Facultative Reinsurance Agreement: When Reinsurance Contract Is Insurance Contract

You know the old saying: if it walks like a duck and quacks like a duck it must be a duck! So when a contract is called a Facultative Reinsurance Agreement is it a reinsurance contract or an insurance contract? Recently a Missouri appellate court addressed this issue to determine an appeal of the denial of a motion to compel arbitration in the face of a Missouri law that prohibits mandatory arbitration clauses in insurance contracts.

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