Reinsurance

Definition and stakes

the Allied Powers and Japan,  Treaty of San Francisco

“ Where an insurance has been transferred during the war from the original to another Insurer, or has been wholly reinsured, the transfer or reinsurance shall, whether effected voluntarily or by administrative or legislative action, be recognized and the liability of the original Insurer shall be deemed to have ceased as from the date of the transfer or reinsurance. ”
Source: Wikisource

Portrait of Anthony Kennedy Anthony Kennedy,  Colonial American Life Insurance Company v…

“ Although indemnity reinsurance is different from assumption reinsurance in some important ways, none of them go to the function and purpose of the ceding commissions. Whether the reinsurer assumes direct liability to the policyholder in no way alters the economic role that the ceding commissions play in both kinds of transactions. The only rational business explanation for the more than $1,500,000 that petitioner paid in ceding commissions to Transport is that petitioner was investing in the future earnings on the reinsured policies. ”
Source: Wikisource

Allemannia Fire Insurance Company of Pittsburg…

“ No. 10,364, a clause in the reinsurance policy stated that 'loss, if any, payable at the same time and pro rata with the insured;' and it was held that such language simply gives to the company the benefit of any defense, deduction, or equity which the first insurer may have, making the liability of the reinsurer the same as the original insurer. It does not limit such liability to what the original insurer may have paid or be able to pay. ”
Source: Wikisource

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