Reinsurance Setoff and Assigned Rights

[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 2008 by the author. Questions or comments may be addressed to the author at [email protected].]

I. Introduction

There is a rich history of case law concerning the application of setoff rights by reinsurers in the receivership proceedings of their cedents. In essence, this case …