Biography
Dan chairs the firm’s Insurance Solutions Practice Group, as well as chair of its Professional Liability Practice Group. He is co-chair of the firm’s Corporate and Commercial Practice Group. He has 20-plus year’s accumulated knowledge handling “bet the company” insurance difficulties, complex commercial matters and high-exposure loss. CBS’s 60 Minutes undertook two exposés on separate matters Dan directed. His experience ranges from litigating billion-dollar insurance and reinsurance disputes; breaking down misunderstood wording and policy issues; resolving regulatory quagmires; and providing proactive guidance to clients. Dan oversaw a team that resolved over 1,500 Superstorm Sandy claims — acting as national coordinating counsel for several insurers. He has an immense understanding of all facets of international insurance markets from London to Bermuda. During the Greek financial crisis, he coordinated with the Greek government on insurance solutions. In this regard, Dan brings unique cross-border transactional and regulatory expertise in portfolio transfers and insurance structural arrangements. He is a Registered Foreign Lawyer in England and Wales. In conjunction with being a US ARIAS certified arbitrator, Dan acts as an arbitrator, umpire and mediator of insurance and reinsurance disputes. He also offers expert testimony in complex insurance and extra-contractual matters. He has assisted in the passage of insurance legislation – having advised the key parties supporting Vermont’s Insurance Legacy Management Act. Dan has over 2,500 followers on his daily insurance-related Twitter feed @GerberCianoLLP. He prides himself on proactive and economical conduct of client matters. He achieves this through highly coordinated workflow, quality control, strategy planning, and candid communication. Dan believes that successful conclusions require visualizing the “end game” at the onset, and anticipating key variables to reach desired results.
While his practice primarily focuses on insurance solutions, Dan’s extensive experience includes successfully litigating matters that include: catastrophic loss; professional liability; intellectual property; construction defect; transportation; product liability; and, commercial disputes. Dan also maintains a distinct practice counseling clients on social media and disruptive technology exposures. In this vein, he develops claims/underwriting guidelines and provides in-house training on social media issues for several clients in the insurance sphere. Additionally, Dan has unique experience in crisis response and management. He has advised clients through high-profile legal crises and challenges. Today’s 24-hour news cycle and social media require a rapid, coordinated response during a crisis. Legal risks are often inextricably intertwined with reputational exposures. Dan’s experience with these issues assist clients in shielding their reputation while aligning with the desired legal outcome.
Dan’s comprehensive experience in the insurance arena extends to life, health and disability (ERISA and non-ERISA) issues. He previously chaired the Defense Research Institute (DRI) Life Health and Disability Committee. He has spoken and authored extensively on these subjects. His regulatory experience is extensive. He has guided clients through various regulatory issues surrounding portfolio transfers and insurer mergers and acquisitions. This includes various levels of due diligence, risk strategy, structural advice, approvals and filings.
Dan was named the Insurance and Reinsurance Lawyer of the Year (United States) by Lawyer’s Monthly Magazine. He is consistently listed as one of the top insurance and reinsurance lawyers in the world by the prestigious Who’s Who Legal (Insurance and Reinsurance). He possesses an AV rating from Martindale Hubbell; a Super Lawyer designation from Law & Politics Magazine; and, has been named by his peers to Best Lawyers in America for Insurance Law. He currently serves as a National Director for the Defense Research Institute (DRI), and is also a Board Member for the Defense Association of New York (DANY). Dan is an author for multiple chapters of Appleman on Insurance (Third Edition) and New Appleman’s Insurance Law Practice Guide, as well as being an editor of the Reinsurance Professional’s Deskbook.
Dan previously served two years as chair of the Insurance and Reinsurance Committee of the International Association of Defense Counsel (IADC). He is also the past Chair of the 3,000 member Torts, Insurance and Compensation Law (TICL) Section of the New York State Bar Association (NYSBA), and also served two non-consecutive terms in the NYSBA House of Delegates.
Dan is admitted to the United States Supreme Court, as well as all federal and state courts in New York and Pennsylvania. He is admitted to the First and Second Circuit United States Court of Appeals. He has received numerous awards and honors for his professional and community service.
Dan ran his prior firm’s Global Insurance Services Practice Group for over 10 years. In this role, he handled significant aspects of management. He also navigated and addressed all issues of establishing a completely “new” law firm in a foreign country.
