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Insurance/Reinsurance Dispute Resolution
Dewey & LeBoeuf LLP Americas | Europe | Russia/CIS | Asia Pacific | Africa | Middle East dl.com
Insurance/Reinsurance
Dispute Resolution
Reactions magazine has
recognized Dewey &
LeBoeuf as “Best Law Firm”
for nine consecutive years,
from 2002 to 2010.
Dewey & LeBoeuf LLP | Insurance/Reinsurance Dispute Resolution
About Dewey & LeBoeuf
Dewey & LeBoeuf is a full-service law firm providing
counsel throughout the Americas, Europe, Russia/
CIS, the Middle East, Asia and Africa. With more than
1,100 lawyers in major financial and commercial centers,
the firm represents national and global corporations,
financial institutions and government agencies in their
most complex legal matters.
For additional information, please visit www.dl.com.
| 3
1,100
15
4
Continents Countries Lawyers
Insurance/Reinsurance Dispute
Resolution Capabilities
Dewey & LeBoeuf has represented asbestos or environmental loss
insurance industry clients in insur- under a facultative certificate, to
ance and reinsurance arbitration, fraud and misrepresentation claims
litigation and mediation over the past involving the potential rescission
several decades and has developed of a complex array of reinsurance
a large and experienced dispute agreements covering an entire book
resolution team. Based on feedback of business, to the allocation of
from our clients, Reactions magazine bad faith responsibility between a
has recognized Dewey & LeBoeuf as cedent and its reinsurer. We have
“Best Law Firm” for nine consecutive also handled reinsurance and related
years, from 2002 to 2010. Our disputes arising out of mergers and
insurance and reinsurance dispute acquisitions of insurance entities and
resolution practitioners are consis- books of business, including post-
tently recognized as among the closing disputes.
best in the Chambers guides, the
International Who’s Who of Business Our lawyers have seen and reviewed
Lawyers — Insurance and Reinsur- nearly every type of reinsurance
ance, The Guide to the World’s agreement, including diverse types of
4 | Leading Insurance & Reinsurance property and casualty quota share,
Lawyers, and Legal 500. excess of loss, facultative agree-
ments, managing general agency
Our lawyers have advised on all and managing general underwriter
manner of insurance and reinsur- agreements, reinsurance intermediary
ance disputes over the years. Our agreements, retrocessional agree-
deep experience in and our extensive ments, finite reinsurance agreements,
knowledge of the insurance industry property surplus share agreements,
ensures that our clients receive loss portfolio transfer reinsurance
tailored, comprehensive and strategic agreements, workers’ compensation
advice, both from legal and industry and occupational accident reinsur-
perspectives. ance contracts, and life reinsurance
agreements.
Our lawyers deal with a broad
range of claims and disputes — Our Insurance/Reinsurance Disputes
ranging from the validity of a single Resolution team, in combination
Dewey & LeBoeuf LLP | Insurance/Reinsurance Dispute Resolution
with the firm’s securities litigation organized by Mealey’s, HB Litigation
and white-collar crime practitio- Conferences, Practising Law Insti-
ners, provides clients with extensive tute, Falconbury, ARIAS—US, the
knowledge of practices unique to Reinsurance Association of America,
the insurance industry. In the US, AIRROC, American Conference
we regularly represent major insur- Institute, C5 and the American Bar
ance clients in governmental inquiries Association. Our lawyers chaired
at the state and federal levels. Our the Mealey’s Insurance Insolvency
lawyers have been lead counsel on & Reinsurance Roundtable, various
key investigations, federal securi- ARIAS—US Conferences, the Amer-
ties class actions and shareholder ican Conference Institute’s Advanced
derivative actions related to incentive Forum on Reinsurance Arbitration,
compensation arrangements, bidding the International Reinsurance Summit
practices, finite risk contracts, — Bermuda, Falconbury’s Reinsur-
reserving practices and accounting ance Contract Wording and Disputes
issues. conference, and the Excess, Surplus
Lines & Reinsurance Committee of
Dewey & LeBoeuf lawyers are active the ABA’s Section on Tort, Trial &
in industry and bar association Insurance Practice. In London, the | 5
organizations, and speak and write firm is an active participant in BILA
extensively on reinsurance litigation and has membership in the CII.
