Arbitration & Mediation

Mediating Reinsurance Disputes

By Victoria Pynchon

Excerpt from the Loree Reinsurance and Arbitration Law Forum blog:

In our case, two of the three retroceded claims made up most of the $5MM. In the original joint cession, the Retrocessionaire had alleged improper, accommodation underwriting of serious medical issues. Since the parties' prior achievements had built a spirit of cooperation and trust, Retrocedent C agreed to immediately retrieve from both its and Reinsurer B's files additional underwriting and claims records which were shared with both the mediator and Retrocessionaire D. Through additional caucuses, the mediator helped the parties and counsel translate the substantive assessment of such records into rational, realistic and reasonable adjustments to the $5MM claim, narrowing the once '$5MM vs. rescission' gap to within $500,000.

For the full post documenting how the parties reached this stage and how the delta between the two parties was closed, read Mediating Reinsurance Disputes here, based on an article that appeared in issue 108 of JTW News - September 2006.  If you have any questions or comments concerning this post, please use the comments feature provided or email the author at peter@conflictresolved.com.  Copyright 2009, Peter A. Scarpato, Conflict Resolved (www.conflictresolved.com)

Full post as published by Settle It Now Negotiation Blog on May 21, 2009 (boomark / email).