Marc L. Abrams

Representative Reinsurance Matters

• Represented a regional life insurer in a reinsurance arbitration against an international reinsurer involving reporting procedures for the cession of premium and presentation of claims.
• Represented a US based liability insurer in several complex reinsurance disputes in New York state and federal courts involving recoveries in excess of $50 million and defenses of allocation and notice.
• Represented US and UK based ceding companies and reinsurers in dozens of reinsurance arbitrations involving issues of notice, allocation, accumulation of loss, defense expenses, declaratory judgment fees and other coverage defenses and claims.
• Represented a UK based reinsurer in a $30 million reinsurance arbitration dispute involving rescission of a workers’ compensation program.
• Represented a US based captive insurer in a reinsurance arbitration against a market of European insurers and ultimately confirmed a $220 million recovery arising out of Mississippi flood losses.
• Represented a UK based insurer in a reinsurance arbitration enforcing our client’s “cut through” rights under a fronting arrangement.
• Represented a Latin American reinsurer in a dispute with a US Insurer arising out of a managing agency agreement
• Represented a US insurer in a reinsurance arbitration involving a non-performing self-insured retention
• Represented a US insurer in a reinsurance arbitration involving the “forced” commutation of a workers’ compensation program.
• Represented a US reinsurer in federal district court and appeals court involving challenges to its claims handling practices.
• Represented cedents and reinsurers in a series of reinsurance arbitrations involving long term care and healthcare reinsurance products.

Representative Insurance Matters

• Represented a US based insurer is a series of environmental coverage disputes against a “Fortune 500” company arising out of the contamination of the Kalamazoo River and various other sites. The disputes involved in excess of $50 million in umbrella coverage.
• Represented a major insurer in a series of “Bermuda Form” arbitrations arising out of the insured’s settlement of a dispute commenced by a former high level executive.
• Represented a South Carolina-based insurer in a series of disputes with another insurer arising out of an E&O Policy.
• Represented a US broker in Delaware litigation arising out of the placement of a complex D&O program.
• Represented a US broker in litigation based in New York court arising out of the placement of liability insurance program for a large real estate developer.
• Represented a major life insurance company in class action disputes concerning marketing practices for its variable annuity products.
• Advised a state department of insurance in connection with potential litigation between it and a regulated healthcare insurer.
• Represented the Lloyd's market in major subrogation litigation proceedings in various US jurisdictions. These matters include routine recoveries arising from contractual provisions as well as more complex matters including a recovery arising out of the largest fire in New Orleans history prior to Katrina as well as a recovery arising out of the theft of tens of millions of dollars of bank assets in a Latin American country.

Representative Commercial Dispute Matters

• Represented a biotech company in New York litigation proceedings stemming from a disputed loan transaction in excess of $80 million
• Represented a healthcare company in a dispute arising out of a self-funded medical coverage program.
• Represented a consulting company in New York litigation proceedings involving the restructuring of a mono-line financial guarantor.