The Unresolved Conflict Between Traditional Principles of Reinsurance and Enforcement of the Terms of the Contractual Undertaking
September 06, 2002
Clausen Miller Partners Ed Ozog and Kim Kearney contributed to this paper which was published in the TIPS Journal in the Fall of 2000. This paper will explore the potential impact of the “follow the fortunes” and uberrima fides doctrines on a reinsurer’s ability to control its losses and provide recommendations which may help to ensure that the reinsurer can enforce its bargain to indemnify the cedant only for losses insured against.
