Antitrust Exposure For Insurers And Reinsurers

Law360, New York (February 14, 2011, 2:39 PM EST) -- A recent decision in Global Reinsurance Corp. v. Equitas Ltd. (N.Y. App. Div. Jan. 18, 2011) highlights the potential antitrust exposure faced by insurers and reinsurers amid the broader context of private antitrust lawsuits by policyholders, state attorney general enforcement actions, and efforts to repeal the McCarran-Ferguson Act’s exemption of the insurance and reinsurance industries from federal antitrust regulation.

In Global Re, the New York Appellate Division ruled that a retrocedent, Global Re, may assert that the centralization of claims-handling obligations by its retrocessionaire, Lloyd’s of...
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