Notification of Claims.

Issue. Many reinsurance disputes arise over the issue of
non-compliance with provisions of the agreement requiring
notification of claims. Although each case is of course to
be decided on its unique facts and governing language,
there are a series of considerations that come to bear on
these cases including the type of claims notification clause
(i.e., (1) a condition precedent provision to (a) payment
(b) attachment of liability or (2) an innominate term).
The follow on issues include available remedies such as the
degree to which late notice can be asserted as a defense and
the result of the condition subsequently being complied with
as to the duty to pay.

Overall. Mr. Hager has substantive experience as to notice
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 notice in connection with both
primary insurance and other non-insurance transactions on
a regular basis and is highly familiar with the applicable
criteria that come to bear as to this issue.


Copyright (c) 2009 - 2010 Insurance Metrics Corp. All rights reserved.

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.