Venetsanos v. Zucker, Facher & Zucker

In Venetsanos v. Zucker, Facher & Zucker, 271 N.J. Super. 459, 638 A.2d 1333 (N.J. Super. Ct. App. Div. 1994) (discussing Reid), the New Jersey Superior Court found the Reid factors to be present and held that the insured had a right to claim the reinsurance proceeds. It determined that where a reinsurer: (1) underwrote the insurance policy in question; (2) undertook 100% of the risk from an insolvent "fronting" insurer; (3) retained final authority to negotiate and settle all claims on behalf of the "fronting" insurer; (4) reimbursed the fronting insurer for all payments made under the policy, the policyholder was a third-party beneficiary to the reinsurance contract and could proceed directly against the reinsurer upon the primary insurer's insolvency ... The Venetsanos court distinguished a fronting arrangement from a "more orthodox reinsurance situation."