and arbitration. We publish a quar-
terly Reinsurance Newsletter, which Dewey & LeBoeuf lawyers have
is widely read within the industry. represented many of the leading
insurance and reinsurance compa-
Dewey & LeBoeuf was a founding nies in the world — monitoring their
member of ARIAS—US, the insur- exposures and, when necessary,
ance and reinsurance arbitration resolving their disputes on both
society of the global insurance orga- the ceding and assuming side, in
nization AIDA, and our lawyers have litigation, jury trials, mediations and
served on the ARIAS—US Board and arbitrations throughout the United
have chaired various committees. We States, Bermuda and the United
speak frequently at leading reinsur- Kingdom.
ance industry events, including those
Representative Matters
Dewey & LeBoeuf has handled many and aggregate reinstatement provi-
significant reinsurance disputes, sions. Amount involved: $40 million;
including:
• Litigation in multiple jurisdictions
• Arbitration involving coverage concerning the redomestication
under a co-insurance agreement of a captive ceding company to a
that was part of an acquisition of a foreign country, the subsequent
substantial book of business. Amount insolvency of the cedent and the
involved: $1 billion; effect on its reinsurance. Multiple
treaties and facultative certificates
• Arbitration and collateral litigation over many years covered various
involving the collapse of a pool of life liability risks, including environmental
reinsurers managed by an MGU and exposures of a major industrial
considered one of the largest reinsur- insured. Issues involved reinsur-
ance debacles in history. Amount ance regulatory and administrative
involved: $1 billion; law, misrepresentation, insolvency
and acceleration of reinsurance
• Litigation in federal district court recoverables. Amount involved:
6 | involving the reinsurance of a large $80 – $120 million;
book of professional liability insur-
ance written through MGAs. Issues • Arbitration involving reinsurance
involved fraud in the inducement, accounting and reporting issues
utmost good faith and rescission. under a quota share treaty. Amount
Amount involved for two reinsurer involved: $30 million;
clients: $100 million;
• Litigation and arbitration against
• Arbitration involving quota share a foreign reinsurer seeking reinsur-
and excess of loss reinsurance ance recoverables. Amount involved:
agreements covering a six-year $70 million;
period. Agreements covered excess
and special risk, professional liability • Arbitration of a dispute between
and directors and officers (D&O) a retrocedent and its retrocession-
liability risks. Issues involved were aire on a finite reinsurance cover for
fraud, misrepresentation, D&O claims a book of excess-of-loss workers’
Dewey & LeBoeuf LLP | Insurance/Reinsurance Dispute Resolution
compensation business. Amount • Service as lead counsel to 13
involved: $48 million; Lloyd’s of London defendants in
the Insurance Antitrust Litigation,
• Multiple arbitrations between which made its way to the U.S.
various issuers of variable annui- Supreme Court. Dewey & LeBoeuf
ties and their reinsurer over alleged counsel negotiated the settlement of
changes to the underlying invest- that case on behalf of 19 of the 32
ments. Amount involved: $50 million; defendants;
• Arbitration alleging fraud and • Arbitration to obtain collateral insur-
misrepresentation in the placement ance recovery following a massive
of reinsurance in the London market. explosion on an oil platform off the
Amount involved: $100 million; coast of Brazil;
• Multiple arbitrations subject to the • Litigation involving the scope of
Bermuda International Conciliation legislation passed following the
and Arbitration Act 1993. Amount September 11 terrorist attacks;
involved: $1 – $100 million;
• Litigation over coverage, defense, | 7
• Arbitration over a series of long- and insurance contract obligations for
term care reinsurance agreements losses arising out of the September
involving breach of retention warran- 11 terrorist attacks and the clean-up
ties. Amount involved: $26 million; of the World Trade Center sites; and
• A large-scale arbitration involving • Litigation over defense obligations
the number of occurrences presented of fidelity bond insurers concerning
by gradual pollution claims and the underlying actions arising out of the
allocation of these claims to rein- Madoff Ponzi scheme.
surance years and layers. Amount
involved: $60 million;
Lawyer Bios
John M. Aerni
Partner
John Aerni has served as lead counsel for dozens of major insurer and financial
services clients in complex litigation matters, particularly class actions involving
life insurance, annuities, property/casualty insurance, ERISA benefit plans and
other financial products. He has been lead counsel in over 20 trials and argued
numerous appeals.
