A Brief Review of Reinsurance Trends in 2014

    View Authors April 2015

    The general trend of US court decisions in reinsurance cases during 2014 was to reinforce principles and precedents familiar from recent years. On the threshold subject of the agreement to arbitrate and arbitrability, courts affirmed and elaborated on the general rule that courts should not hear claims from a party to an arbitration agreement unless the question is a “gateway” issue or the arbitral panel has issued a final word. With the notable exception of one case, courts consistently applied the “Bellefonte principle” to protect reinsurers from liability for defense costs beyond the specified facultative certificate limits, and continued to reject the common-interest doctrine as a basis to resist discovery of reinsurance information.

    Squire Patton Boggs lawyers co-authored an article for Reuters Westlaw Journal Insurance Coverage examining five notable 2014 cases, which addressed issues of arbitration or arbitrability.