Regulatory: Delay in Declaring the Primary Insurer Insolvent

Issue. Occasionally, reinsurers assert as a defense, regulatory delay in declaring the primary insurer insolvent. That is to say, the reinsurers defense alleges that but for the regulatory delay, the primary insurer would have long since been declared insolvent, thereby pre-empting most (if not all) of the reinsurers liability to the direct insurer.

Overall. Mr. Hager has significant and substantive experience as to solvency issues. As a regulator, he made daily decisions about whether to proceed against insurers in connection with solvency issues. Those decisions related to both domestic and foreign insurers. With eight years of regulatory experience including significant leadership positions at the NAIC, he is in a position to evaluate the regulatory response to insurers facing questions of solvency. In addition, Mr. Hager has testified as an expert witness in this matter.


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Insurance Metrics Corporation, founded by William D. Hager, concentrates in insurance arbitration, reinsurance arbitration and expert witness services for insurance litigation. Mr. Hager is an ARIAS U.S. certified Reinsurance and Insurance Arbitrator. Clients include include law firms representing plaintiffs, defendants, insurers, reinsurers and liquidators. We can address disputes including bad faith, claims, damages, property, casualty, life, commercial, homeowner, underwriting and more. Services in Florida, New York, Texas, California and nationwide.