Meet the trans-atlantic insurance and reinsurance dispute resolution and claims settlement team

Transcription

1 TM Meet the trans-atlantic insurance and reinsurance dispute resolution and claims settlement team

2 Why JAMS International? Swift and cost-effective resolution of insurance sector disputes Global insurance markets have evolved significantly in recent decades. Successive waves of consolidation, combined with an on-going decline in run-off claims, have substantially altered how market players engage with each other in disputes. The need not only to preserve, but to nurture commercial relationships, is a higher priority now than at any point previously. The demand, therefore, for less public, more consensual alternatives to the often destructive effects of litigation has risen commensurately. Effective use of such alternatives, however, in large part rests on the experience, credibility and skill of the third parties appointed to mediate, conciliate, arbitrate, or adjudicate as required. Mindful of the risks of taking an alternative approach to disputes, JAMS International has launched a trans-atlantic team of insurance neutrals to whom the markets may turn with confidence. Our team of insurance arbitrators and mediators have built careers and reputations litigating and resolving insurance cases. They combine decades of experience with a broad commercial understanding of the sector, and the legal and factual knowledge to resolve disputes under the law of numerous jurisdictions. Our people are experts in ADR, supported by sophisticated case management systems accessible in Europe and the United States. Welcome to JAMS International/insurance

3 Find out more JAMS panellists are appointed on disputes in all classes, and enjoy a track record of resolving matters of significance to the market. Sectors include: Insurance and reinsurance Aviation Bermuda Form Casualty & healthcare Corporate insurance Energy and engineering Financial lines / D&O Marine Political and trade credit risk Professional liability Property and liability Regulatory Reinsurance Speciality and surety You can find out more at

4 Peter Rogan With an international reputation and experience in all classes of dispute, Peter has been a popular and respected figure in the London Market for several decades Peter s unique combination of gravitas, market knowledge, leadership experience and a personable style, make Peter a refined and dependable mediator and arbitrator. Find out more at

5 Gavin Kealey, QC With an extensive record acting in major insurance cases as counsel, as arbitrator, and as a deputy high court judge of the commercial court, Gavin Kealey is a heavyweight with few rivals A formidable yet courteous arbitrator with a growing profile worldwide. His meticulous preparation and mastery of complex factual and legal argument, combined with sector knowledge make Gavin a first-choice arbitrator. Find out more at

6 William (Bill) Wood, QC A formidable intellect with a disarming sense of humour, Bill Wood s background in insurance and aviation has generated a huge client following One of the UK s most sought after mediators with a growing international profile. Bill s measured approach and rapport with clients quickly generates an atmosphere for constructive dialogue. Find out more at

7 Hon. Daniel Weinstein (Ret.) One of the world s pre-eminent mediators of complex commercial cases, handling claims with an aggregate value of billions of dollars annually since 1997 Judge Weinstein enjoys a global reputation. His mastery of the factual background and ability to quickly generate rapport has proved a successful and sought-after combination. Find out more at

8 Edwin Glasgow, QC Domestic and international arbitrator and mediator a top flight QC for more than a generation, few rival Glasgow s experience Authoritative, experienced and meticulously prepared, Edwin absorbs facts effortlessly and engages parties at all levels, leading and guiding to deliver results. Find out more at

9 Lawrence (Larry) Pollack With decades of experience in major disputes in London and New York, Larry combines the gravitas of a heavyweight lawyer with refined judgement and sensitivity to commercial nuances Thoughtful, insightful and popular. Larry is a natural mediator, whose command of the facts, and intuitive understanding of negotiation sets him apart. Find out more at

10 Hon. William Cahill (Ret.) A seasoned mediator and arbitrator of disputes comprising; carrier contribution, subrogation, inter-carrier, coverage and policy interpretation cases, D&O liability, and other insurance disputes Judge Cahill is known for his quick grasp of facts and creative settlement ideas that facilitate closure. Persistence and his sense of humour make him popular in insurance disputes. Find out more at

11 Charles Gordon Popular, tactically and commercially astute, Charles is a well regarded figure in the London market, with extensive international experience Charles is a sought-after mediator and arbitrator whose commercial pedigree, meticulous preparation, sense of humour and probing style make him an effective and popular choice. Find out more at

12 IT insurance coverage case study A Netherlands subsidiary of a leading digital storage company was suing its insurance company over a multi-million dollar coverage claim. This was a Fidelity bond case relating to an alleged employee embezzlement. The insurer disputed the claim on the grounds that the insured s internal controls were woefully inadequate. The outcome was a settlement with the insured receiving a significant payment and both sides being able to close the file without further time or costs incurred.

