Publications: Providing Technical Expertise in Insurance and Reinsurance Law

Discoverability of Communications with Reinsurers in Bad Faith Cases
Reinsurance & Arbitration Vol. 9, No. 12 at 6 (2017)

Challenges to Policies with Defense Within Limits Provisions
Reinsurance & Arbitration, Vol. 9, No. 12 at 6 (2017)

Enforceability of Consent to Settle Clause in Excess Insurance
Reinsurance & Arbitration, Vol. 9 No. 10 at 6 (2017)

Extreme Fronting Arrangements and Their Impact on Arbitration Rights
Reinsurance & Arbitration Rpt. Vol. 9 No. 8 (2017)

Ex Parte Communications in Arbitrations and Their Consequences
ARIAS-US Quarterly, No. 3 at 10 (2016)

Pre-Hearing Removal of Arbitrators Due to Failure to Meet Contractual Requirements
XXVII Mealey’s Reins. Rpts. No. 6 at 14 (2016)

Does Passing Documents Through Reinsurance Intermediaries Waive Privilege?
Reinsurance & Arbitration, Vol. 8 No. 12 (2016)

Co-Author, What Does an Arbitration Panel Do When a Party Does Not Pay Its Share of Arbitration Costs?
ARIAS-US Quarterly, Vol. 23 No. 1 at 18 (2016)

Pre-Answer Security Litigation in Connecticut
Reinsurance & Arbitration, Vol. 8, No. 10 at 4 (2016)

Privilege, The Common Interest Exception and the Reinsurance Relationship (Revisited)
XXVI Mealey’s Reins. Rpts. No. 10 (2015)

Collecting Old Premium and Loss Balances and the Account Stated Principle
Reinsurance, Vol. 7, No. 12 at 5 (2015)

Arbitration Awards: Bifurcation and Finality
XXV Mealey's Reinsurance Rpts. No. 21 (2015)

Excess of Loss Coverage for Self-Insurers: Is It Insurance or Reinsurance (Revisited)?
Reinsurance, Vol. 7, No. 7 at 5 (2015)

Cut-Throughs, Commutations and Arbitrability
Reinsurance, Vol. 7. No. 8 at 5 (2014)

Loss Notice and Sunset Clauses in Reinsurance Treaties
XXV Mealey's Reins. Rpt. No. 4 at 15 (2014).

Notice to Reinsurers, Right to Associate and Prejudice (Revisited)
XXV Mealey's Reins. Rpt. No.1 at 12 (2014).

Authority of an Arbitration Panel to Issue Sanctions
XXI ARIAS-US Quarterly No. 1 at 4 (2014)

Utmost Good Faith in The Reinsurance Relationship
Reinsurance, Vol. 6 No. 10 at 4 (2014)

Arbitrator Death or Resignation: Replace the Arbitrator or the Whole Panel (Revisited)?
Reinsurance, Vol. 6 No. 8 at 5 (2014)

What Does It Mean to "Exhaust" an Underlying Layer of Insurance (Updated)?
Journal of Insurance Regulation, Vol. 20, No. 3 at 9 (2013)

Bad Faith as a Substitute for Prejudice in Late Notice Disputes
Reinsurance Vol. 6 No. 4 at 4 (2013)

Discovery in Reinsurance Allocation Disputes after USF&G v. American Re
XXIV Mealey's Reins. Rpt. No. 7 (2013)

Posting Collateral Under the Foreign Sovereign Immunities Act:
Arbitration v. Litigation

Reinsurance Vol. 5 No. 10 at 5 (2013)

Evident Partiality of Arbitrators in Law Firms
XXIII Mealey's Reins. Rpt. # 4 (2012)

Grant of Attorneys' Fees by an Arbitration Panel: Is a Demand for Such Fees Necessary?
XIX ARIAS-US Quarterly No. 3 at 23 (2012)

Evident Partiality of Arbitrators: Multiple/Overlapping Appointments
Reinsurance Vol. 5 No 2 at 6 (2012)

What Does It Mean to "Exhaust" an Underlying Layer of Insurance?
XXIII Mealey's Reins. Rpt. No. 3 at 14 (2012)

Should Reinsurance Contracts be Construed Against Reinsurers (Updated)?
Reinsurance Vol. 4 No. 12 at 4 (2012)

How Reinsurance Arbitrations can be Faster, Cheaper and Better (Revisited)
Vol. 18 Journal of Reinsurance No. 2 at 1 (Spring 2011)

Issue for the Courts vs. Issues for the Panel: Supreme Court Clarification?
XVIII ARIAS-US Quarterly No. 1 at 15 (2011)

