Publications - Expert Articles

Publications Overview

Mr. Hall has authored more than 100 published articles addressing arbitration, insurance, reinsurance, custom & practice, insurance receivership, intermediaries and more. 

Arbitration

Circumstances Under Which Offshore or Other Unauthorized Insurers and Reinsurers In Litigation or Arbitration are Subject to New York Security Requirements

Vol. 28, Mealey’s Reins. Rpts. No. 23 (2018)


Extreme Fronting Arrangements and Their Impact on Arbitration Rights
Reinsurance & Arbitration Rpt. Vol. 9 No. 8 (2017)

  

Ex Parte Communications in Arbitrations and Their Consequences
ARIAS-US Quarterly, No. 3 at 10 (2016)

  

Pre-Hearing Removal of Arbitrators Due to Failure to Meet Contractual Requirements
XXVII Mealey’s Reins. Rpts. No. 6 at 14 (2016)

  

Co-Author, What Does an Arbitration Panel Do When a Party Does Not Pay Its Share of Arbitration Costs?
ARIAS-US Quarterly, Vol. 23 No. 1 at 18 (2016)

  

Arbitration Awards: Bifurcation and Finality
XXV Mealey's Reinsurance Rpts. No. 21 (2015)

  

Authority of an Arbitration Panel to Issue Sanctions
XXI ARIAS-US Quarterly No. 1 at 4 (2014)

  

Arbitrator Death or Resignation: Replace the Arbitrator or the Whole Panel (Revisited)?
Reinsurance, Vol. 6 No. 8 at 5 (2014)  

  

Posting Collateral Under the Foreign Sovereign Immunities Act:

Arbitration v. Litigation
Reinsurance Vol. 5 No. 10 at 5 (2013)

  

Evident Partiality of Arbitrators in Law Firms
XXIII Mealey's Reins. Rpt. No. 4 (2012)

  

Grant of Attorneys' Fees by an Arbitration Panel: Is a Demand for Such Fees Necessary?
XIX ARIAS-US Quarterly No. 3 at 23 (2012)

  

Evident Partiality of Arbitrators: Multiple/Overlapping Appointments
Reinsurance Vol. 5 No 2 at 6 (2012)

  

How Reinsurance Arbitrations can be Faster, Cheaper and Better (Revisited)
Vol. 18 Journal of Reinsurance No. 2 at 1 (Spring 2011)

  

Issue for the Courts vs. Issues for the Panel: Supreme Court Clarification?
XVIII ARIAS-US Quarterly No. 1 at 15 (2011)

  

Limiting Discovery and Testimony in Arbitrations
Reinsurance Vol. 3 No. 10 at 4 (2011)

  

Are Formal Hearings Necessary for Interim Issues in Reinsurance Arbitrations?
TIPS Alternative Dispute Resolution Committee Newsletter, Spring 2010 at 5

  

Panel Appointment of Experts
XX Mealey’s Reins. Rpt. No. 23 at 15 (2010)

  

Are “Unreasoned” Arbitration Awards “Irrational”?
XVI ARIAS-US Quarterly No. 4 at 17 (2009)

  

Manifest Disregard of the Law as a Basis to Vacate Arbitration Awards After Hall Street Associates
Reinsurance Vol. 2 No. 4 at 4 (2009)

  

Inherent Authority of Arbitration Panels to Grant Attorney’s Fees and Costs
XVI ARIAS – US Quarterly No. 2 at 9 (2009)

  

Arbitrator Resignation: Replace the Arbitrator or the Panel?
Reinsurance Vol. 1 No. 11 at 4 (2009)

  

Confirming Arbitration Awards: To Seal or Not To Seal?
IXX Mealey’s Reins. Rpt. No. 22 at 18 (2009)

  

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

  

Functus Officio: The Clarification Exception
XIX Mealey’s Reins. Rpt. No. 8 at 22 (2008)


Functus Officio: The Finality Requirement
XIX Mealey’s Reins. Rpt. No. 7 at 25 (2008)

  

Late Named Witnesses: What’s A Panel To Do?
XV ARIAS-US Quarterly No. 2 at 28 (2008)


Third Party Beneficiary: Binding Non Signatories to Arbitration Clauses in Reinsurance Contracts
Reinsurance Vol. 1 No. 1 at 4 (2008)

  

Agency: Binding Non Signatories to Arbitration Clauses
XVIII Mealey's Reins. Rpt. No. 5 at 21 (2007) 

  

Equitable Estoppel: Binding Non Signatories to Arbitration Clauses
XVII Mealey's Reins. Rpt. No. 3 at 17 (2007)