His representative matters include numerous defenses of class actions in which
New York Office defendants prevailed either on dispositive motions or by defeating class certifica-
+1 212 259 8231 tion. He has also represented the insurance industry in a variety of constitutional
jaerni@dl.com
challenges, including a successful challenge to New York State legislation that
authorized the borrowing of over $100 million from insurance guaranty funds.
He speaks regularly on a variety of topics, including taking and defending
depositions and expert witnesses. He was named a Super Lawyer in Business
Litigation in 2007 and 2008.
8 |
John C. Cleary
Partner
John Cleary is a partner in the firm’s Litigation Department and previously
served as an assistant U.S. attorney in Washington, DC. He joined the firm in
1984, moved to the U.S. Department of Justice in 1987 and then returned to
the firm in 1992. He has extensive experience in trial and motion practice, arbi-
tration and all other aspects of dispute resolution. Mr. Cleary is also a member
of the firm’s Intellectual Property and Insurance/Reinsurance Dispute Resolution
Practice Groups. He is licensed to practice in multiple federal and state courts,
New York Office as well as the U.S. Patent and Trademark Office.
+1 212 259 8273
jcleary@dl.com
Dewey & LeBoeuf LLP | Insurance/Reinsurance Dispute Resolution
G. Richard Dodge Jr.
Partner
Richard Dodge is a partner in the firm’s Litigation Department in the Wash-
ington, DC office. His practice includes civil litigation, internal investigations and
white-collar criminal defense. He regularly advises domestic and international
clients on corporate governance, including complex civil litigations, internal
investigations and related parallel proceedings. Mr. Dodge has represented
domestic and international companies and individuals under investigation by
the U.S. Department of Justice, Securities and Exchange Commission, U.S.
Washington, DC Office Department of Labor, New York Attorney General, Massachusetts Attorney
+1 202 346 8723
General, Texas Attorney General, Florida Attorney General and numerous other
grdodge@dl.com
state attorney generals and state insurance departments, including, among
others, the New York Insurance Department, Illinois Insurance Division, Cali-
fornia Department of Insurance and Ohio Department of Insurance.
Mr. Dodge has successfully litigated complex breach-of-contract actions on
behalf of large property/casualty insurers and reinsurers. He has also success-
fully defended major insurers and financial services clients in market conduct | 9
and consumer fraud class actions, antitrust and RICO class actions, and ERISA
and securities fraud class actions. He regularly advises clients on e-discovery
and data preservation requirements. He also regularly advises clients on insur-
ance regulatory matters.
Lawyer Bios (cont’d)
Ellen M. Dunn
Partner
Ellen Dunn has considerable experience in a range of civil litigation matters,
including policyholder and shareholder class actions, complex contractual
disputes, internal investigations, insurance insolvencies and commercial arbitra-
tions. She also advises companies in connection with regulatory investigations,
governance matters and compliance issues. Ms. Dunn serves as co-head
of the firm’s US Litigation practice and is a member of the firm’s Executive
Committee.
