevertheless, we pride ourselves on our success in discreetly and expediently handling and resolving disputes through negotiation as well as alternative dispute resolution techniques, such as mediation.

Reinsurance Advisors

As reinsurance advisors, our services include:

• Underwriting reviews of prospective ceding companies
• Reserve analyses of loss portfolios
• Development of new products and programs
• Monitoring complex (e.g. multi-party, multi-jurisdictional) claims
• Claims reviews on both an ongoing or individual basis
• Drafting and interpretation of facultative and obligatory reinsurance contracts or specific clauses
• Negotiating, structuring and documenting commutations