Limiting Discovery and Testimony in Arbitrations
Reinsurance Vol. 3 No. 10 at 4 (2011)

Co-author, Are Standards Emerging for Allocation to Reinsurers via Follow the Settlements?
Reinsurance Vol. 3 No. 7 at 4 (2010)

Follow the Settlements and Ex Gratia Payments
Reinsurance, Vol. 3 No. 6 at 6 (2010)

Excess of Loss Coverage for Self-Insurers: Is It Insurance or Reinsurance?
Reinsurance, Vol. 3, No. 5 at 4 (2010)

Notice to Reinsurers, Right to Associate and Prejudice
XXI Mealey’s Reins. Rpt. No. 6 at 27 (2010)

Expenses in Addition to Limits and Facultative Certificates
Reinsurance, Vol. 3 at 4 (2010)

Are Formal Hearings Necessary for Interim Issues in Reinsurance Arbitrations?
TIPS Alternative Dispute Resolution Committee Newsletter, Spring 2010 at 5

Panel Appointment of Experts
XX Mealey’s Reins. Rpt. No. 23 at 15 (2010)

Does a Service of Suit Clause in a Reinsurance Contract Bar Removal of a Dispute to Federal Court?
Reinsurance Vol. 2 No. 12 at 5 (2010)

The Perils Of Captive Insurance Companies: Guarantees And Kick-Backs
Reinsurance, Vol. 2 No. 8 at 4 (2010)

Transferring Books of Business – Recent Case Law
XX Mealey’s Reins. Rpt. No. 15 at 17 (2009)

Are “Unreasoned” Arbitration Awards “Irrational”?
XVI ARIAS-US Quarterly No. 4 at 17 (2009)

Manifest Disregard of the Law as a Basis to Vacate Arbitration Awards After Hall Street Associates
Reinsurance Vol. 2 No. 4 at 4 (2009)

Inherent Authority” of Arbitration Panels to Grant Attorney’s Fees and Costs
XVI ARIAS – US Quarterly No. 2 at 9 (2009)

What is a “Claim” for Claims-Made Purposes?
Bloomberg Law Reports Vol. 3 No. 12 (2009)

Clarifying the Insolvency Clause Trade-Off.
XX Mealey’s Reins. Rpt. No. 2 at 23 (2009)

Are Reinsurers Liable for Tort Damages for Breach?
XX Mealey’s Reins. Rpt. Vol. 1 at 20 (2009)

Arbitrator Resignation: Replace the Arbitrator or the Panel?
Reinsurance Vol. 1 No. 11 at 4 (2009)

Confirming Arbitration Awards: To Seal or Not To Seal?
IXX Mealey’s Reins. Rpt. No. 22 at 18 (2009)

Co-Author, Reinsurance Arbirtrations in a Sub-Prime Era
Reinsurance Vol. 1 No. 9 at 12 (2009)

Functus Officio: The Clarification Exception
XIX Mealey’s Reins. Rpt. No. 8 at 22 (2008)

Functus Officio: The Finality Requirement
XIX Mealey’s Reins. Rpt. No. 7 at 25 (2008)

Reinsurance Setoff and Assigned Rights
Reinsurance Vol. 1 No. 5 at 4 (2008)

Late Named Witnesses: What’s A Panel To Do?
XV ARIAS – US Quarterly No. 2 at 28 (2008)

Third Party Beneficiary: Binding Nonsignatories to Arbitration Clauses in Reinsurance Contracts
Reinsurance Vol. 1 No. 1 at 4 (2008)

Fronting and Direct Actions Against Reinsurers: The Final Chapter?
IXX Mealey’s Reins. Rpt. No. 1 at 36 (2008)

Claim Estimation in Liquidations: Integrity – The Final Chapter?
Reinsurance Vol. 1 No. 2 at 4 (2008)

Fiduciary Duty in the Reinsurance Relationship
XVIII Mealey's Reins. Rpt. No. 9 at 19 (2007)

Guaranty Associations and Reinsurance and Assumption Agreements
The Insurance Receiver Vol. 16 No. 2 at 10 (2007)

Agency: Binding Nonsignatories to Arbitration Clauses
XVIII Mealey's Reins. Rpt. No. 5 at 21 (2007)

Follow the Settlements: Bad Claim Handling Exception
XIV ARIAS - US Quarterly No. 3 at 24 (2007)

Equitable Estoppel: Binding Nonsignatories to Arbitration Clauses
XVII Mealey's Reins. Rpt. No. 3 at 17 (2007)

What is a "Paid Loss" for Indemnity Reinsurance Purposes?
XVIII Mealey's Reins. Rpt. No. 2 at 22 (2007)

Arbitration Rulings When No Substantive Law is Designated
XVII Mealey's Reins. Rpt. No. 24 at 20 (2007)

Should Follow the Fortunes / Settlements be Implied into Reinsurance Contracts?
XVII Mealey's Rpt. No. 21 at 27 (2007)

Res Judicata and Collateral Estoppel Effect of Prior Arbitration Orders: What Impact on Subsequent Arbitrations?
XVII Mealey's Reins. Rpt. No. 17 at 17 (2007).