Res Judicata and Collateral Estoppel Effect of Prior Arbitration Orders: What Impact on Subsequent Arbitrations?
XVII Mealey's Reins. Rpt. No. 17 at 17 (2007)

  

Arbitration Rulings When No Substantive Law is Designated
XVII Mealey's Reins. Rpt. No. 24 at 20 (2007)

  

Arbitral Immunity at Common Law 

XIII ARIAS-US Quarterly No. 3 at 12 (2006)


Setoff in Arbitration When One of the Parties is in Receivership
XVI Mealey's Reins. Rpt. No. 23 at 33 (2006)

  

Co-Author, All-Neutral Arbitration Panels
XV Mealey's Reins. Rpt. No. 24 at 23 (April 28, 2005)


Manifest Disregard of Law or Facts or Both?  

XV Mealey's Reins. Rpt. No. 3 at 23 (2004)

  

Consolidation of Arbitrations - A New Rule Emerging?
XV Mealey's Reins. Rptr. No. 2 at 21 (2004)


How Reinsurance Arbitrations Can Be Faster, Cheaper and Better
XI ARIAS-U.S. Quarterly No. 3 at 33 (2004)

  

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

  

Pre-Hearing Removal of Arbitrators
XIV Mealey's Reins. Rpt. No. 21 at 22 (2004)

  

Are Formal Hearings Necessary for Interim Issues in Reinsurance Arbitrations?
XIII Mealey's Reins. Rpt. No. 24 at 22 (2003)

  

Intermediaries and Discovery in Reinsurance Arbitrations
XIII Mealey's Reins. Rpt. No. 15 at 27 (2002)

  

Waiver of Arbitration Rights
XII Mealey's Reins. Rpt. No. 5 at 23 (2002)

  

Pre-Answer Security and Reinsurance Arbitrations
XII Mealey's Reins. Rpt. No. 18 at 20 (2002)

  

Judicial Issues in Arbitration Panel Selection
XII Mealey's Reins. Rpt. No. 8 at 16 (2001)

  

Which Reinsurance Disputes are Covered by Arbitration Clauses?
X Mealey's Rein. Rep. No. 24 at 17 (2000)

  

Mediation of Reinsurance Disputes
VIII Mealey's Reins. Rep. No. 10 at 20 (1997)

  

Co-Author, Partiality Among Arbitration Panelists
VIII Mealey's Reins. Rep., No. 3 at 18 (1997)

  

When The Other Side Will Not Arbitrate: Judicial Appointment of Umpires and Arbitrators
VI Mealey's Reins. Rep., No. 24 at 15 (1996)

Reinsurance / Insurance / Intermediaries

Business Issues Undercutting Bellefonte Re
Mealey’s Litigation Report: Reinsurance, Vol. 28, Issue 17 (2018)


Discoverability of Communications with Reinsurers in Bad Faith Cases
Reinsurance & Arbitration Vol. 9, No. 12 at 6 (2017)


Challenges to Policies with Defense Within Limits Provisions
Reinsurance & Arbitration, Vol. 9, No. 12 at 6 (2017)


Enforceability of Consent to Settle Clause in Excess Insurance
Reinsurance & Arbitration, Vol. 9 No. 10 at 6 (2017)


Does Passing Documents Through Reinsurance Intermediaries Waive Privilege?
Reinsurance & Arbitration, Vol. 8 No. 12 (2016)


Pre-Answer Security Litigation in Connecticut
Reinsurance & Arbitration, Vol. 8, No. 10 at 4 (2016)


Privilege, The Common Interest Exception and the Reinsurance Relationship (Revisited)
XXVI Mealey’s Reins. Rpts. No. 10 (2015)


Collecting Old Premium and Loss Balances and the Account Stated Principle
Reinsurance, Vol. 7, No. 12 at 5 (2015)


Excess of Loss Coverage for Self-Insurers: Is It Insurance or Reinsurance?  (Revisited)
Reinsurance, Vol. 7, No. 7 at 5 (2015)


Cut-Throughs, Commutations and Arbitrability
Reinsurance, Vol. 7. No. 8 at 5 (2014)


Loss Notice and Sunset Clauses in Reinsurance Treaties
XXV Mealey's Reins. Rpt. No. 4 at 15 (2014)


Notice to Reinsurers, Right to Associate and Prejudice (Revisited)
XXV Mealey's Reins. Rpt. No.1 at 12 (2014)


Utmost Good Faith in The Reinsurance Relationship
Reinsurance, Vol. 6 No. 10 at 4 (2014)