13 Aviation consequential loss case study A multi-national commercial aircraft fleet owner faced an insurance dispute related to property damage to aircraft. Their insurance claim was rejected by the insurer who felt the alleged loss was not covered by the policy. The case continued for five years and was about to go to court. A JAMS mediator was assigned to familiarise themselves with the dispute and respective positions in order to try to achieve a settlement. The outcome was a settlement and the ending of litigation without court-associated fees and unhelpful publicity. The company was persuaded that their claim was not entirely covered and the insurer was presented with an opportunity to close the file with a working client relationship left intact.

14 Environmental contamination case study The case involved claims for reinsurance coverage from an insurer that had paid a substantial amount to settle underlying environmental claims. A JAMS mediator was appointed in the course of a pending arbitration to review claims of privilege relating to a legal review that the reinsured company had conducted as it was making the determination to settle the underlying claims. Thousands of pages of materials were reviewed independently of the appointed arbitrator to produce a JAMS procedural ruling. The outcome was a settlement matching the manner framed by the JAMS neutral. Both insurer and reinsurer were satisfied that the process, claim and decision-making process was entirely appropriate and both were able to close their case files.

15 Petrochemical case study An international oil company faced Methyl tertiary butyl ether (MTBE) related cleanup litigation following a number of successful actions brought against other US oil and chemical producers. Facing multiple claims based on negligence, conspiracy, property damage and product liability, the company looked to its insurers for coverage. The insurers declined the claim using fairly standard coverage defences (the expected or intended, no occurrence and various forms of pollution exclusions). The case went to mediation resulting in a significant perceptions gap between the company and its insurer. A JAMS mediator was asked to listen and provide a tentative ruling. The outcome was a settlement as a result of the preparatory work done by the JAMS mediator and the bringing together of both parties who observed the commercial realities of their respective positions. The company had part of their claim paid. The insurer retained the client and limited their liability and avoided court.

16 Media copyright case study A professional liability and media liability coverage dispute arose involving a French advertising communications agency with operations worldwide, and their US-based insurance carrier. The insured faced a multi-million dollar negligence claim brought by third parties who were suing for copyright infringement in connection with alleged improper use of copyrighted music in daytime television shows produced by the insured. The insured faced multiple claims from music companies and attempted to claim on its professional liability and media liability insurance policy. The outcome was settlement, with the added bonus that the next year s insurance premium was negotiated and agreed at the same time.

17 Leading domestic and international insurance capability Mediators JAMS International s mediators not only understand the language of the insurance markets, but also the wider commercial impact of disputes. Our mediators have decades of experience in and around the markets, and are noted for being astute, sensitive and well prepared. Arbitrators JAMS International s arbitrators have a proven track record in insurance and reinsurance. As full-time, independent neutrals, conflicts of interest are drastically reduced. Our arbitrators are party-appointed on both sides of disputes, and chair when required. Most major institutions including AAA, ICC, LCIA, DIAC, SIAC, CIETAC, and HKIAC regularly appoint our arbitrators. In particular, with deep expertise in New York and London, JAMS International offers an efficient means of empanelling a tribunal for Bermuda Form Arbitrations. With experienced independent panellists and case managers on both sides of the Atlantic, JAMS International is uniquely placed to manage arbitral proceedings according to New York substantive law and English procedural law.

18 About us JAMS International is part of JAMS, the world s largest dispute resolution specialist with over 300 independent panellists handling 12,000 cases each year. We specialise in complex, multi-party, business / commercial cases where the choice of neutral is crucial in achieving a satisfactory outcome.

19 Key contacts To enquire about a case or neutral Matthew Rushton mrushton@jamsinternational.com Steve Clarke sclarke@jamsinternational.com JAMS International 70 Fleet Street London EC4Y 1EU Tel: Experts in Mediation & Arbitration Worldwide TM