Don’t Cry For Me – Reinsurance Judgment Against Argentina Vacated

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Legacy reinsurance liabilities against certain non-US reinsurers that have gone into insolvency or have been absorbed by non-US governments remain an issue for many US ceding companies. Some US ceding companies have fought long and hard to win arbitrations, enter judgments and then try to enforce those judgments against the non-US reinsurers or their governments. Success in doing this has been up and down. A recent case goes into great detail in addressing one cedent’s journey to enforce judgments against Argentina.

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When Rescission of an Insurance Policy Is Not in the Cards

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Rescission, as we all know, is one of those last-resort legal remedies that is rarely granted. In the insurance world, it is especially difficult for an insurance company to rescind an insurance policy after it is issued to the policyholder.

Where, however, the policyholder misrepresents the risk or itself or some other critical element that goes to the underwriting decision, the remedy of rescission may be available to the insurance company to avoid any obligation to the policyholder. For example, if in the insurance application the policyholder or its agent misrepresents that the insured building has a working fire sprinkler system, the insurance company may have a good case to rescind the policy.

What happens if the insurance company finds out about the misrepresentation, but continues to accept the policyholder’s premium payments? That was one of the issues addressed in a recent New York appellate case.

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