18
Contract Drafting Techniques
by Charles E. Heiden*
The individual who writes a reinsurance contract infrequently
will probably start by securing an existing contract and amending, updating
and filling in as judgement dictates. Rarely, however, will the result be
satisfactory. Such an approach, derisively known as "cut-and-paste," is at
best only as good as the contract dissected.
This chapter is designed for the person who expects to
draft reinsurance contracts regularly. As to equipment needed, a word processor
with memory storage is helpful.
Uniformity of Style Desirable
Long-term advantages accrue to an organization when all
employees are subject to the same general operating rules. In contract writing
this can be as simple as following the same format for contracts. Uniformity
of this sort can be particularly helpful because many specific references
are made to contracts in the course of a year. For example, frustrations
are avoided when a drafter can locate a subject in a certain sequence. Terms
should also be used uniformly. For example, using "reinsured," "company,"
and "cedent" interchangeably throughout a contract may not hinder an experienced
person, who recognizes that each term describes the same party; however,
this lack of uniformity can cause mistakes when a novice is involved.
Margins and spacing should be set to accommodate the filing
system used, otherwise, file fasteners can obscure the top line, or the beginning
of each line, or even the page numbers. For the same reason, if the file
is secured at the top, the pages should be numbered at the bottom.
Each page of the contract should be identified
with a preassigned code for the ceding company, the specific contract, and
the effective date. Revised pages should also be identified by the date of
the . . .
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* Retired Vice President in charge of the Treaty Department
at Sullivan Payne Co., 1501 4th Avenue, Seattle, Washington 98101, now in
a consulting capacity with the firm on a regular but reduced
scheduled.