Dan grew up in Eden, New York outside of Buffalo. Every year, the Eden Corn Festival acts as a High School reunion for him. He is a long-suffering Buffalo Bills fan. He enjoys international travel as much as he enjoys “binge-watching” the latest and greatest series on Netflix or Amazon Prime from his living room recliner. Dan’s passion for history is only exceeded by his passion for his family. He began his career as a plaintiff’s personal injury and policyholder lawyer. He tried many of these cases to verdict and gained valuable perspective that allows him to view both sides of any matter. Dan is an annual pass holder to Walt Disney World. He enjoys going there as much as possible and considers it his ‘happy place’.
Education
Bonaventure University, B.A., Magna Cum Laude, 1992
State University of New York at Buffalo, School of Law, J.D., 1995
Tax Program Certification
Governmental Law Certification
Honors
AV Preeminent Martindale-Hubbell Peer Review Rating
Listed in Best Lawyers In America, Insurance Law
USA Insurance and Reinsurance Lawyer of the Year, Lawyer Monthly, 2014
Top Rated Lawyer in Litigation, American Lawyer Media and Martindale-Hubbell, 2013, 2014, 2015, 2016, 2017
The International Who’s Who of Insurance & Reinsurance Lawyers 2012-2017
USLAW Network O’Hagan Award (Contributing Lawyer of the Year), 2012
ARIAS-U.S.-Certified Arbitrator
LexisNexis Insurance Law Center Advisory Board, 2010-2014
DRI’s Albert H. Parnell Outstanding Program Chair Award, 2010
Super Lawyers, Corporate Counsel Edition, 2010, 2011
Upstate New York Super Lawyers, 2007-2024
New York Metro Super Lawyers, 2015-2024
Business First’s Who’s Who in Law, (Insurance)
Expert Guides: Insurance and Reinsurance listing
40 Under Forty Award, Business First, August 2005
Citizen of the Week Award, The Citizen, January 28, 2005
Chairperson of the Year Award, New York State Bar Association Torts, Insurance and Compensation Law Section, for work as Chair of the Insurance Coverage Committee
Sheldon Hurwitz Outstanding Young Lawyer Award, New York State Bar Association Torts, Insurance and Compensation Law Section
Admitted as member to Association of Life Insurance Counsel, 2005-present
Award for Outstanding Competence in the Arts and Science of National Defense, Reserve Officers Association of the United States
ROTC Scholarship recipient
Languages
French (Reading Comprehension)
Professional Leadership
Defense Research Institute
National Director, Board of Directors
Chair of Membership Committee
Board Liaison, Intellectual Property Committee
Life, Health and Disability Litigation Committee: Past Committee Chair Past Program Chair
DRI International, Steering Committee
DRI Insurance Law Committee, Past Steering Committee
Past Chair, DRI Social Media Task Force
Past Chair, DRI Counsel Meeting Task Force
Member, Law in Transition Task Force
Past Chair, DRI Insurance Round Table
Two Terms — Annual Meeting Steering Committee
Counsel Meeting Chair
Committee Programming
Presenter, Multiple DRI Annual Meetings and Seminars
International Association of Defense Counsel
Past Chair, Insurance and Reinsurance Committee Chair
Presenter at Multiple Annual and Mid-Year Meetings
Past Chair, Membership, New York
Board of Editors, IADC Defense Counsel Journal
Defense Association of New York
Board of Directors
Association of Life Insurance Counsel
Active Member
New York State Bar Association
Past Section Chair, Torts Insurance and Compensation Law Section
Past Chair Insurance Coverage Committee
Current Member Executive Committee, Torts Insurance and Compensation Law Section
Past Chair, Nominating Committee, Torts Insurance and Compensation Law Section
Steering Committee, 8th Judicial District
Former Representative, House of Delegates
Presenter, Multiple Seminars and Annual Meetings
National Foundation for Judicial Excellence
Active Member
ARIAS U.S.
Certified Arbitrator
International Association of Claim Professionals
Frequently invited guest and active supporter
International Claims Association
Past Life Insurance Committee Steering Committee Member
American Bar Association
Active Member, Torts Insurance Practice Committee
Representative Matters
The People of the State of New York, by Eric T. Schneiderman, Attorney General of the State of New York, v. The Trump Entrepreneur Initiative LLC, et al.
New York State Attorney General Eric Schneiderman sued businessman and current President Donald J. Trump, for $40 million. The suit alleged deceptive acts and false advertising in connection with the operation of Trump University (later known as Trump Entrepreneurship Institute). The suit alleged that students were fraudulently induced to enroll in real estate investing seminars. Dan advised the insurer that provided extensive coverage for multiple Trump entities. Dan assessed all coverage afforded to its insured, namely the various Trump organizations.
