In reinsurance contracts, it is quite common practice for the wordings, which define the obligations of the parties, to be neglected. This results in the contract being unclear about the relationship between the reinsured and the reinsurer. Unfortunately, issues such as these often cause problems between the parties in later years and can lead to costly disputes. During this training seminar all the important issues which need to be taken into consideration at the contract negotiation and drafting phase will be highlighted.
An introduction to reinsurance contract wordings
Reinsurance contract wordings in practice
An overview of the clauses needed in reinsurance contracts
The interpretation of contract wordings
A practical interactive workshop focusing on reinsurance contract wordings and their interpretation.
Follow the settlement and follow the fortunes, and ex gratia
Loss of reinsurer’s rights – including updates under the Insurance Act 2015
Access to records clauses and confidentiality
The concept of contract certainty
Claims control and claims cooperation clauses
A moderated mock mediation of a reinsurance dispute based on a scenario to be provided to delegates
The impact of the Insurance Act 2015 on reinsurance contract wordings
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.
Kevin Lazarus is a solicitor in the legal and compliance team at Lloyd’s advising the corporation. Before joining Lloyd’s in 2006 he was a solicitor in private practice including at Barlow Lyde & Gilbert where he specialised in reinsurance litigation. Kevin is the co-editor of the Research Handbook on International Insurance Law & Regulation published by Edward Elgar Publishing. At the end of 2013, the Research Handbook was awarded the BILA Insurance Law Book Prize. Kevin is a committee member of the British Insurance Law Association (BILA).
Melanie Rouvray-Kampe works in Claims & Reinsurance within the Group Legal Services department at the head office of the Hannover Re Group in Hannover, Germany. The section is responsible for the legal support of the operational business such as drafting of wordings, clauses and reinsurance agreements and all types of litigation, arbitration and mediation as well as the handling of special claims.
Melanie was born in England and attended legal studies at the University of Hannover and subsequently completed her practical legal training in the region of Hannover and in Brussels. She joined Hannover Re in 2002. She is an attorney at law qualified in Germany and admitted to the German Bar Association and the High Court of Hannover. She gives legal support to the US, UK, Canadian and Australian treaty and facultative departments, as well as the Structured Reinsurance division.
Simon Kilgour is partner at CMS Cameron Mckenna LLP. He acts for domestic and overseas insurers and reinsurers on complex, high value or non-standard coverage disputes or market issues. His work is mainly international and includes advising on wordings, inspections, inwards & outwards coverage disputes and commercial and corporate work relating to the conduct of (re)insurance companies.
Simon is a leading innovator of online contract checking solutions. Simon is ranked as a leading lawyer in Insurance Law by SuperLawyers 2013. He is also ranked in the leading independent legal directories and was named as one of the leading reinsurance lawyers in Europe in an international survey of in-house counsel by Bermuda: Re magazine and recommended as “the top of [his] field” in Intelligent Insurer’s survey of in-house counsel.
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.
Bill Perry was elected as the first Senior Partner of Carter Perry Bailey on the firm’s formation in 2009. He had previously been Senior Partner (and Head of Litigation) of Pickering Kenyon (then the oldest firm of solicitors in England and the only one with a Coat of Arms) before spending 14 years at Charles Russell LLP, the last eight as Head of Litigation and Dispute Resolution. He is past President of Insuralex, CPB’s international network of around 55 specialist firms of (re)insurance lawyers, and the past President of the International Association of Defense Counsel. His reported (re)insurance cases include the crucial AGF/Wasa v Lexington House of Lords decision on ‘back to back’ reinsurance, he has been a ‘Leading Individual’ in (re)insurance for well over a decade, and is known for his niche expertise in fine art claims.
David Abbott is a partner at Clyde & Co LLP and practices across a number of classes of business. He acts for London, international and legacy reinsurance markets and regularly deals with high value prominent and ground breaking issues. He advises on both dispute and non-contentious work. David regularly advises insurers in relation to political risk and trade credit risks and has acted for the London market in a number of recent large losses. He undertakes both coverage work and subrogation actions.
David is co-author of Reinsurance Practice and the Law and Tolleys Insurance Handbook and is English counsel to the Lloyd’s Reinsurance Claims Group. David speaks regularly at conferences on insurance and reinsurance issues and assists market bodies such as the IUA, LMA and CILA.
Richard Cook joined Charles Taylor Insurance Services as Head of Technical Adjusting in July 2013 from Xchanging Claims Services, where he was Head of Reinsurance. He has over 28 years insurance claims experience in the Lloyd’s and London Insurance Company Market; joining Xchanging from a specialist Reinsurance Lloyd’s Managing Agency, where he was the Group Claims Manager. He has served on numerous major London Market claims committees and has appeared as a Fact Witness in coverage litigation before various United States Federal and State Courts. He has acted as an Expert Witness on London Market Claims Practice in the United States Federal Court in New York and in the High Court in London.
This course qualifies for the following CPD programmes: