Alternative Dispute Resolution

Experience

Anonymous Plaintiff v. Insurance Company

Defended insurance company in multi-million dollar coverage action brought in state court in New Brunswick, N.J. by manufacturing company seeking to recover cleanup costs associated with environmental sites around the country. Among others, the suit included issues of choice of law, trigger of coverage, and allocation. The claims against the client were settled through mediation.

Arbitration

I am experienced in handling such matters individually as well as the chairman of multi-member panels hearing and deciding private arbitrations involving large publicly traded land holding and operating companies to smaller privately held companies addressing disputes over coal reserves, leases, contract mining agreements, and sales agreements, with amounts at stake ranging from less than $1 million to in excess of $100 million.  I am also experienced in handling other, non-coal related, commercial disputes as a former American Arbitration Association commercial panel member.

Superintendent of Insurance v. Insurance Company

Served as principal outside counsel to the Superintendent of Insurance as statutory liquidator of a failed property and casualty insurance company. Work has mainly consisted of assisting the Liquidator's assets collection efforts and the prosecution of litigation on behalf of the Liquidator against various debtors of the insolvent insurer and parties responsible for the failure of the insurer. The litigation has included suits against the insurer's: directors and officers, insurance liability carrier for the directors and officers, employee theft insurance carrier, parent and affiliated companies, financial auditor, and various of the insurer's agents and high deductible insureds. In addition to assisting the Liquidator in prosecuting claims against others, we have assisted the Liquidator in defending claims against the liquidation estate, including lawsuits and claims filed by the Bankruptcy Trustee of the insurer's parent company, claims filed by another insurance company, and assessments made by the IRS. Also have assisted the Liquidator in running out the affairs of the insurance company, such as terminating the insurance company's pension plan, and in administering the liquidation proceeding, such as developing the statutorily required early distribution plan for state insurance guaranty funds.