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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.
Case Study
Mintz successfully represented a leading insurance company and affiliates in litigation and arbitration proceedings valued at over $30 million. The matters settled on extremely favorable terms for the clients.
Case Study
Mintz litigators Marc Abrams and Nicholas Cramb have represented leading companies in confidential reinsurance arbitration proceedings resulting in recoveries in excess of $100M, “no-pay” rulings for reinsurers, awards of interest, and attorney’s fees.