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Posts Tagged ‘Settlement Perspectives’

Acknowledging Some Kind Mentions from Our Fellow Bloggers

December 27th, 2009 General 4 Comments »

We are pleased and flattered to have recently received some kind mentions from some accomplished bloggers.  The Forum covers some fairly arcane, specialized subjects, and we do not expect to draw as large a following as we might otherwise.  So we are always happy when our efforts are noticed and mentioned by other bloggers, and take this opportunity to say “thanks.”  

First, our friend Chris Sherliker, a U.K. solicitor and blogmaster of the Silverman Sherliker Blog (here),  mentioned us in his excellent Blawgreview #243 submission, entitled “Fighting Back:  A Festive Meditation for Lawyers.”  Drawing inspiration from the likes of Winston Churchill, Chris discussed the importance of lawyers fighting the good fight.  Chris singled out a number of bloggers as fighters, including the Loree Reinsurance and Arbitration Law Forum:  “From the sublime to the subject of re-insurance and a particularly interesting blog by Philip J Loree Jr of Loree & Loree who is fighting back to ensure that the limits of arbitral power are kept within proper bounds. Fight on, brother.”  Thanks, Chris, and keep fighting the good fight on behalf of your clients!

Second, our friend Diane Levin, an accomplished mediator, veteran blogger and social media pro,  mentioned us in one of Mediation Channel’s recent Fallacious Arguments of the Month Posts, entitled “In Pursuit of the Red Herring.”  Diane characterized me as “a fierce defender of rational discourse and a highly insightful ADR blogger.”   Thanks Diane — you are far too kind!  You and your blog lead the fight for rational discourse here in the ADR world.  Fight on, sister! 

Third, our friend Tom Johansmeyer, professional writer and blogmaster of  the Reinsurance Blogger,  recently featured the Forum in his feature, “Four Reinsurance Blogs You Can’t Live Without.”    Tom said “The focus here is definitely on the legal side of the business, which means [the Loree Reinsurance and Arbitration Law Forum is].  .  . packed with important, though somewhat dense, information (at least for a simple marketing guy like me). But, if you’re watching reinsurance litigation and dispute resolution, it’s an absolute must-read.”  Tom, thanks so much for giving us the thumbs up! 

Fourth, as we mentioned in a recent post (here),  our friend John DeGroote, the blogmaster of Settlement Perspectives , sought and published our comments in his excellent article “Insurance Coverage: 4 Rules and 10 Tips for Policyholders.”  John, thanks again for thinking of and mentioning us! 

Finally, Akin Gump Strauss Hauer & Feld’s excellent SCOTUSBlog — one of our favorite legal blogs and a go-to source of information on United States Supreme Court litigation — mentioned us in its December 24, 2009 Thursday Round-up feature written by Rhoades Scholar Adam Chandler:  “Finally, at the Loree Reinsurance and Arbitration Law Forum, Philip J. Loree, Jr. offers a detailed analysis of the oral argument in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., a class action arbitration dispute that was argued on December 9.”   Thanks, Adam!

Some Helpful Rules and Tips for Policyholders and Cedents Courtesy of Settlement Perspectives

December 15th, 2009 Commercial and Industry Arbitration and Mediation Group, Follow-the-Settlements/Follow-the Fortunes, General, Negotiation, Reinsurance Allocation, Reinsurance Claims 1 Comment »

Our friend, colleague and fellow Commercial and Industry Arbitration and Mediation Group member, John DeGroote, has written and published in his Settlement Perspectives blog an excellent article offering some very practical and sound guidance to corporate policyholders who are confronted with litigation that may fall within the scope of their liability insurance, and who desire to increase the odds of securing coverage.   John, who is President, Chief Legal Officer and Secretary of management and technology consulting firm BearingPoint, Inc. (formerly KPMG Consulting), was kind enough to seek our input on the article.  It is entitled Insurance Coverage: 4 Rules and 10 Tips for Policyholders, and features a link to a longer, more detailed article John co-wrote on the same subject for an Association of Corporate Counsel  (“ACC”) publication. 

When I read John’s draft the first thing that struck me was that the rules and tips he offers are, for all intents and purposes, applicable to cedents pursuing reinsurance recoveries.  He stresses, among other things, the importance of honesty, good faith, open communication and not colluding with the claimant in an effort to obtain coverage.  These attributes are ones to which diligent, ceded claims personnel should aspire in their dealings with their company’s reinsurers, because they tend to increase the odds of achieving a successful recovery and avoiding time-consuming and expensive reinsurance disputes (all other things being equal). 

John was also kind enough to quote my comments in his article, which are reproduced below: 

As I discussed these rules with Philip J. Loree Jr. at the Loree Reinsurance and Arbitration Law Forum the other day, I learned that they don’t only apply to policyholders –  apparently insurers must live by these same rules to collect from their reinsurers:

You would be surprised how frequently reinsurers contend that the carrier colluded with the policyholder in direct insurance coverage litigation.  If the reinsurer can establish collusion concerning the fact, amount or allocation of coverage, or if the reinsurer otherwise shows that the carrier acted in bad faith, then the reinsurer will usually be relieved of liability for the claim.  Like policyholders making direct insurance claims, carriers making reinsurance claims need to avoid even the appearance of collusion or bad faith, and following rules analogous to yours helps them do that.

Whether you happen to be a corporate or individual policyholder, or a cedent wishing to increase the odds of successfully collecting from reinsurers, John’s fine article comes highly recommended.   In fact if you are at all interested in settlement and ADR, we highly recommend that you follow Settlement Perspectives.  John writes high-quality, insightful and practical  articles on a variety of pertinent topics.  Who could ask for more?