Reinsurance

We are results-orientated, rather than process driven, to assist our clients arrive at an end point sooner.

We are trusted by leading national and international cedants, reinsurance brokers and some of the world’s largest reinsurers to advise on all aspects of the reinsurance arrangement.

This includes advice on establishing reinsurance practices in Australia, complying with prudential, governance, outsourcing, risk management and regulatory compliance requirements, reinsurance policy drafting, reinsurance policy placing, negotiation and establishment of collateral arrangements, and acting in significant commercial arbitrations, mediations and court disputes between cedants and reinsurers, under both treaty and facultative arrangements and in respect of life and non-life books.

Our Australian presence has also seen us involved in reinsurance matters across Southeast Asia and in the UK, Bermuda and European markets. We are experienced in the design, drafting, negotiation and execution of bespoke reinsurance and alternative capital solutions, especially for risks that are difficult to place, including through captives and other special purpose vehicles, and through the issuance of catastrophe bonds and other insurance-linked securities. We also advise on retrospective insurance solutions, such as adverse development covers and loss portfolio transfers.

In addition, we provide specialist reinsurance advice on complex coverage issues (including for COVID-19 and related BI and associated risks), life re/insurance risks, class action risk and aggregation, repricing disputes, interpretation of commercial and reinsurance terms, recapture/termination arrangements, run-off of multi reinsurance arrangements and on the scope of reinsurance paradigms such as ‘follow the fortunes’, application of the hours clause and other similar matters.

We also provide related advice to retrocessionaire markets, both in the UK and Europe. Members of our reinsurance practice act in an executive capacity for several national reinsurance industry groups and have contributed to the standard handbook of reinsurance terms for the Australian reinsurance industry.

We regularly attend and present at international reinsurance conferences. We provide commercial and focused advice on risk and resolution strategy for decision-makers across the reinsurance spectrum. Where disputes persist, we represent our client’s interests in ADR processes including mediation/arbitration, and litigation at both first instance and appellate level.