Ford Marrin has extensive insurance coverage experience. We represent a number of insurance and reinsurance companies, both domestic and foreign, in disputes and litigation with policyholders and other insurance companies. In this regard, the Firm not only represents its clients in litigation, but also provides pre-litigation advice and, where in the client’s interest, negotiates the resolution of coverage disputes before they result in litigation.
The Firm represents both cedents and reinsurers in complex matters, including both litigation and transactional work involving treaties, facultative certificates, retrocessions, commutations and loss portfolio transfers. Our attorneys have litigated many of the leading issues in this evolving area of the law, including issues involving follow the fortunes/settlements provisions and exhaustion/allocation. The Firm has represented a major reinsurer in connection with multiple arbitrations arising out of the 2008 world-wide financial collapse, including disputes centered on the residential mortgage and sub-prime lending crises with risk in the nine-figure range. More recently, the Firm has been involved in litigating matters of first impression relating to loss portfolio transfer agreements, third-party financed settlement agreements, and bad faith/late notice of claims. These cases have been watched closely by the reinsurance industry as they would transform how reinsurance is written.
The matters handled by Ford Marrin commonly involve cutting edge insurance coverage issues, with the amounts at stake in such disputes reaching nine figures. Our experience with insurance coverage includes: