PRACTICE AREAS


Beth Clark's practice focuses on complex reinsurance and insurance litigation and arbitration. Ms. Clark has represented cedents, reinsurers, retrocessionaires, intermediaries and liquidators in a wide variety of matters in federal and state court and before arbitration panels. These disputes have involved areas such as the bad faith exception to the late notice/prejudice rule, allocation of asbestos and environmental pollution losses; misrepresentations in connection with the placement of reinsurance and retrocessional agreements; the protection afforded under reinsurance and retrocessional agreements; the accumulation of loss under both property and casualty reinsurance contracts; standards of conduct applicable to ceding companies in dealing with reinsurers; disputes with program managers; and broker negligence. Ms. Clark has also represented ceding companies in connection with their efforts to review and revise contract terms to ensure they have received the protections desired and avoid future disputes.


REPRESENTATIVE MATTERS

  • Representing ceding companies against reinsurers in connection with catastrophe losses ceded under whole account treaties;
  • Representing ceding companies against reinsurers of asbestos and environmental pollution liabilities on issues relating to allocation, follow-the-settlements and exclusions;
  • Representing ceding companies against reinsurers in connection with issues of late notice, prejudice and the bad faith exception to the prejudice rule;
  • Representing financial guaranty insurers in disputes with reinsurers relating to CDO/CDS deals involving RMBS and CMBS transactions;
  • Representing a ceding company in arbitrations against reinsurers relating to surety bonds and financial guarantees; and
  • Representing insurer in dispute with broker concerning failure to procure appropriate reinsurance protections.

MEMBERSHIPS

  • Member, AIDA-U.S. Reinsurance and Insurance Arbitration Society (ARIAS)

ADMITTED TO PRACTICE

New York, 2000


CLERKSHIPS

Law Clerk, The Hon. Charles J. Brient, U.S. District Court, Southern District of New York, 2001-2002


EDUCATION

J.D., Fordham University School of Law, 1999; Order of the Coif

B.A., University of Wisconsin, 1995