Introduction
There has been a recent increase in policyholder disputes involving coverage challenges by (re)insurers in the context of Bermuda high-value, excess-of-loss policies. This is, in part, due to Bermuda’s commercial (re)insurers facing a marked and sustained rise in the volume of claims, incurring claims costs globally of BMD1.1 trillion from 2016 through 2024. The massive volume and quantum of claims can be attributed in part to the significance of the Bermuda (re)insurance market in the global economy, as well as Bermuda’s exposure to catastrophic losses caused by natural disasters over this period. Bermuda’s increased exposure to global (re)insurance risks has naturally resulted in an increase in complex claims and coverage disputes.