Accordingly, Part I of this article provides a review of the role intermediaries have played in the recent spate of insurance company insolvencies and an overview of intermediary rights and duties. Part II then progresses to a discussion of English intermediary law, analyzing how the general English rules apply to intermediaries when a cedent or reinsurer becomes insolvent. Part III addresses the same issues under U.S. law, tracing the most recent statutory developments from their cause and considering their effect on reinsurance transactions. This article concludes with a discussion of how English and U.S. law interact in reinsurance transactions, pointing out how recent developments in each jurisdiction necessarily affect the other.
Stephen W. Schwab, Peter G. Gallanis, David E. Mendelsohn & Bradley V. Ritter,
Caught Between Rocks and Hard Places: The Plight of Reinsurance Intermediaries Under U.S. and English Law,
Mich. J. Int'l L.
Available at: https://repository.law.umich.edu/mjil/vol16/iss2/6