Excess / Reinsurance

Given our broad experience representing insurers and in defense matters, their policy holders, it is only natural that Cochran Davis is retained to monitor and, where necessary, advance or protect the interests of excess insurers, often in higher layers – where direct access to information and litigation strategies is both crucial and difficult to obtain, as well as in ensuring that the primary and underlying excess layers do not unnecessarily expose our clients – and in this often collaborative and sometimes fractious and adversarial field the skills honed and experience gained in litigation and settlement of hundreds of lawsuits by and on behalf of primary insurers, many of whom also write excess layers, are invaluable.

Growing from our long representation of insurers in their complex relations with policy holders, Cochran Davis both represents and advises property and casualty reinsurers in matters arising under excess, aggregate excess, quota share, excess of loss, and ECO covers, as well as captive and fronting arrangements, in areas as diverse as disputes arising under claims cooperation and follow-the-fortunes clauses, the doctrine of uberrimae fidei, cut throughs, and commutations. Though we have represented cedents and intermediaries, our focus is on the rights and obligations of reinsurers.