Are Reinsurers Liable for Tort Damages for Breach?

[Mr. Hall is a former law firm partner, a former insurance and reinsurance executive and acts as an expert witness and insurance consultant as well as an arbitrator and mediator of insurance and reinsurance disputes. The views expressed in this article are those of the author and do not reflect the views of his clients. Copyright 2009 by the author. Questions or comments may be addressed to the author at [email protected].]

Introduction

Arbitration panels can and do grant tort damages (i.e., costs, attorneys' fees and punitives) against cedents or reinsurers based on egregious behavior even when the central issue is …