New York Office
+1 212 259 8547
edunn@dl.com
Nicholas Greenwood
Partner
10 |
Nick Greenwood has significant experience in handling disputes work including
both litigation and arbitration. He has extensive experience of LCIA, UNCITRAL
and ICC arbitrations in addition to handling cases in the Commercial Court and
Chancery Division in London. He has handled a number of high value interna-
tional joint venture, construction and energy disputes. More recently, he has
been involved in a number of private equity fund disputes. He is widely experi-
enced in obtaining freezing orders and anti-suit injunctions, including obtaining
London Office ancillary injunctions in offshore jurisdictions. In addition, he regularly manages
+44 20 7459 5008
cross-border disputes in jurisdictions such as Belgium, Switzerland, Canada,
nick.greenwood@dl.com
Italy, Kuwait, Bahrain, Puerto Rico, China, Israel, Ghana, Kazakhstan, Tajikistan,
Kyrgyzstan, Mauritius, British Virgin Islands, Channel Islands, Isle of Man and
Cyprus.
Dewey & LeBoeuf LLP | Insurance/Reinsurance Dispute Resolution
Dean Hansell
Partner
Dean Hansell is an accomplished and successful business, environmental
and energy, insurance/reinsurance and insolvency trial and appellate lawyer.
Dean Hansell’s practice emphasizes class actions, complex business litiga-
tion, government enforcement actions, insurance/reinsurance and insolvency
matters, international litigation and arbitration, and appeals. He is a former civil
prosecutor. He was a Police Commissioner of Los Angeles for four years.
Los Angeles Office With his distinguished court record and as a former civil federal and state
+1 213 621 6031 prosecutor, Mr. Hansell frequently assists clients in connection with fraud litiga-
dhansell@dl.com
tion, investigations, regulatory and enforcement proceedings and administrative
hearings. He is seasoned in alternative dispute resolution and serves on the
Arbitration Committee of the U.S. Council for International Business. Mr. Hansell
frequently serves as national coordinating counsel supervising litigation nation-
wide or as US counsel in international litigation.
| 11
Adam J. Kaiser
Partner
Mr. Kaiser’s practice deals in the preparation and trial of complex commercial
cases, principally in the areas of contracts and business torts, sports and enter-
tainment, class actions, insurance, unfair competition and employment, real
estate, construction, and arbitration. He has litigated cases before federal and
state courts throughout the United States.
Mr. Kaiser has litigated cases involving complex contracts and business torts
New York Office throughout his career. He successfully litigated a case for one of the largest
+1 212 259 7363 heavy machinery companies in Japan involving a $200 million sale of equip-
ajkaiser@dl.com
ment to an Alabama steel company. Mr. Kaiser also won, after 26 days of trial,
a multimillion-dollar verdict in a breach of contract/fiduciary duty action by an
investment banker against his partner. He has been involved in many of the
largest bankruptcies, representing both debtors and creditors. He routinely
represents Fortune 500 companies in major disputes.
Mr. Kaiser has extensive experience in representing insurance companies in class
actions and coverage matters. He was the first lawyer in the country to defeat
class certification in a “modal premium” class action and has defended major
insurance companies in class actions throughout the United States. He also has
experience representing a liquidator of a major insurance company, for whom he
litigated numerous cases, including before the New Jersey Supreme Court.
Lawyer Bios (cont’d)
Alexander M. Kayne
Partner
Mr. Kayne is a partner with the firm’s Litigation Department who practices in
the preparation and trial of complex commercial litigation in federal and state
courts, bankruptcy courts, and before federal regulatory agencies and in
arbitrations. He has represented firms in a variety of industries, including the
insurance, Internet services, banking and energy industries.
Mr. Kayne graduated from Yale University in 1994 and Yale Law School in 1997.
New York Office While attending Yale Law School, Mr. Kayne was an editor of the Yale Law
+1 212 259 6915 Journal.
akayne@dl.com
Mr. Kayne clerked on the United States District Court for the Eastern District of
New York for the Honorable Raymond J. Dearie from 1997 to 1998 and joined
the firm in 1998.
Mr. Kayne also serves on the board of directors of the Water Authority of
12 | Western Nassau County, a public corporation that provides water service to
portions of Nassau County, New York.
Dewey & LeBoeuf LLP | Insurance/Reinsurance Dispute Resolution
John M. Nonna
Partner
Mr. Nonna is chair of the firm’s Insurance/Reinsurance Dispute Resolution
Practice Group and a member of the firm’s International Arbitration and
Cross-Border Dispute Resolution Practice Group.
