Inception Date/ Other Dates

Issue. As reinsurance transactions continue to move from being governed by custom and practice to being governed (in some cases) by more legalistic rules, the date the agreement incepts (and for that matter, other critical dates in the agreement) often becomes an issue in transactions. The issue, among other considerations, involves the intent of the parties and whether (1) custom and practice will govern or (2) the usual legal rules of contract formation will govern.

Overall. As a regulator, Mr. Hager confronted this issue on a regular basis, particularly as to year-end reinsurance transactions where the final agreement could be signed months after the recorded year-end reinsurance transaction. In addition, Mr. Hager has testified as an expert in cases where the inception date was critical to liability and case resolution.

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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.