What Does It Mean to "Exhaust" an Underlying Layer of Insurance (Updated)?
Journal of Insurance Regulation, Vol. 20, No. 3 at 9 (2013)


Bad Faith as a Substitute for Prejudice in Late Notice Disputes
Reinsurance Vol. 6 No. 4 at 4 (2013)


Discovery in Reinsurance Allocation Disputes after USF & G v. American Re
XXIV Mealey's Reins. Rpt. No. 7 (2013)


What Does It Mean to "Exhaust" an Underlying Layer of Insurance? (Updated)

Journal of Insurance Regulation, Vol. 20, No. 3 at 9 (2013)


What Does It Mean to "Exhaust" an Underlying Layer of Insurance?
XXIII Mealey's Reins. Rpt. No. 3 at 14 (2012)

  

Should Reinsurance Contracts be Construed Against Reinsurers (Updated)?
Reinsurance Vol. 4 No. 12 at 4 (2012)


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


Follow the Settlements and Ex Gratia Payments
Reinsurance, Vol. 3 No. 6 at 6 (2010)


Excess of Loss Coverage for Self-Insurers: Is It Insurance or Reinsurance? 
Reinsurance, Vol. 3, No. 5 at 4 (2010)


Notice to Reinsurers, Right to Associate and Prejudice
XXI Mealey’s Reins. Rpt. No. 6 at 27 (2010)


Expenses in Addition to Limits and Facultative Certificates
Reinsurance, Vol. 3 at 4 (2010)


Does a Service of Suit Clause in a Reinsurance Contract Bar Removal of a Dispute to Federal Court?
Reinsurance Vol. 2 No. 12 at 5 (2010)


The Perils Of Captive Insurance Companies: Guarantees And Kick-Backs
Reinsurance, Vol. 2 No. 8 at 4 (2010)


Transferring Books of Business – Recent Case Law
XX Mealey’s Reins. Rpt. No. 15 at 17 (2009)


What is a “Claim” for Claims-Made Purposes?
Bloomberg Law Reports Vol. 3 No. 12 (2009)

  

Are Reinsurers Liable for Tort Damages for Breach?
XX Mealey’s Reins. Rpt. Vol. 1 at 20 (2009)


Reinsurance Setoff and Assigned Rights
Reinsurance Vol. 1 No. 5 at 4 (2008)


Fronting and Direct Actions Against Reinsurers: The Final Chapter?
IXX Mealey’s Reins. Rpt. No. 1 at 36 (2008) 

  

Fiduciary Duty in the Reinsurance Relationship
XVIII Mealey's Reins. Rpt. No. 9 at 19 (2007)


Follow the Settlements: Bad Claim Handling Exception
XIV ARIAS - US Quarterly No. 3 at 24 (2007)


What is a "Paid Loss" for Indemnity Reinsurance Purposes?
XVIII Mealey's Reins. Rpt. No. 2 at 22 (2007)


Should Follow the Fortunes / Settlements be Implied into Reinsurance Contracts?
XVII Mealey's Rpt. No. 21 at 27 (2007)

  

Discovery from Intermediaries: Winning the Peace
XVII Mealey's Reins. Rpt. No. 18 at 19 (2007)

  

Discovery from Intermediaries: Report on Developments in Regulation and Case Law
XVII Mealey's Reins. Rpt. No. 6 at 23 (2006)


Is The Obligation Of Utmost Good Faith Dead In Illinois?
XVI Mealey's Reins. Rpt. No. 3 at 21 (2005)


When Does a Reinsurer Have a Cause of Action Against an Insured?
XV Mealey's Reins. Rpt. No. 20 at 25 (February 17, 2005)


Common Account Reinsurance - Case Law at Last
XV Mealey's Reins. Rpt. No. 6 at 23 (2004)


Premium Volume-Misrepresentation or Projection?
XV Mealey's Reins. Rpt. No. 5 at 20 (2004)


Co-Author, Allocation to Reinsurers and Follow the Settlements
XIII Mealey's Reins. Rpt. No. 19 at 26 (2003)


Direct Actions and Equitas
XII Mealey's Reins. Rpt. No. 23 at 23 (2002)


Fronting: Business Considerations, Regulatory Concerns, Legislative Reactions and Related Case Law
XII Mealey's Reins. Rpt. No. 14 at 22 (2001)


Discovery by a Reinsurer of Documents from Cedents and Their Insureds
XII Mealey's Reins. Rpt. No. 9 at 24 (2001)