John Nonna practices in the areas of commercial litigation and arbitration,
including insurance and reinsurance disputes. He has tried and arbitrated cases
involving accountants’ malpractice, fraud, breach of fiduciary duty, breaches
New York Office of warranties and representations, employment discrimination, distributorship
+1 212 259 8311 agreements, stock and asset purchase agreements, mergers and acquisitions
jnonna@dl.com
(M&A), and insurance and reinsurance disputes. He has handled several of the
largest reinsurance arbitrations in the industry and is a Fellow of the American
College of Trial lawyers. He has lectured at numerous conferences on topics
including trial practice, arbitration and mediation, insurance and reinsurance
coverage, commercial torts, and the attorney-client privilege.
Mr. Nonna has been recognized as an industry leader by the Chambers Guide | 13
to America’s Leading Lawyers for Business, International Who’s Who of Insur-
ance & Reinsurance Lawyers and Legal 500.
Mr. Nonna was the mayor of Pleasantville, New York, from 1995 to 2003.
He is currently a member of the Westchester County Board of Legislators
where he chairs the Legislation Committee, and serves on the Housing and
Planning, and Public Safety Committees.
Mr. Nonna was a member of the 1972 and 1980 U.S. Olympic Teams.
Lawyer Bios (cont’d)
Eridania Perez
Partner
Eridania Perez is a partner in the New York office of Dewey & LeBoeuf. Ms.
Perez practices in the areas of commercial litigation and arbitration, including
insurance and reinsurance disputes. She has tried and arbitrated cases
involving a wide range of contract disputes, as well as complex fraud and
misrepresentation claims, breaches of warranties and representations, stock
and asset purchase agreements, and insurance and reinsurance disputes.
In addition, she regularly advises non-US companies regarding defense and
New York Office strategy in potential US litigation and arbitration proceedings on contract and
+1 212 259 8239 agency disputes, among others.
eperez@dl.com
Ms. Perez has been recognized in Legal 500’s US Rankings for the past three
years, and has published and presented on various topics.
14 | Nicholas D. Rochez
Of Counsel
Nicholas Rochez’s practice includes a mix of insurance and reinsurance work,
with in-depth experience with coverage disputes and professional indemnity
and an emphasis on financial risks, particularly D&O cover and top-up cover
for professionals. Mr. Rochez has also handled a wide range of claims from
engineering risks through to environmental issues. Mr. Rochez is an accredited
mediator, having studied with the Harvard Law School team, and has close
associations with ADR Chambers.
London Office
+44 20 7459 5031
nicholas.rochez@dl.com
Dewey & LeBoeuf LLP | Insurance/Reinsurance Dispute Resolution
Larry P. Schiffer
Partner
Larry P. Schiffer practices in the areas of commercial, insurance and rein-
surance litigation, arbitration and mediation. He has handled numerous
reinsurance disputes through hearing and award and advises regularly on insur-
ance and reinsurance contract wording and dispute issues.
He is active in legal and industry associations where he has held various leader-
ship positions. He has lectured and has been widely published on reinsurance
New York Office and other insurance topics. He serves as an Expert Commentator on reinsur-
+1 212 259 8086 ance for IRMI.com (International Risk Management Institute, Inc. Web site) and
larry.schiffer@dl.com
co-authored the chapter on reinsurance in the New York State Bar Associa-
tion’s Insurance Law Practice treatise.
He was President of the National Alumni Association of Albany Law School
from 2005 to 2007 and now serves on the Law School’s board of trustees. He
also serves as a mediator for the Mandatory Commercial Mediation Program
of the U.S. District Court for the Southern District of New York and for the New | 15
York Supreme Court Commercial Division’s Alternative Dispute Resolution
Program.
Peter Sharp
Partner
Peter Sharp heads our English-law restructuring and insolvency practice. He
has a broadly based litigation practice, principally involving insolvency and
financial institution litigation. He is also involved in restructuring work and in
commercial litigation where his particular areas of interest include the aviation
industry and major engineering issues. Mr. Sharp is managing partner of the
London office and chair of the London Policy Committee. He is also a member
of the firm’s global Executive Committee and global Litigation Policy Committee.
