Tokio Marine & Nichido Fire Insurance Co. has arranged reinsurance cover for approximately $200 million of typhoon risks by means of a securitization. Swiss Re accepted reinsurance of the risks and transferred the risks to a special purpose Cayman Islands company which issued the securities. The five year, BB+ rated securities transaction was designed and sold with the assistance of SwissRe Capital Markets Corporation.
UK – Reinsurance broker not entitled to double brokerage
The UK Court of Appeal has held that a reinsurance broker was not entitled to receive brokerage on both a deposit premium and on the total adjusted premium (without deduction of the deposit premium). This was a question of the interpretation of four excess of loss reinsurance contracts and seven burning cost contracts. Absalom v. TCRU Ltd., [2005] EWCA Civ 1586 (December 19, 2005).
Arbitration award confirmed over objection of regulator
In Koken v. Cologne Reinsurance (Barbados) Ltd., Case No. 98-0678 (USDC M.D. Pa. Aug. 23, 2006), a District Court reaffirmed its earlier decision that an arbitration provision was binding upon the Insurance Commissioner of Pennsylvania, acting as the liquidator of American Integrity Insurance Company, rejecting an argument based upon the McCarran-Ferguson Act. The Court declined to vacate the majority of the award under the manifest disregard of law standard, holding that “an erroneous interpretation by the arbitration panel does not warrant a finding of manifest disregard,” but vacated one paragraph of the award as being in manifest disregard of law, becuase it continued an insurance coverage past the time provided for by an unambiguous Pennsylvania statute.
District Court refuses to vacate arbitration award
In Hilb Rogal & Hobbs Co. v. Golub, Case No. 05-574 (USDC E.D. Va. Aug. 18, 2006), a non-insurance case, a District Court refused to vacate an arbitration award under the manifest disregard of law standard, holding that “[t]he mere fact that an arbitration panel reached a legal conclusion in error is not sufficient for vacatur.”
Law journal article addresses hurricane loss reinsurance issues
Vincent Vitkowsky, Reinsurance Issues Arising From the 2005 Hurricane Season, 41 Tort Trial & Ins. Prac. L. J. 999 (Spring 2006) – the author addresses issues likely to arise under reinsurance of hurricane losses, including coverage and claim adjustment issues, the follow-the-fortunes doctrine, “occurrence” definitions and aggregation of losses.