Reinsuring Clauses

Reinsuring Clauses provides a comparative English/US law study of the full reinsurance clause (as original and follow the settlements/follow the fortunes) and the related matters.

The reinsured’s burden of proof of loss in its claim against the reinsurers is often contentious, and there are regular arbitrations and judicial proceedings in the leading common law jurisdictions to which this book will be relevant. The book concerns the legal nature of reinsurance agreements, the means by which terms of reinsurance policies can be derived or incorporated from underlying insurances, the effect on judgments, arbitration awards, and settlements on reinsured’s claims against reinsurers, variations of the follow the settlements clauses, reinsured’s post-settlement allocation of loss in a claim against reinsurers, and the operation of claims provisions. This second edition updates and expands on the content, including a chapter on different types of reinsurance, formation of reinsurance contracts, cut-through clauses, and aggregation clauses. Developments integrated include the presumption of back-to-back cover applied to non-proportionate reinsurance, the meaning of first loss reinsurance explained by the courts, and Section 13A being added to the Insurance Act 2015.

The readership for this book will include insurance and reinsurance practitioners, brokers, students studying insurance and reinsurance law, and academics in this field.

Özlem Gürses is a professor of law at King's College London. She specialises in insurance and reinsurance law. She is the author of numerous articles and books written in these areas. Her publications include Marine Insurance Law, (Routledge, 3rd ed, 2023), The Law of Compulsory Motor Vehicle Insurance (Informa, 2019) and Reinsuring Clauses, (Informa 2010).

Özlem sits in the Presidential Council of International Insurance Law Association/Association Internationale de Droit des Assurances (AIDA), and she chairs the Reinsurance Working Party of AIDA. She is also Vice-Chair of the British Insurance Law Association.