Hall Arbitrations

Debra Hall's insurance and reinsurance publications include articles on insurance regulation, reinsurance regulation, set-offs (offsets), former Section 304 of the US Bankruptcy Code, arbitration, Solvency II, credit for reinsurance, and receiverships. It also includes a list of amici briefs she has filed on behalf of the Reinsurance Association of America on issues including follow the fortunes, follow the settlements, direct actions, cut-throughs, fronting, setoffs (offsets), the McCarran Ferguson Act, single versus multiple occurrences, arbitration rights in receivership, fraud in the inducement, and rescission. She practices as a reinsurance and insurance arbitrator, mediator and expert witness as well as a consultant to the insurance and reinsurance industry.

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

Wall Street Reform and Consumer Protection Act
Journal of Reinsurance, Vo. 17, No. 4 (Fall 2010)

Arbitration: New Developments To Bring More Confidence To An Often Maligned System
Reinsurance Vol. 1 No. 11 at 4; XX Mealey's Reins. Rpt. No. 16 at 17 (2009); Journal of Reinsurance, Vol 17, No. 2 (Spring 2010)

An Overview of the 2009 Update of The Procedures For The Resolution of U.S. Insurance and Reinsurance Disputes, www.ArbitrationTaskForce.org

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

Co-Author without attribution, Europe Leads the Way on Insurance Regulation
The Financial Regulator, Vol 12, No. 2 (September 2007)

Co-Author without attribution, US Reinsurance Regulation Reform: The Future is Now
Asia Insurance Review (January 2007)

US Reinsurance Regulatory Framework Revisited
AIRROC Matters, Vol. 2, No. 2, Fall (2006)

Co-Author, Comments on the Draft IAIS Guidance Paper on Risk Transfer, Disclosure and Analysis of Finite Reinsurance
Submission to the IAIS on behalf of Swiss Re (October 2006)

Co-Author, Interim Report of the Interested Persons for the NAIC Reinsurance Task Force
Submission to the NAIC Reinsurance Task Force on behalf of Interested Parties (June 2006)

The Status of the Enforceability of U.S. Judgments in the Context of the Hague Convention
Submission to NAIC (June 2004)

In the Matter of the Liquidation of Integrity Insurance Company
Post-trial Memorandum of the Reinsurance Association of American (February 2004)

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

US Reinsurance Regulation: How it Developed and Why it Works
Submitted to NAIC (May 2002)

Reinsurance Regulation in a Global Marketplace: A View from the United States
Journal of Reinsurance, Vol. 8, No. 1 (Winter 2001)

Co-author, U.S. Alternative Risk Management Products: A Reinsurance Perspective
25 The Geneva Papers on Risk and Insurance Issues and Practice, 439 (2000)

Rights and Responsibilities of Reinsurers in Receiverships
The International Journal of Insurance Law (1996)

Reinsurance and the Regulator: The Interaction of State Collateralization Laws, The McCarran-Ferguson Act, and Section 304 of the U.S. Bankruptcy Code
Mealey’s Reinsurance In the Real World (1996)

The Proof is in the Pudding: Acceleration of Reinsurance Recoveries
8 Mealey’s Litigation Reports, Insurance Insolvency, 15 (1996)

Changes in the U.S. Credit for Reinsurance Law
International Journal of Insurance Law

Claim Acceleration - Its Biases and Unintended Consequences

Estimation/Acceleration: No Retreat – No Surrender

Claim Estimation – So What’s the Big Deal?

Credit for Reinsurance: An Ongoing Regulatory Debate
Reinsurance: Fundamentals and New Challenges, Insurance Information Institute (1995)

Co-author, A Level Playing Field
Best’s Review, Vol. 93 (1993)

The Emerging Regulation of Reinsurance Intermediaries
42 Drake L. Review 859 (1993), reprinted in 7 Nat’l. Ins. L. Rev. 449 (1995)

Insurance Insolvency Task Force Preliminary Report
ABA National Institute on Solvency Concerns with Foreign Insurers and Reinsurers/Recent Developments/U.S. Reform Efforts (1994)

Co-author, Insurance Company Insolvencies: Order Out of Chaos
12 J. Ins. Reg. 145 (1993), reprinted ABA TIPS Presentation on Liquidation—With All Deliberate Speed? (1994)

Receiver’s Handbook for Insurance Company Insolvencies
National Association of Insurance Commissioners, Managing Co-Editor and Contributing Author of major handbook used by receivers for administering receivership estates (1992)

Co-author, Onset of an Offset Revolution: The Application of Set-offs in Insurance Insolvencies
95 Dick. L. Rev. 448 (1991), 8 J. Ins. Reg. 446 (1990), reprinted in 5 Nat’l Ins. L. Rev. 813 (1992) and VI Insurance Law Anthology 107 (1992)

Co-author, Valuation of Contingent Claims and the Application of Set-Offs in Reinsurance Insolvencies (5 part article), Ins. Law & Practice (Parts I-III) (1991)(Parts IV, V) (1992)
Valuation of Contingent Claims and Policies in the UK
English Law of Set-Off
Valuation of Contingent Claims and Policies in the US
US Law of Set-Off
Recent Set-Off Developments in the US

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

Insolvencies and Guaranty Funds
ABA National Institute on Coverage Disputes in Catastrophic Events (1991)

Co-author, Amreco: A Step Towards International Rehabilitations
7 J. Ins. Reg. 388 (1989)

Curbing the Abuses of Inmate Litigation
American Correctional Association, monograph, (1986)

Amicus Curiae Briefs:

The list of amicus briefs (not exhaustive) were written and files by the Reinsurance Association of America legal staff (except in special circumstances) under the direction of Debra Hall, as RAA General Counsel. The positions reflected in these briefs do not necessarily reflect the personal views of Ms. Hall, but rather the views of the majority of the member companies of RAA at the relevant time.

Books:

Compendium of Reinsurance Laws and Regulations – Tabbed, indexed binder contained 18 charts summarizing and analyzing the laws and regulations of 51 U.S. jurisdictions for key reinsurance topics, including: credit for reinsurance, setoff, insolvency clauses, fronting, bulk reinsurance, cut-through's and arbitration.

Digest of Reinsurance Case Law – Comprehensive collection of U.S. reinsurance case law indexed, cross-referenced and summarized. This three volume set contained more than 1,100 cases from every state and federal jurisdiction keyed to more than 150-targeted issues.

Manual for the Resolution of Reinsurance Disputes – A comprehensive guide to U.S. reinsurance mediation and arbitration, including procedures, sample 2 Books produced and annually updated by the RAA Law Department under the supervision of Debra J. Hall. 5 forms, case law, directory of services and recommendations for improving the arbitration process.

Reinsurance Contract Clauses – Case Law Annotations – A compilation of reinsurance contract clauses as interpreted by U.S. courts.