London Office
+44 20 7459 5007
peter.sharp@dl.com
Worldwide Offices
New York Beijing Frankfurt Moscow N
1301 Avenue of the Beijing Kerry Center Skyper Nikitsky Pereulok 5 1
Americas South Tower Taunusanlage 1 125009 Moscow A
New York, NY 10019-6092 Suite 1429 60329 Frankfurt tel +7 495 737 5000 N
tel +1 212 259 8000 No. 1 Guanghua Road tel +49 69 3639 30 fax +7 495 737 5050 t
fax +1 212 259 6333 Beijing 100020 fax +49 69 3639 3333 f
tel +86 10 6583 9500 Paris
125 West 55th Street fax +86 10 6583 9600 Hong Kong multinational partnership 1
New York, NY 10019-5389 Citibank Plaza 51, rue Pierre Charron N
tel +1 212 424 8000 Boston 2008, ICBC Tower 75008 Paris t
fax +1 212 424 8500 260 Franklin Street No. 3 Garden Road tel +33 1 53 93 77 00 f
Boston, MA 02110-3173 Central, Hong Kong fax +33 1 42 56 08 06
London tel +1 617 748 6800 tel +852 3697 7000 L
multinational partnership fax +1 617 439 0341 fax +852 3697 7099 Riyadh m
No. 1 Minster Court Khalid A. Al-Thebity Law Firm N
affiliated office
Mincing Lane Brussels Houston M
King Fahad Road
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Sky Towers - 8th Floor
tel +44 20 7459 5000 Rue du Luxemburgstraat 1000 Main Street t
P.O. Box 300807
fax +44 20 7459 5099 14A Suite 2550 f
Riyadh 11372
B-1000 Brussels Houston, TX 77002 tel +966 1 416 9990
Washington, DC tel +32 2 227 0900 tel +1 713 287 2000 W
fax +966 1 416 9980
1101 New York Avenue, NW fax +32 2 227 0909 fax +1 713 287 2100 1
Washington, DC W
Rome
20005-4213 Chicago Johannesburg 2
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tel +1 202 346 8000 Two Prudential Plaza 11th floor, The Forum t
Rossi, 30
fax +1 202 346 8102 180 North Stetson Avenue Building f
00161 Rome
Suite 3700 2 Maude Street tel +39 06 4520 6220
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fax +39 06 4520 6230
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Suite 400
tel +971 2 414 6744 Qatar Financial Centre t
San Francisco, CA
fax +971 2 414 6600 Branch Los Angeles f
94111-3619
Al Fardan Office Tower 333 South Grand Avenue tel +1 415 951 1100
Albany 8th Floor Suite 2600 A
fax +1 415 951 1180
99 Washington Avenue 61 Al Funduq Street Los Angeles, CA 9
Suite 2020 P.O. Box 31316 90071-1530 S
Silicon Valley
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Suite 500
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East Palo Alto, CA
Madrid 94303-2225
Almaty Dubai Calle de Velázquez, 57 A
tel +1 650 845 7000
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fax +1 650 845 7333
5th Floor Precinct Building 2 tel +34 91 781 55 00 5
Prospekt Dostyk, 38 Dubai International Financial fax +34 91 577 90 48 P
Warsaw
Almaty 050010 Centre A
Stock Exchange Building
tel +7 727 250 7575 P.O. Box 506675 Milan t
˛ ˙e
ul. Ksiaz ˛ ca 4
fax +7 727 250 7576 Dubai Via F.lli Gabba 4 00-498 Warsaw f
tel +971 4 425 6300 20121 Milan tel +48 22 690 6100
tel +39 02 3030 9330 B
fax +971 4 425 6301 fax +48 22 690 6222
fax +39 02 3030 9340 2
07-20-2010
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Dewey & LeBoeuf LLP | Insurance/Reinsurance Dispute Resolution dl.com
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