Marc L. Abrams

Representative Reinsurance Matters

• Represented a US-based insurer in a high-dollar reinsurance arbitration arising out of a complex auto and liability program issued to one of the world’s largest food producers.
• Represented a US-based insurer in a complex treaty reinsurance dispute arising out of a series of storm losses in Mississippi.
• Represented a diverse range of US reinsurers in various disputes with captives or risk retention groups arising out of large public entity liability settlements.
• Represented US- and European-based reinsurers in federal court obtaining dismissals when their administrators and corporate affiliates were sued based on allegations of unfair claims practices.
• Represented a range of US treaty insurers in arbitrations relating to premium and risk transfer.
• Represented a range of US and international insurers and reinsurers on claims or defenses relating to contractual rescission.
• Represented certain London Market Company Reinsurers in a lengthy litigation proceeding in federal court arising out of a cedent’s $120 million settlement with its insured resolving environmental contamination exposure. The matter involved complex issues of allocation, enforcement of coverage periods, and application of choice of law.
• 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 health care 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 health care 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 Hurricane 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 health care 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.