Neal J. Moglin

Partner

Overview

Neal Moglin is a partner and litigation attorney with Foley & Lardner LLP. Neal is an experienced litigator who regularly represents ceding companies and reinsurers in arbitrations involving life/accident & health and property/casualty contracts. He has also represented insurers and reinsurers in federal and state courts in New York, Illinois, Texas, Florida and other jurisdictions. He is chair of the firm’s Insurance & Reinsurance Litigation Practice and a member of the Insurance & Reinsurance Industry Team.

Neal’s representative cases have involved aviation bodily injury carve out and workers’ compensation carve out contracts; fronting and pool liability issues; MGA and pool manager disputes; environmental and asbestos losses; medical stop loss contracts; spiral claims; World Trade Center losses; finite reinsurance and disputes involving traditional and non-traditional life reinsurance products.

Additionally, Neal regularly advises clients on regulatory compliance and risk management issues and assists them in the development of new products and the acquisition and disposition of books of business.

Education

Neal is a graduate of Vanderbilt University, where he received his bachelor’s degree in 1985 and his J.D. degree (with honors) in 1988. He was a member of the Vanderbilt University Law Review.

Thought Leadership

Neal is a former co-chair of the Mealeys Reinsurance Summit (2005-2007) and the Annual Insurance Insolvency & Reinsurance Roundtable (2008 to 2010). He has also spoken at a variety of other industry meetings and events, including the 2009 ARIAS Fall Conference. Reinsurance articles published by Neal include "And Now for Something Completely different: What your English Colleagues Already Know about Mediating Reinsurance Disputes," (ARIAS Quarterly, 2007) and "Achieving Certainty in an International Marketplace," (Journal of Reinsurance, 2007).

Professional Memberships and Admissions

Neal is a member of both the Illinois Bar and the Trial Bar of the United States District Court for the Northern District of Illinois. He is currently admitted to practice in the state courts of Illinois, the United States District Court for the Northern District of Illinois and the Court of Appeals for the Seventh Circuit.

Recognition

Neal has been recognized as one of America’s Leading Lawyers for Business by Chambers USA (2008-present); as a Leading Lawyer for Insurance and Reinsurance by Legal 500 US (2008-present); and as a Leading Lawyer by Euromoney Institutional Investor’s Insurance and Reinsurance Expert Guide. He has also been selected for inclusion in Who's Who: Legal Insurance & Reinsurance (2019) and the Illinois Super Lawyers® list for his reinsurance litigation work (2005, 2009).* Also in 2019, Neal received a Fintech award as the "Insurance & Reinsurance Lawyer of the Year - USA" from Finance Monthly.

*The Illinois Supreme Court does not recognize certifications of specialties in the practice of law and no award or recognition is a requirement to practice law in Illinois.

Representative Matters

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Represented a leading life insurance carrier in an arbitration against a reinsurer involving YRT life reinsurance agreements. Obtained favorable award from the arbitrators on contract language that had never been publically construed.
Represented two international reinsurers in related but separate confidential arbitrations arising out of Whole Account Aggregate Excess of Loss Reinsurance treaties issued by the client to a multinational insurance company. Both disputes involved the interpretation and operation of the treaties and specifically, whether certain premiums were intended to be included in the treaties’ respective definitions of subject net earned premium income. Because of the way in which the treaties were structured a key issue in the arbitration was whether the treaties effectively transferred risk or were financial reinsurance vehicles. Following a series of interim rulings favoring the clients, the clients were able to resolve their respective disputes on extremely favorable terms. This matter was handled prior to joining Foley.
Represented London-based reinsurers in a dispute involving a ceding company's efforts to aggregate professional liability losses as a single occurrence. Our clients denied coverage on the basis that the ceding company previously released all rights to recover against the reinsurers for losses relating to a specific individual's discrimination claims. Reinsurers also denied coverage on the basis that the losses in question did not arise from interrelated wrongful acts as defined under the reinsurance agreement and could not be aggregated together as a single occurrence as the ceding company had done.