Introducing

www.reinsurancelaw.org

Reinsurance Case Law

and Contract Clause

Database

An online resource for reinsurance law

from

Reinsurance Association of America

Welcome to the new RAA Reinsurance

Case Law and Contract Clause DatabaseThe RAA Reinsurance Case Law and Contract Clause Database combines the Digest of Reinsurance Caselaw

and Reinsurance Contract Clauses – Case Law Annotations into a single powerful online reference tool withflexible and user-friendly searches. Now you can research and compile reinsurance case law and contract clauseinformation quickly and easily from a comprehensive, indexed database of reinsurance law.

The Database includes:

• Case summaries of over 1,350 court decisions in over 70 jurisdictions, searchable by case name,jurisdiction, category and key word;

• Court consideration and/or decisions about specific contract wording, including clause text and the court’sdiscussion of the text.

Search Case Summaries by typing in common reinsurance terms in the “custom keywords” box, or clicking on the“preset keywords” to quickly find summaries of cases that deal with your issues.

Search Contract Clauses to determine whether a court has ever considered specific contract wording by insertinga few key words from the clause as search terms. All cases with this wording will appear in the search results,including excerpts of both the clause text and the court’s discussion of that text. Alternatively, to compare how thecourts have treated different forms of a specific type of contract clause, such as “arbitration” or “follow the fortunes”clauses, you can retrieve all the cases in the database discussing that type of clause.

To learn how easy the Database is to use, read the quick start guide in this brochure or go online atwww.reinsurancelaw.org for detailed user information in the “How to Use” tab.

Benefits:

Reinsurance attorneys and executives can search the Database by using reinsurance terms or “keywords” tofind summaries of cases that deal with the issues they are researching. This saves considerable time, providing anexcellent starting point for targeted research by allowing the user to quickly identify rulings from a jurisdiction(s) ofinterest that may have relevant fact patterns. The Database is updated regularly, allowing the user to stay up-to-date about rulings in a given subject area.

The database is also particularly useful for brokers. To learn if a court has ever considered specific contractwording, use a few key words from the contract as search terms. All cases with similar wording will be included inthe search results. Brokers can then see excerpts of both the clause text and the court’s discussion of that text, aswell as a short summary of the ruling to put it in context.

To compare how the courts have treated different versions of a specific type of contract clause, such as “arbitration”or “follow the fortunes” clauses, all the cases in the Database discussing that type of clause can be easily retrievedin a single search, again with excerpts of the clause text, the court’s discussion of that text, and case summaries.

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To log in, you will need a user name and password – enterthem online and get started!

To obtain login/password information, click on“Subscribe” in the top menu, and enter your information.Your login code will be sent to you via e-mail, or contact PatCheetham at the RAA (cheetham@reinsurance.org or 202-783-8382).

This is provided as a member benefit for all RAA mem-

ber companies. Non-members may subscribe for just $695

(subscription includes up to 20 users from that company).

Login / Subscribe

Case Law

TYPES OF SEARCHES

• “Search for all selected keywords” will provide results

that include only those cases containing all the

keywords the user enters. Choosing “Search for all

selected keywords” will reduce the number of cases

retrieved, because no case will be included in the resultsunless it contains all the selected keywords.

• “Search for at least one selected keyword” will provideresults that include all cases containing one or more of

the keywords the user enters. Choosing “Search for at

least one selected keyword” will increase the number

of cases retrieved, because any case that contains any

one of the selected keywords will be included in the results.

SELECT PRESET KEYWORDS

Click on this button for a pop-up

menu with a list of common

reinsurance terms

CUSTOM KEYWORDS

Supplement the preset terms

or choose your own words to

search with custom keywords.

Type in as many words as you

want, separated by spaces.

The order of the words does

not matter. Search for phrases

by enclosing the phrase in

quotation marks.

JURISDICTIONS

Click on this button for a list of

US jurisdictions. Checking a

certain jurisdiction(s) limits your

search to cases from that

jurisdiction(s). If no jurisdictions

are selected, the search will be

performed in all jurisdictions.

SORT

Click a column heading:

Case Name, Citation,

Jurisdiction or Case Year –

to sort search results.

DISPLAY OR PRINT

Check the boxes to choose

the cases that you wish to

read, and then click ‘Display

Checked’ or ‘Print Checked’

to see results.

SEARCH WITHIN

After you execute a broadersearch, review the resultsand narrow your searchwithin those results with‘Search Within’.

Choose either new PresetKeyword(s) or type in newCustom Keyword(s) orPhrases and then click here.

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Case Law Search

Case Law

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Case Summary

What type of information is included in the database?

When a U.S. case is reported, the RAA identifies the primary issues and addresses those issues in a summary of theruling. “Preset keywords” or common reinsurance terms that would be most widely recognized as relating to theissues are then assigned to make searching intuitive. The RAA legal staff also determines whether a contract clause

is at issue in the case. If so, an excerpt of the clause is provided, as well as the court’s discussion of the clause.

CASE SUMMARY

Factual summary allows the

user to quickly determine if the

case is relevant to their issue.

CLAUSES

Clauses are displayed with

clause title, clause language

and court discussion of each.

SEARCH TERMS

HIGHLIGHTED

User search terms are high-

lighted. Other preset terms for

the case are listed.

SAME CLAUSE TITLE

A list of cases with similar

clauses.

CASE SUMMARY

Assess the fact pattern

and holding of the case.

