The Duty of Reinsurers to Follow the Fortune of Cedant Insurers

Most reinsurance contracts by which an insurance company cedes or reinsures a portion of the coverage for policyholders to a reinsurer call for the reinsurer to "follow the fortune" of the insurer. Thus, the reinsurer is expected to pay the reinsured percentage of a claim without questioning how the insurer handled the claim. The follow the fortune doctrine is an extension of the "utmost good faith" that by tradition has governed the relationship of the ceding insurer to the reinsurer.

Insurance Law> General Liability Insurance> Harm Exclusions

(The CGL Policy Exclusion for Expected or Intended Injury)

Insurance Law> Property Insurance> Exclusions Generally

(Business Property Insurance Policy Exclusions)

Attaching an Insurance Application

An applicant's completed application for insurance may be attached to a policy issued by an insurer to the applicant. If the application is attached, it is considered part of the policy. Some state statutes require attachment and a statement in the policy that the application is attached.

Crimes of Insurance Agents

Insurance agents are subject to punishment under both general criminal statutes and insurance-related statutes in state insurance codes based on their conduct in relation to insurers and insureds. Criminal penalties may still apply even if the agent is subject to civil sanctions for his actions despite the constitutional prohibition against double jeopardy because courts usually do not consider civil fines to be so excessive as to transform the fine into a criminal penalty.