Superstorm Sandy MTA Claims
When Hurricane Sandy — a.k.a. “Superstorm Sandy” — made landfall in New York City, it brought record storm surges that flooded the New York Metropolitan Transportation Authority (MTA) subway tunnels extensively, causing catastrophic damage. Dan handled complex reinsurance issues related to these claims.
Reported in New York Daily News, “Local MTA Could Be Stuck With $1 Billion Tab For Hurricane Sandy-Related Damage and Losses,” November 28, 2012.
Halloran v. Harleysville
Dan represented an insurer in litigation in Connecticut regarding coverage for earth movement and structural damage to homes across the State. This litigation is highly publicized.
USF&G v Travelers
Dan wrote an amicus brief in this matter which was adopted in part by New York’s highest court in its reasoning. The New York Court of Appeals found issues of fact regarding whether a cedent altered claims in a $1 billion asbestos litigation settlement to maximize its recovery.
Tennessee Valley Authority Coal Ash Release
Dan lead the Bermuda insurance first-party tower’s investigation into into one of the most significant man-made disasters in the past several decades. The loss was covered by 60 Minutes and several media outlets.
The Forgotten Hostages
In a matter sensitive to the United States government and its contractors, Dan worked to resolve insurance benefit issues surrounding the kidnapping of three contractors in the jungles of Columbia. This matter was covered by 60 Minutes and several media outlets.
Cedent v. Reinsurer
Dan was recently victorious in an arbitration dispute involving an attempt by a cedent to impose an indemnity obligation on its reinsurer that exceeded the reinsurance contract’s absolute limit of liability. Dan represented a reinsurer in the arbitration proceedings, which saw the petitioner assert that the reinsurer owed it an indemnity obligation in excess of the treaty liability limit of liability. The reinsurer previously paid its full limit, and the cedent conceded that this was indeed the case. The cedent, however, billed the reinsurer for a share of prejudgment interest in excess of the treaty’s liability limit. Dan successfully argued that the language of the contract was susceptible to only one reasonable interpretation. The limit of liability was a single “all-inclusive limit.” A three-person arbitration panel agreed, denying the request for an award.
Rekemeyer v. State Farm
Dan argued a seminal case on late notice and the requirement of prejudice to New York’s highest court. The case pre-dates more recent changes by the New York Legislature requiring a prejudice for certain late notice disclaimers. This case, and a few select others, contributed to these legislative changes.
Vermont Legacy Insurance Management Act (LIMA)
Dan coordinated a team assisting the Vermont’s insurance regulator, Legislature and Governor in adopting an Act that sought to achieve a finality solution for transfer of legacy insurance portfolios. Dan’s team assisted in legislation drafting and detailed discussions regarding implementation.
State Farm Life and Assurance Company, Inc. v. Epps, Smith
Dan saved a life insurer from having to pay an insurance policy twice in a complex federal case involving a homicide and competing claims for a life insurance policy. The claim itself was highly publicized.
Regulatory Approval
Dan recently guided a foreign entity through the regulatory approval process and Form A filings required to successfully acquire several insurance portfolios and a domestic insurer. This enabled the entity to establish its US presence and begin writing US based insurance.
Expert Retention
Dan provided expert opinion and testimony on complex insurance issues arising from a construction loss in Pennsylvania. Dan opined on New York law as it pertains to the duties of good faith in settlement that exist between insurers.
Energy & Utilities
One of the largest companies in the world faced the disintegration of one of its longest-standing and most important business relationships because of an indemnification dispute that had put the companies’ top executives at war. With tension rising and no favorable resolution in sight, the company called on Dan because it needed highly sophisticated counsel to de-escalate the volatile situation and find a solution that would both end the immediate dispute and preserve the multimillion-dollar relationship for years to come. For the client, the magnitude of the claim and the importance of its relationships made this a bet-the-company case.
Lugosch v, Congel
Pyramid is one of the largest mall development companies in the Northeast. The plaintiff’s represented by noted lawyer, David Boies, alleged that for a number of years, Bob Congel, the President of Pyramid Companies, operated partnerships as if he was sole owners. The plaintiffs also sued Pyramid’s accountants alleging that the shifting of funds was not authorized in their agreements and was done in a manner to defraud the partners.
