Reinsurance industry practices have changed in recent years, placing more and more emphasis and importance on reinsurance contract wordings. It is more apparent that a contract is only an advantage if it exactly reﬂects what the underwriter intended and the insured expected. If companies want to avoid lengthy and expensive disputes, they must develop clear and thorough reinsurance agreements and avoid frequent and small nuances that can land reinsurance companies in trouble. This seminar focuses on advanced, up-to-the-minute issues of reinsurance contracts.
Follow wordings – Issues, options and effective drafting
The Insurance Act 2015 – how it impacts your policy wording
Notice and information clauses
Drafting watertight reinsurance clauses: some common mistakes
Developments in property and casualty clauses
Loss portfolio transfer and ‘finality’ contract drafting
Being prepared for reinsurance disputes: Wordings and their role in dispute resolution
Ben Ogden is a partner at Ince & Co. He joined the partnership in 2002 and is a member of the firm’s insurance practice specialising in contentious matters. Ben heads up the Alternative Dispute Resolution Group in the firm and regularly mediates claims as an alternative to trial or arbitration. He advises on a wide variety of insurance claims both for and against insurers. He has regularly acted in professional indemnity matters (in particular for solicitors but also for brokers and against surveyors and architects). He also handles re-insurance, marine insurance and political and contingency risk insurance claims.
Phillippa Rowe, senior partner of independent reinsurance consultants Phillippa Ross & Co., has over 30 years experience of insurance and reinsurance claims in Lloyd’s and the London market and internationally. She began her reinsurance career with 15 years with the Kiln group at Lloyd’s. She currently acts as arbitrator, mediator, expert witness and technical consultant in a wide range of claims, wordings and market practice matters and writes, lectures and provides training courses on similar subjects.
Peter Wedge is a legal and claims executive with 30 years broad claims, litigation, and contract drafting experience in the (re)insurance industry. He works at Swiss Re as Global Contracts Knowledge Manager. He previously served as Senior Legal Counsel at Infrassure Limited; Global Head of Claim Solutions with SCOR; and Head of Claims for Alea Limited. Peter is an elected Fellow of the Chartered Insurance Institute and is the author of, inter alia, the Chartered Insurance Institute’s textbook on ‘Claims Management’; ‘Reinsurance Claims Management’ published by Witherbys.
Simon Cooper is a Partner in the Insurance and Reinsurance Group of Ince & Co LLP. He has more than 27 years’ experience of advising clients in the London and international insurance and reinsurance markets and has extensive experience of acting in large scale disputes in the English Commercial Court and appellate Courts, in ad hoc arbitrations and in overseas jurisdictions. Many of these disputes have involved multiple parties and complex issues of fact and law. Simon also has comprehensive experience of mediation and other forms of Alternative Dispute Resolution. Simon’s practice focuses on reinsurance, financial lines and professional indemnity business but has included most areas of non-marine business. Simon is recommended in various guides including Legal 500, Chambers and The Euromoney Expert Guide. He is a member of the IUA Clauses Subcommittee and edited the second edition of ‘Reinsurance Practice & the Law’ as well as writing and lecturing frequently.
Christopher Foster is a Partner at Holman Fenwick Willan. He has considerable experience in contentious insurance and reinsurance matters, often with an international element, and commercial litigation generally. Christopher acts for insurers, reinsurers, and major insured entities and their captive insurers. His experience includes California wildfires, the invasion of Kuwait, WorldCom, Exxon Valdez, hurricane Katrina, the Lloyd’s litigation, asbestos, pollution, Enron, pharmaceutical liabilities, 9/11, Venezuelan political risks and volcanic ash. Christopher is the author of the arbitration chapter in the Insurance Institute of London’s book, Alternative Dispute Resolution in Practice, and a member of the Insurance Committee of the City of London Law Society.
David Murphy, Partner, Elborne Mitchell LLP, has more than 20 years’ experience in handling complex insurance and reinsurance claims and coverage issues. His expertise spans a variety of classes of business and sectors, including property/business interruption, political violence/ terrorism, energy, engineering, mining, BBB, financial lines, professional indemnity, D&O, EL/PL and credit insurance. David’s dispute resolution capability includes litigation, arbitration and mediation often involving multi-parties and usually with a significant international element. He is familiar with managing claims and coverage issues arising from numerous parts of the globe, including Latin America, Continental Europe, the United States and Asia Pacific. He also regularly advises on the drafting of policy wordings and clauses. He has been recognised for his expertise in leading legal directories.
Duncan Strachan is a Partner at Sedgwick Detert Moran & Arnold LLP. He represents clients in the London market on insurance and reinsurance coverage matters. He advises on all aspects of insurance and reinsurance, with experience in the fields of casualty, property, financial institutions, professional indemnity and construction. Duncan is fluent in Spanish and deals regularly with large and complex cases across South America. He is experienced in advising on litigation defence and coverage issues in the key jurisdictions, including Brazil, Colombia, Chile, Ecuador, Argentina and Venezuela.
Andrew Bandurka is a Partner at Holman Fenwick Willan. He has a wealth of experience in handling reinsurance matters. He led the successful teams in the leading ‘market’ cases to reach the appellate Courts, including the Kuwait invasion aggregation case (Scott v Copenhagen Re), the Exxon Valdez follow settlements case (King v Brandywine) and the 9/11 Twin Towers aggregation case (Heraldglen v AIOI). His other reported reinsurance cases include Home v Wurtembergische (reinsurance pool run-off) and Hassneh v Pan Atlantic (arbitrator qualifications). He is an ARIAS approved arbitrator and an accredited mediator.
Richard Spiller, Partner, Holman Fenwick Willan LLP, is one of the leading lawyers in the alternative risk transfer and ILS space, where he has concluded over 100 transactions. With more than 25 years’ experience working with the insurance industry, he advises on a wide spectrum of non-contentious insurance and reinsurance matters, including acquisitions and disposals, risk transfer transactions, restructuring, regulation and compliance, policy wordings and run-off. Chambers UK says that Richard is “very good at finding practical solutions to difficult legal issues” and “probably one of the smartest corporate lawyers around”.
Carol-Ann Burton, Partner, Holman Fenwick Willan LLP, is an expert in financial services regulation and insurance, with over fifteen years’ experience of advising clients on their legal, regulatory, supervisory and policy issues in the global financial services and insurance sectors. Carol-Ann’s practice covers complex insurance and reinsurance transactions, and she has particular expertise in Part VII Transfers and other exit strategies. Chambers UK says that ‘Carol-Ann Burton impresses sources with her ability to “think logically and articulate very crisply what she thinks, and why she thinks it.”’
This course qualifies for the following CPD programmes: