Reinsurance Contracts: Recent Case Law & Key Issues

Introduction

The meaning and operation of reinsurance contracts has come under increased scrutiny recently with the pandemic, increasing natural catastrophes, war (including asymmetric conflicts), widespread political instability and the rapid growth of cyber-attacks.

This webinar will consider the most recent cases of interest to those involved in reinsurance including the latest High Court decisions on claims control clauses, follow the settlement clauses and aggregation.

The webinar will also review the different reinsurance structures and consider some of the areas of potential dispute.

What You Will Learn

This webinar will cover the following:

• When losses occur for reinsurance purposes and the implications for limitation; and claims notification
• Claims control and claims cooperation clauses; including the High Court's decisions in RSA v. Equitas
• Follow the settlements clauses
• Late payment of claims and liability for damages
• Different bases of aggregation including event or occurrence; event, originating cause including recent judicial comment on the meaning of 'event'
• The Court of Appeal’s decision in Unipol v. Covea on the meaning of catastrophe and the operation of the hours clause
• Proof of loss
• Triggers of cover and Original Loss Warranty/ILW contracts
• Potential difficulties with governing law and dispute resolution clauses; including the High Court decision in Tyson v. GIC