Discovery from Intermediaries: Winning the Peace
XVII Mealey's Reins. Rpt. No. 18 at 19 (2007).

Arbital Immunity at Common Law XIII
ARIAS - US Quarterly No. 3 at 12 (2006).

Setoff in Arbitration When One of the Parties is in Receivership
XVI Mealey's Reins. Rpt. No. 23 at 33 (2006).

Discovery from Intermediaries: Report on Developments in Regulation and Case Law
XVII Mealey's Reins. Rpt. No. 6 at 23 (2006).

Can a Receiver Ignore Priority of Distribution Statutes?
XVII Mealey's Insolv. Rpt. No. 8 at 21 (2005).

Is The Obligation Of Utmost Good Faith Dead In Illinois?
XVI Mealey's Reins. Rpt. No. 3 at 21 (2005)

Co-Author, All-Neutral Arbitration Panels
XV Mealey's Reins. Rpt. No. 24 at 23 (April 28, 2005)

When Does a Reinsurer Have a Cause of Action Against an Insured?
XV Mealey's Reins. Rpt. No. 20 at 25 (February 17, 2005)

Consolidation Of Arbitrations - A New Rule Emerging?
XV Mealey's Reins. Rptr. # 2 at 21 (2004)

How Reinsurance Arbitrations Can Be Faster, Cheaper and Better
XI ARIAS - U.S. Quarterly No. 3 at 33 (2004)

Common Account Reinsurance - Case Law at Last
XV Mealey's Reins. Rpt. No. 6 at 23 (2004)

Co-Author, Procedures for the Resolution of U.S. Insurance and Reinsurance Disputes,
XV Mealey's Reins. Rpt. No. 9 at 20 (2004)

Reinsurance Arbitrations in Receivership: An Arbitrator's Perspective
XIII The Insurance Receiver No. 2 at 14 (2004)

Premium Volume - Misrepresentation or Projection?
XV Mealey's Reins. Rpt. No. 5 at 20 (2004)

Pre-Hearing Removal of Arbitrators
XIV Mealey's Reins. Rpt. No. 21 at 22 (2004)

Manifest Disregard of Law or Facts or Both?
XV Mealey's Reins. Rpt. No. 3 at 23 (2004)

Are Formal Hearings Necessary for Interim Issues in Reinsurance Arbitrations?
XIII Mealey's Reins. Rpt. No. 24 at 22 (2003)

Co-Author, Allocation to Reinsurers and Follow the Settlements
XIII Mealey's Reins. Rpt. No. 19 at 26 (2003)

Intermediaries and Discovery in Reinsurance Arbitrations
XIII Mealey's Reins. Rpt. No. 15 at 27 (2002)

Responsibility of Receivers for the Sins of Prior Management
XIV Mealey's Insolv. Rep. No. 10 at 22 (2002)

Waiver of Arbitration Rights
XII Mealey's Reins. Rpt. No. 5 at 23 (2002)

Direct Actions and Equitas
XII Mealey's Reins. Rpt. No. 23 at 23 (2002)

Pre-Answer Security and Reinsurance Arbitrations
XII Mealey's Reins. Rpt. No. 18 at 20 (2002)

Fronting: Business Considerations, Regulatory Concerns, Legislative Reactions and Related Case Law
XII Mealey's Reins. Rpt. No. 14 at 22 (2001)

Cedents' Claims to Reinsurance Recoverables and Priority of Distribution
XII Mealey's reins. Rpt. No. 13 at 20 (2001)

Discovery by a Reinsurer of Documents from Cedents and Their Insureds
XII Mealey's Reins. Rpt. No. 9 at 24 (2001)

Judicial Issues in Arbitration Panel Selection
XII Mealey's Reins. Rpt. No. 8 at 16 (2001)

Reinsurance And Assumption Agreements: How Does The Novation Take Place?
XI Mealey's Reins. Rpt. No. 24 at 20 (2001)

Reinsurance Coverage of Excess of Policy Limits Claims and Extra Contractual Obligations,
XXI Mealey's Reins. Rept. No. 16 (2000)

Enforcing Net Retention Clauses in Reinsurance Claims,
XI Mealey's Reins. Rep. No. 15 at 21 (2000)

