Does a missing reinsurance agreement preclude a counterclaim for breach of that missing reinsurance contract? Not at the pleadings stage according to a Hawaii federal court.
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Tortious Interference Case Against Reinsurers Survives Motion to Dismiss
Policyholders typically cannot sue reinsurers directly because of a lack of contractual privity. While there are exceptions in the law, those exceptions are few. But sometimes a reinsurance deal gets structured in such a way that the policyholder may be able to bring a direct action. In a recent case in Florida that is exactly what happened; at least at the motion to dismiss phase of the case.
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