Reinsurance And Assumption Agreements: How Does The Novation Take Place?
XI Mealey's Reins. Rpt. No. 24 at 20 (2001)


Reinsurance Coverage of Excess of Policy Limits Claims and Extra Contractual Obligations
XXI Mealey's Reins. Rept. No. 16 (2000)


Enforcing Net Retention Clauses in Reinsurance Claims
XI Mealey's Reins. Rep. No. 15 at 21 (2000)


Should Reinsurance Contracts Be Construed Against Reinsurers?
XI Mealey's Reins. Rep. No. 3 at 22 (2000)


Cut-Through and Guarantee Clauses
X Mealey's Reins. Rep. No. 21 at 18 (2000)


Regulation

Lloyd's of London: Reconstruction and Renewal, Credit for Reinsurance and Equitas
PLI Conference on Lloyd's and the London Insurance Market (1996)


Changes to Lloyd's U.S. Trust Funds: Considerable Improvement Noted
Int'l J. of Ins. Law, P. 3, 204 (1996)

  

Is Reinsurance the "Business of Insurance"?
VII Mealey's Reins. Rep., No. 9 at 18 (1996)


Changes in U.S. Credit for Reinsurance Laws
Int'l J. of Ins. Law, P. 4, 257 (1995)


Banks Selling Annuities May Cause a Turf Battle
Nat'l L. J., May 22, 1995 at 17


Security Devices for Unlicensed Reinsurers
16 U. Pa. J. Int. Bus. Law 41 (1995)


Unfinished Business: Credit for Reinsurance
91 Best's Rev. at 75 (1991)


Fronting: Here we Go Again
91 Best's Rev. Prop./Cas. Ed. 8 at 52 (Dec. 1990)


Receivership

Clarifying the Insolvency Clause Trade-Off
XX Mealey’s Reins. Rpt. No. 2 at 23 (2009)


Claim Estimation in Liquidations: Integrity – The Final Chapter?
Reinsurance Vol. 1 No. 2 at 4 (2008)


Guaranty Associations and Reinsurance and Assumption Agreements
The Insurance Receiver Vol. 16 No. 2 at 10 (2007)


When Can a Receiver Ignore Priority of Distribution Statutes?
XVII Mealey's Insolv. Rpt. No. 8 at 21 (2005)


Reinsurance Arbitrations in Receivership: An Arbitrator's Perspective 

XIII The Insurance Receiver No. 2 at 14 (2004)


Responsibility of Receivers for the Sins of Prior Management
XIV Mealey's Insolv. Rep. No. 10 at 22 (2002)


Cedents' Claims to Reinsurance Recoverables and Priority of Distribution
XII Mealey's reins. Rpt. No. 13 at 20 (2001)


Reinsurer Claims to Subrogation and Salvage Recoveries in a Receivership Context
XII Mealey's Insolv. Rep. No. 11 at 21 (2000)


Drawing Down Letters of Credit in an Insurer Receivership Context
XI Mealey's Insolv. Rep. No. 21 at 22 (2000)


Alternatives to Estimation of Claims and Acceleration of Reinsurance 

Receivables: The Uniform Receivership Law
X Mealey's Insolv. Rep. No. 17 at 16 (1999)


Recent Case Law Developments with Arbitration in Receiverships
International Journal of Insurance Law, Part 1 at 5 (1998)


Co-Author, Reinsurers, Receivers and Abstention
VII Mealey's Reins. Rep., No. 18 at 18 (1997)

  

Direct Actions and Setoff:  the Next Generation
VIII Mealey's Reins. Rep., No. 7 at 15 (1997)


Co-Author, Casenote: Quackenbush v. Allstate Ins. Co.
Int'l J. of Ins. Law, P. 4, 323 (1996) 


Toward a National System for Insurance Company Receiverships and Collateralizing Reinsurance Recoverables

ABA Institute on Solvency Concerns
with Foreign Insurers and Reinsurers, (1994)


Co-Author, Insurance Company Insolvencies: Order out of Chaos
12 J. Ins. Reg. 145 (1993)


Co-Author, Report of the Focus Group on Insurer Receiverships
Submission to the NAIC, 1992


Co-Author, Setoffs, Recoupments and Voidable Preferences in the Insolvency Process
ABA Institute on Law and Practice of Insurance Insolvency Revisited (1989)


Offsets in Liquidations: A Matter of Balance
86 Best's Digest No. 6 at 56 (1986)


Co-Author, The Reinsurer's Liability in the Event of the Insolvency of a Ceding Insurer
21 Tort & Ins. L. J. 407 (198