Does the performance of an agreement between an insurer and reinsurer regarding the funding of the settlement of a medical malpractice claim discharge the reinsurer with respect to the claim? May a court consider collateral evidence with respect to the extent of the agreement? Following a decision by the United States Court of Appeals for the Fifth Circuit, J. Ben Vitale, an associate in the Atlanta, Georgia law firm of Morris, Manning & Martin, LLP who concentrates his practice in the area of commercial litigation, examines these important questions and offers helpful insight to reinsurers.
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