The partners alleged that Congel, with the aid of a close-knit circle of insiders, engaged in a pattern of misappropriation of money, self-dealing and mismanagement in violation of the federal Racketeer Influenced and Corruption Act. In a case involving millions of documents, Dan successfully represented the accountants and eventually secured summary judgment in their favor.
World Trade Center Deutsche Bank Fire
The terrorist attacks of 9/11 caused extensive damage to several surrounding buildings. A fire occurred at the adjoining Deutsche Bank Building during reconstruction. Several firefighters were injured and two died. The loss received extensive media coverage due to criminal allegations surrounding the cause of loss. Several contractors were pursued in several different lawsuits. Subsequently, extensive insurance litigation commenced. The parties brought in noted mediator Ken Feinberg. Dan represented several insurers in the matters and worked with Mr. Fienberg to achieve a successful resolution for these clients. The matter has had a book published surrounding the underlying facts entitled “The Fix is In: The Deutsche Bank Fire Conspiracy” by J.A. Graffagnino.
91st Street Claim Collapse
After enduring several long years of thorny litigation involving a 2008 crane collapse on 91st Street in New York City, a global insurer approached Dan for a separate and unique analysis of the matter. Company executives turned to him, based on the trust earned from a solid track record of success with the company, and concern over prior handling of this vastly complex, $100 million-plus dispute. The matter involved several insurers and specifically concerned which insurers were obligated to provide a defense to the general contractor arising out of the crane collapse.
International Group v United Aviation Underwriters
In a case where an aircraft was seized by authorities in the country of Benin, for alleged gold dust smuggling, Dan dealt with motions and pressure-filled litigations brought by the insured to declare the plane a loss. The matter involved claims that Nelson Mandela’s grandson wrote to the President of Benin to protest the plane’s release. The plane was highly mortgaged and therefore the insured had interest in a declaration of a loss over recovery. In the meantime, Dan coordinated with several resources to secure an order in Benin and worked with the insurer to retain a flight crew to secure the return of the plane.
Illinois State Trooper Killed by Tractor Trailer
Dan’s representation is often sought when there are major trucking losses with multiple insurers. He parachuted into this complex matter in Illinois to manage the primary and excess insurance issues. The matter had significant media exposure. With Dan’s involvement and coordination with defense counsel, the matter resolved within a week of his becoming involved.
KJDE v Hartford Insurance, Appellate Division
In a complicated business interruption insurance claim, the lower court ruled that the insurer owed coverage for losses stemming from the overflow of a creek causing several million dollars damage. The lower court determined that a flood exclusion did not apply to waters flowing over land from the creek caused to rise by excessive rain. The lower court found that this did not constitute “surface water.” The case proceeded to trial on damages while the appeal on the applicability of the flood exclusion was pending. Dan led a trial team that leveraged several motions in limine to preclude much of the policyholder’s alleged damages. In the meantime, other evidence illustrated that the policyholder’s damages did not rise to the level alleged. During trial, plaintiff agreed to a settlement, but the settlement was contingent upon prevailing at the appellate court with respect to the flood exclusion. Dan succeeded in achieving a reversal of the lower court, and a zero payout on the matter, when the Appellate Division determined the flood exclusion applicable and unambiguous.
Baker v. Broadspire National Services
In a lengthy opinion, the federal district court consider the standard of review and a comprehensive record. The court adopted Dan’s reasoning that an insurer had appropriately denied disability benefits under an ERISA plan.
Higgins v Village of Orchard Park
Dan established appellate legal precedent in New York in a dispute over property nuisance. The court held that “[a] municipality may not collect surface water from its lands and streets into an artificial channel, and discharge it upon the lands of another.”
Birdsong Estates Homeowners Association v. DPS Southwestern
Dan succeeded in obtaining a full reversal of the lower court in favor of a homeowner’s association. The appellate court concluded that the governing documents were ambiguous and did not give the developer complete control over approval of new construction in the development.
In Re M/Y Group Therapy
Dan successfully represented an insurer in an exoneration action under maritime law. At issue was the scope of coverage and limits of liability.
Green v. Clark- Reliance Corp., 200 A.D.2d 1155
Dan represented the manufacturer of a sight glass that became pressurized and sprayed acid all over the plaintiff’s body and causing blindness. The suit involved complex issues of product design, implementation and potential misuse. Dan worked with counsel for all parties, including the plaintiff to bring the matter to a mediated resolution.
