Chadbourne is a recognized leader in handling reinsurance litigations and arbitrations in the United States, England and internationally. We have achieved numerous victories for our clients and our pending matters encompass most of the current issues today.
Our US-based lawyers have achieved numerous victories for our clients in an array of controversies, ranging from rescission and fraud claims to adequacy of risk transfer, from interpretation of contract language to reformation of contracts, from issues relating to allocation and aggregation and to issues unique to captives and risk retention groups. We have also handled numerous workers compensation, life, health and annuity reinsurance disputes, including disputes focusing on recapture rights. We also have extensive experience representing carriers in disputes that arise under facultative certificates issued to captive health care insurers.
Our London team likewise has an excellent track record handling high-value and high-profile reinsurance disputes. They are market leaders in the fields of financial institutions and commercial crime insurance, with a strong reputation in handling reinsurance disputes, as well as a wide range of professional indemnity and directors' and officers’ claims. They have significant experience handling cross-border disputes, particularly in relation to Latin American, European and Middle Eastern risks affecting the London market, as well as trade, political and credit risks.
An Overview of Our Services
One factor that distinguishes us from others is our enviable track record, only a small portion of which is in the public domain. Our headline victories are only the tip of the iceberg. Many of our most notable successes are confidential arbitration awards or negotiated high-value business resolutions. Another distinguishing characteristic is our unflagging commitment to client service. We believe that it is critical to understand our client’s objectives fully, and to develop our strategy for each individual instruction to achieve those objectives. We strive to foster long-term working relationships with our clients and regularly have done so, thereby becoming our clients’ valued and trusted partner, in developing and bringing a product to market, in crafting an approach to an emerging issue and when prevailing in litigation and arbitration. Our advice is tailored to the complex economic and regulatory environments in which our clients operate. Several of the matters we have handled which have been adjudicated in the court system are described below.
Scandinavian Reinsurance Co. v. St. Paul Reinsurance Co.
Chadbourne represented St. Paul Reinsurance Company (St. Paul) in an arbitration in which the company sought to recover unpaid losses from Scandinavian Reinsurance Company (SRe) under a retrocessional casualty aggregate stop loss agreement. The tripartite arbitration panel rendered an award in favor of St. Paul; the award had a value exceeding US$275 million. SRe later learned that two of the three arbitrators not disclosed their concurrent service as arbitrators in a separate arbitration, and sought to have the award vacated before the United States District Court for the Southern District of New York. The district court vacated the award, but on appeal, the Second Circuit ruled that the failure of the two arbitrators "to disclose their simultaneous service as arbitrators in another proceeding" did not manifest bias and did not require vacatur of the arbitral award, even where the second (undisclosed) proceeding involved "a common witness, similar legal issues, and a related party." The Second Circuit also rejected the district court's finding that the arbitrators' nondisclosure was indicative of "evident partiality," and remanded the matter to the district court with instructions to confirm the award.
R&Q Reinsurance Company v. Utica Mutual Insurance Company
Chadbourne represented R&Q Reinsurance Company in an arbitration commenced by Utica Mutual Insurance Company (Utica) under certain facultative reinsurance agreements. Utica sought reimbursement of sums paid by it to Gould Pumps Inc. for asbestos claims. Following an evidentiary hearing, an arbitration panel issued an award denying significant portions of Utica’s claim. The United States District Court for the Southern District of New York confirmed the award in an opinion dated February 14, 2014. Utica had resisted confirmation of the award, which Utica had earlier (unsuccessfully) asked the panel to reconsider, arguing that the award was not final.
Joy Langford is chair of Chadbourne's Insurance and Reinsurance Group. She concentrates her practice on litigations and arbitrations on behalf of both ceding and assuming reinsurance companies. Ms. Langford has been involved in dozens of arbitrations and litigations involving current issues in...
Adrian Mecz, Managing Partner of the London office, represents the London market and international insurers and reinsurers in connection with high-value claims and coverage issues relating to a wide range of insurance and reinsurance policies, including banking and other financial and...