Due Diligence

Issue. When a reinsurance transaction goes bad and finger pointing begins, one issue that often arises is the responsibility of the reinsurer (and the insurer in certain cases) to conduct due diligence of the transaction at the outset. The issue can impact liability allocation between brokers, insurers and reinsurers.

Overall. Mr. Hager has substantive experience as to due diligence issues. He has testified as an expert witness as to this issue. In addition, as a regulator whose duties included unwinding insolvent insurers, he litigated this issue on a regular basis (in the form of a reinsurer’s defense). In addition, as a lawyer and financial regulator, Mr. Hager confronted the issue of due diligence in connection with major financial transactions on a regular basis and is familiar with the applicable criteria that comes to bear as to this issue.