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To find out a court has ever considered specific contract wording, type a few key words from the clause in which youare interested into the “Custom Keywords” box or choose from the “Preset Keyword” list. All cases with clauses

which have these words will be included in the search results. (Seedetailed Case Law Search on page 2)

Excerpts of both the clause text and the court’s discussion of that

text are provided.

CLAUSE LANGUAGE

For each “Clause Title,”you will see an example

of the clause wording,excerpted from the case.

CLAUSE TITLE

Each distinct wordinghas been assigned a

“Clause Title,” forexample “Arbitration 01,”

“Arbitration 02,” etc.

SAME CLAUSE TITLE

A list of cases thatcontain wording

substantially similar tothe example wording.

Click the case(s) forwhich you wish to see

the case summary andthe contract clause

excerpts.

COURT DISCUSSION

Excerpted directly fromthe case.

Search by Custom Keyword

Contract Clauses

Search by Clause Type

Contract Clauses

SELECT CASES

Check the box beside the

clauses of interest to see the

case summary and the court

discussion of that or similar

clause language.

‘Display Checked’ or ‘Print

Checked’ to see all cases

selected.

SELECT CLAUSE TYPE

1. Choose “Contract Clauses” from the menu at the top of the

screen.

2. Click on “Select Clause Type” to bring up preset list.

3. Choose one or more clauses and click “Select.”

4. Click “Perform Search.”

5. Read and compare clauses,use the check boxes todisplay or print cases withthose clauses.

The results on the screen willbe examples of differentwordings of the type ofclause(s) you chose. Forexample, if you chose theclause type “Notice” you willsee examples of differently-worded notice clauses.

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Access to recordsAccord and satisfactionAgencyAgent authorityAllocationAlter egoAmbiguityArbitration: collateral estoppelArbitration: arbitrator biasArbitration: arbitrator dutyArbitration: arbitrator resignation or

incapacitationArbitration: clarification of awardArbitration: clauseArbitration: clause, conflict with state lawArbitration: clause, scope ofArbitration: compellingArbitration: confirmation or vacation of

awardArbitration: consolidation (see

“Consolidation”)Arbitration: in insolvencyArbitration: interim awardArbitration: locationArbitration: panel authorityArbitration: panel selectionArbitration: waiver of right to arbitrateAssignmentAssumption reinsuranceAttorneys feesAuditBad faith (see “Good faith”)Bankruptcy Code Section 304/Ch. 15Binder (see “Cover note/Binder/Placement

slip”)Broker (see “Intermediary”)Burden of proofCancellationCaptiveChoice of lawClass actionCollateral estoppel (see “Arbitration:

collateral estoppel”)ComityCommissionsCommutationCondition precedentConfidentialityConflict of lawsConsolidationConvention on the Recognition and

Enforcement of Foreign Arbitral Awards(“N.Y. Convention”)

Cooperation ClauseCostsCover note/Binder/Placement slipCredit for reinsuranceCustom and practiceCut-throughDeclaratory judgment expensesDirect action

DiscoveryDiscovery: common interestDiscovery: in camera reviewDiscovery: privilege, attorney-client or work

productDiscovery: waiver of rightDuty to defendDuty to discloseEquitasErrors and omissions (E&O)EstoppelEvidenceExcess of policy limits (XPL)ExclusionExecutory contractExpertExtra-contractual obligation (ECO)Federal Arbitration Act (FAA)Fiduciary dutyFollow the form or Following formFollow the fortunes/Follow the settlementsFollow the fortunes/Follow the settlements:

impliedFollow the Fortunes/Settlements ClauseForeign Sovereign Immunities Act (FSIA)Forum selection clauseForum/VenueFraudFraud in the inducementFrontingGood faithGoverning lawGuarantyGuaranty fundHold harmlessHonorable engagementIn camera review (see “Discovery: in camera

review”)Indemnity v. liabilityInjunctionInsolvencyInsolvency: ancillary receiverInsolvency: arbitration in (see “Arbitration:

in insolvency”)Insolvency: claims estimation and

accelerationInsolvency: clauseInsolvency: preferencesInsolvency: priorityInsolvency: receiver’s authorityInsolvency: reinsurer’s liabilityIntentIntermediaryJudicial enforcementJurisdiction of the courtLetter of creditLiquidation (see “Insolvency” keywords)Lloyd’s issuesLloyd’s Names litigationLoss adjustment expense (LAE)Managing general agent (MGA)

MaterialityMcCarran-Ferguson ActModificationNon-concurrent clausesNon-partyNon-signatoryNoticeNovationOccurrenceOffer/acceptance/considerationOffset (see “Setoff”)Piercing the corporate veilPlacement slip (see “Cover note/Binder/

Placement slip”)PoolPool managerPre-answer securityPre-contract disclosurePre-emptionPrejudicePremiumsPrivilege: attorney-client or work

product (see Discovery: Privilege,attorney-client or work product)

Proportional coveragePunitive damagesRacketeer Influenced and Corrupt

Organizations Act (RICO)Receivership (see “Insolvency”

keywords)ReformationRegulatory approval of contractRehabilitation (see “Insolvency”

keywords)ReleasesRemovalRepresentationsRes judicataRescissionRetentionRight of associationRight of investigationSalvageSecurities violationsService of suitSetoffSettlementsStanding to sueStatute of limitationsStaySubrogationSummary judgmentTaxesThird party right of actionThird-party administrator (TPA)TransferTrustsUtmost good faithVenue (see “Forum/venue”)Void/void ab initioWarranty

Preset KeywordsPreset keyword list for searching cases. (Also search with custom keywords and phrases-- see page 2)

KEY WORD LIST AS OF SEPTEMBER 2009

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