Reinsurer Claims to Subrogation and Salvage Recoveries in a Receivership Context,
XII Mealey's Insolv. Rep. No. 11 at 21 (2000)

Drawing Down Letters of Credit in an Insurer Recievership Context,
XI Mealey's Insolv. Rep. No. 21 at 22 (2000)

Should Reinsurance Contracts Be Construed Against Reinsurers?,
XI Mealey's Reins. Rep. No. 3 at 22 (2000)

Which Reinsurance Disputes are Covered by Arbitration Clauses?,
X Mealey's Rein. Rep. No. 24 at 17 (2000)

Cut-Through and Guarantee Clauses,
X Mealey's Reins. Rep. No. 21 at 18 (2000)

Alternatives to Estimation of Claims and Acceleration of Reinsurance
Receivables: The Uniform Receivership Law,
X Mealey's Insolv. Rep. No. 17 at 16 (1999)

Recent Case Law Developments with Arbitration in Receiverships,
International Journal of Insurance Law, Part 1 at 5 (1998)

Mediation of Reinsurance Disputes,
VIII Mealey's Reins. Rep. No. 10 at 20 (1997)

Direct Actions and Setoff:  the Next Generation,
VIII Mealey's Reins. Rep., No. 7 at 15 (1997)

Co-Author, Partiality Among Arbitration Panelists,
VIII Mealey's Reins. Rep., No. 3 at 18 (1997)

Co-Author, Reinsurers, Receivers and Abstention,
VII Mealey's Reins. Rep., No. 18 at 18 (1997)

Reinsurance Editor, Merritt Insurance Report (1996-97)

Co-Author, Considering the Captive Alternative,
 2 Vantage Point, Issue 1 at 2 (1997)

Co-Author, Casenote: Quackenbush v. Allstate Ins. Co.,
 Int'l J. of Ins. Law, P. 4, 323 (1996)
 
Is Reinsurance the 'Business of Insurance?',
 VII Mealey's Reins. Rep., No. 9 at 18 (1996)

When The Other Side Will Not Arbitrate: Judicial Appointment of Umpires and Arbitrators,
 VI Mealey's Reins. Rep., No. 24 at 15 (1996)

Lloyd's of London: Reconstruction and Renewal, Credit for Reinsurance and Equitas,
 PLI Conference on Lloyd's and the London Insurance Market (1996)

Changes to Lloyd's U.S. Trust Funds: Considerable Improvement Noted,
 Int'l J. of Ins. Law, P. 3, 204 (1996)

Changes in U.S. Credit for Reinsurance Laws,
 Int'l J. of Ins. Law, P. 4, 257 (1995)

Banks Selling Annuities May Cause a Turf Battle,
 Nat'l L. J., May 22, 1995 at 17

Security Devices for Unlicensed Reinsurers,
 16 U. Pa. J. Int. Bus. Law 41 (1995)

Toward a National System for Insurance Company Receiverships and
Collateralizing Reinsurance Recoverables, ABA Institute on Solvency Concerns
with Foreign Insurers and Reinsurers, (1994)

Co-Author, Insurance Company Insolvencies: Order out of Chaos,
12 J. Ins. Reg. 145 (1993)

Co-Author, Report of the Focus Group on Insurer Receiverships
(unpublished 1992)

Unfinished Business: Credit for Reinsurance,
 91 Best's Rev. at 75 (1991)

Fronting: Here we Go Again,
 91 Best's Rev. Prop./Cas. Ed. 8 at 52 (Dec. 1990)

Co-Author, Setoffs, Recoupments and Voidable Preferences in the Insolvency Process,
 ABA Institute on Law and Practice of Insurance Insolvency Revisited (1989)

Offsets in Liquidations: A Matter of Balance,
 86 Best's Digest No. 6 at 56 (1986)

The Reinsurer's Liability in the Event of the Insolvency of a Ceding Insurer,
 21 Tort & Ins. L. J. 407 (1986)

Contractual Liability: Money-Maker or Morass,
 Weekly Und. (Feb. 24, 1979)
 

 

A Background of Excellence for Service in Arbitration and Mediation An Overview of Alternatives to Traditional Litigation Years of Excellent Service as an Insurance and Reinsurance Professional Expert Witness Contributor to the Process of Insurance and Reinsurance Regulation Providing Technical Expertise in Insurance and Reinsurance
Robert M. Hall
150 Russell Ave.
P.O. Box 1110
Rockport, ME 04856

Tel. 207-266-2967
Fax: 239-236-0639




 
 

Attorney, Mediator and Arbitrator for Insurance and Reinsurance Matters