Mark Kreger Headshot_

Kreger, Mark A. Partner

Kreger, Mark A. Partner

Practice Focus

For more than 35 years, Mark Kreger’s practice has focused on complex commercial transactions and litigation, principally in the fields of reinsurance, insurance coverage and claims, insurance regulation, insolvency, run-off and commutations.  He has extensive experience in the area of reinsurance transactions, contracts, claims and disputes, and has counseled several of the world’s leading cedents, reinsurers and retrocessionaires in this field.  He regularly serves as lead trial counsel for foreign and domestic insurers and reinsurers in major insurance and reinsurance coverage matters throughout the United States.

As a reinsurance litigator, Mark has acted as lead counsel in dozens of confidential arbitrations under both treaties and facultative certificates, involving such issues as contract formation and rescission, scope of coverage and contract exclusions, loss allocation and aggregation, claim handling, late notice, application of retentions and limits, coverage of DJ expenses, ECO/XPL and ex gratia payments, fraud and utmost good faith, security arrangements and letters of credit, access to records, loss portfolio transfers, captives, contract termination and mandatory commutation.

Additional issues in litigated matters have included jurisdiction and venue, liability of reinsurance intermediaries, cut-throughs, insolvencies and issues relating to arbitrability, including the scope of arbitration provisions and binding non-parties to arbitration agreements.

As a direct insurance coverage lawyer, Mark’s most significant recent victory affirmed a new Illinois approach to the trigger-of-coverage for false imprisonment and malicious prosecution claims.  Indian Harbor Ins. Co. v. City of Waukegan, et al., 392 Ill.Dec. 812, 33 N.E.3d 613 (Ill.App.Ct., 2015).
 

 

Professional Background

Prior to joining Tressler, Mark was a partner at Kerns, Frost & Pearlman LLC, a boutique insurance firm based in Chicago, where he co-chaired the firm’s reinsurance practice.  Before that, he was a partner at Locke Lord LLP, and its predecessor firm Lord, Bissell & Brook in Chicago, where he worked for over 25 years, becoming a senior partner in the firm’s insurance and reinsurance practice.  During that time, Mark represented various London Market insurers and reinsurers, and was resident with a leading Lloyd’s syndicate in 1989.


Publications

  • “The Issue of ‘Reliability’ in Reinsurance Arbitration,” Co-Author, paper submitted at 2016 ARIAS•U.S. 2016 Fall Conference, November 17-18, 2016
  • “Reinsurance Intermediaries,” Co-Author, New Appleman on Insurance Law Library Edition,  Chapter 75 (2012)
  • “Decision-Making in Reinsurance Disputes:  Orders and Awards, Modifications, Reconsideration and Appeal,” Co-Author, ARIAS•U.S. Quarterly, Vol. 18, No. 3 (2012)


Presentations

  • Featured Panelist, “If You Want Reliability, Should We All Just Get a Dog?”  ARIAS•U.S. 2016 Fall Conference, November 17, 2016
  • Featured Instructor, “RE Claims 2015:  Navigating the World of Reinsurance Protection When Loss Strikes,” Reinsurance Association of America, October 15-16, 2015
  • Featured Panelist, “Reinsurance Recoveries,” Cayman Captive Forum, Insurance Managers Association of Cayman, November 30 - December 2, 2010
  • Featured Instructor, “Reinsurance Allocations,” Reinsurance and Contract Wording Textbook Training Course, Robert W. Strain Publishing and Seminars, July 22-25, 2008 and July 21-24, 2009

 

Memberships & Affiliations

AIDA Insurance and Reinsurance Arbitration Society (ARIAS U.S.), Member
Illinois State Bar Association, Member