Marc L. Abrams

Representative Reinsurance Matters

• Represented a US based 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 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 life reinsurer in a reinsurance dispute involving the calculation of premium under yearly renewable term (YRT) life reinsurance contracts.

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 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.