Publications - Expert Articles

Publications

Ms. 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. Additionally, she has authored / co-authored more than 50  amici briefs filed on behalf of the Reinsurance Association of America. Issues include: 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. 

Arbitration

Co-Author, Authority of a Panel to Order Confidentiality and Hold Harmless

Mealey's Litigation Report: Reinsurance, Vol. 29, No. 11, (2018)


Co-Author, Issuance and Enforcement of Arbitral Subpoenas-Including Authority of Panels to Conduct Third-Party Pre-Hearing Discovery

ARIAS-US Quarterly, Vol.  25, No. 2 at 20 (2018); Reinsurance Vol. 10, No. 11 at  4 (2018).


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: 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, Previously published at www.ArbitrationTaskForce.org, which no longer exists online


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


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


Reinsurance Arbitration in Receivership: To Be - Or Not To Be

Presented to ARIAS U.S. & other organization

Reinsurance / Regulatory

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


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


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)


U.S. Reinsurance Regulatory Framework Revisited

AIRROC Matters, Vol. 2, No. 2, Fall (2006)


Co-Author, Credit for Re-IP Report to NAIC

Submission to NAIC on behalf of Industry Interested Persons, June 10, 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)


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


US Reinsurance Regulation: A Reinsurance Market Perspective
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)


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)


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


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


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


Co-author, A Level Playing Field 

Best’s Review, Vol. 93 (1993)

Receivership

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


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


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


Claim Acceleration - Its Biases and Unintended Consequences


Estimation/Acceleration: No Retreat – No Surrender


Claim Estimation – So What’s the Big Deal?


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)


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, Report of the Focus Group on Insurer Receiverships
Submission to NAIC (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 (Part I)

English Law of Set-Off  (Part II)

Valuation of Contingent Claims and Policies in the US  (Part III)

US Law of Set-Off  (Part IV)

Recent Set-Off Developments in the US (Part V)


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)

Manuals / Books

1991 to 2005 - RAA Law Dept. created and updated the following publications under the leadership of Ms. Hall: 


Compendium of Reinsurance Laws and Regulations – 18 charts summarizing and analyzing the laws / regulations of 51 U.S. jurisdictions for key reinsurance topics, including: credit for reinsurance, setoff, insolvency clauses, fronting, bulk reinsurance, cut-throughs and arbitration. 


Digest of Reinsurance Case Law – Comprehensive three-volume collection of U.S. reinsurance case law indexed, cross-referenced and summarized with 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 procedures, sample forms, case law, directory of services and recommendations for improving the arbitration process. 


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


Debra was the Managing Co-Editor and  Contributing Author of the first edition of the U.S. leading handbook for administering receivership estates. Thereafter she served as a Contributing Author.


Receiver’s  Handbook for Insurance Company Insolvencies, National Assoc. of Insurance Commissioners, (1992). 


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

Amici Curiae Briefs

Ms. Hall co-drafted and / or supervised the attached list of amici curiae briefs in Federal and State courts.