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ARTICLE · 15 OCTOBER 2019

Where There Is No Intent There Is No Tortious Interference

Reinsurance programs are often complex and the calculation of reinsurance premiums can be confusing. Periodically, a reinsured will review its reinsurance premium transactions

United StatesInsurance

Reinsurance programs are often complex and the calculation of reinsurance premiums can be confusing. Periodically, a reinsured will review its reinsurance premium transactions to make sure that it has not been overpaying for its reinsurance protection. Where a third-party premium audit company is used for that review, compensation is usually based upon a percentage of the savings found on the reinsurance premiums. In a recent case, a reinsured hired a third-party auditor who produced a report indicating a significant over-payment of reinsurance premium. Ultimately, the reinsured rejected the report and continued calculating the reinsurance premium based on the methodology used by its reinsurance intermediary. Suffice it to say that the audit company was less than pleased and, when the reinsured refused to pay the audit company, sued the intermediary for tortious interference with the contractual relationship between the audit company and the reinsured. As the discussion

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