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Periodically, claimants seek to charge reinsurers with tort liability, but it is very difficult to sustain a claim in tort in a reinsurance contract dispute. Under California law, this decision makes it clear that there is no tort liability in a reinsurance contract dispute under these facts.

In this podcast, I discuss one of the earlier COVID-19 cases that dismisses a policyholder's case because of a lack of direct physical loss of or damage to property.

Claims-made and occurrence policies are quite different. When they combine to insure one policyholder as primary and excess policies, determining if the excess policy is triggered is tricky.

This podcast discusses the back-to-back presumption often assumed in reinsurance contract.

In this podcast, I discuss a Second Circuit case that discusses ambiguity in insurance contracts.

Having been a volunteer mediator for the federal court in New York City for over 28 years and having handled several mediations as a lawyer and mediator outside the court program, I thought I would express some ideas about why mediation can help resolve insurance and reinsurance disputes. I am now a member of the hearing officer/neutral panel for so please ask for me if you have a NAM proceeding. If you need a mediator or arbitrator,

This podcast is about a reinsurance case that addresses the follow-the-settlements doctrine in the context of a court's interpreting whether the underlying policies have been exhausted.

When the same arbitrators appear over and over in reinsurance arbitrations, a question arises about whether the process is fair and whether the repeat arbitrators are biased. While this is not the case with most arbitrators, repeat players do raise eyebrows.

This podcast covers my thoughts on the COVID-19 insurance coverage disputes and the attempts by some to create coverage out of nothing. Reading the policy is the key and the first step to understanding coverage. If a policy only covers direct physical loss of or damage to property it means physical damage.