Fulton Boiler Works v. A.M Motorists Insurance, United District Court, Northern District of New York
In a case covered by Law360, Dan represented an insurer in a complex asbestos coverage case involving contribution among insurers, uninsured policy years, trigger of coverage and allocation of coverage. The court held that the insured could be charged for its pro rata share of defense for years between 1949 and 1976. Also, that a co-insurer could not deny two years of additional coverage despite the fact that the actual policy could not be located.
Village of Springville v. Argonaut Insurance Company
In a case where a municipality made conscious decision to demolish a structure owned by a private citizen, Dan successfully argued that there was no occurrence as defined by the policy. This resulted in a full reversal of the lower court including its award of attorney’s fees and costs.
Town of Newfane v General Star Insurance Company, et al.
In a matter of first impression in New York, the appellate court addressed for purposes of invoking insurance coverage in an underlying action, whether the public entity insured’s alleged underlying act of malicious prosecution is deemed to have occurred on the date on which the criminal prosecution was instituted, or on the date on which it was terminated in favor of the accused. The court adopted Dan’s reasoning and concluded that the tort was committed when the criminal prosecution is instituted. Thus, there is no coverage for a claim of malicious prosecution under an insurance policy issued after the prosecution was instituted but in effect when the prosecution was terminated.
AIG v. Bobak
In a complex matter spanning New York and Pennsylvania courts, Dan first convinced the New York courts that an uninsured motorist hearing should have stayed pending arbitration in Pennsylvania. He then secured a result that ensured zero exposure of a $1 million policy.
Continental Connection (Colgan) Flight 3407
Dan assessed coverage and insurance related to claims arising from the February 12, 2009 crash of Continental Connection Flight 3407 in Clarence Center, New York.
Community
Past Chair, Southtowns YMCA Board of Management
Past Director, Board of Advisors, H.E.L.P. Buffalo, Inc.
Past-President, Birdsong Homeowner’s Association
Former Member, Town of Orchard Park, Supervisor’s Group on Counsel Fees
Volunteer, Bennett High School Law Magnet Program Mentor
Volunteer, Volunteer Lawyers Project
Captain (Retired), United States Army Reserves, Military Police (Airborne Qualified)
Presentations
Presenter, “Meeting Member Needs Through Social Media,” DRI Annual Meeting SLDO Conclave, Chicago, IL, 2017
Presenter, “Litigation Funding and Insurance Coverage,” DRI Insurance Coverage and Practice Symposium, December 2017
Presenter, “Social Media Investigation and Discovery,” North Carolina Defense Lawyers Association, Annual Meeting, Hilton Head, SC, June 2017
Presenter, “Impact of Disruptive Technology on Insurance Coverage,” DRI Insurance Law Seminar, Hartford, CT, September 2016
Panelist, “The Top Three Things Insurers Need From Counsel and Why They Need It,” DRI’s Insurance Roundtable, Chicago, July 14, 2016
Moderator, “Impact of Culture,” DRI’s Insurance Roundtable, Chicago, July 14, 2016
Presenter, “The Towering Infernos — Lloyd’s Markets, Syndicates and Coverage Towers Explained,” International Association of Defense Counsel’s Annual Meeting, Southampton, Bermuda, July 12, 2016
Panelist, “Cost Regimes in Litigation,” DRI’s Dispute Resolution International Seminar are Litigation Funding, Vienna, Austria, June 2, 2016
Presenter, “Alternative Solutions and Risks to Litigation Liabilities — Portfolio Transfers, Reinsurance, and Litigation Buyout Insurance,” Inaugural Reps and Warranties Transactional Liability Insurance ExecuSummit, Mohegan Sun, CT, May 3, 2016
Presenter, “Insurance Coverage in the Sharing Economy,” NYSBA Torts, Insurance, and Compensation Law Section and Trial Lawyers Section Annual Meeting, New York, January 28, 2016
Co-Presenter, Swiss Run-Off Forum, “U.S. Regulation of Finality Solutions in Portfolio Transfers – Vermont Legacy Insurance Management Act and Rhode Island Reg 68,” Zurich, Switzerland, May 2015
Presenter, “International Impact of Fracking and Insurance,” IADC Annual Meeting, Vienna, Austria July 2014
Presenter, “Solvency and Run-Off Issues,” Meeting of Reinsurance Officials (MORO), Miami, FL, June 9-11, 2014
Moderator, Insurance Insider Roundtable, Reinsurance Redez-Vous De Septembre, Insurance Insider, Monte Carlo, Monoco, September 2013
Presenter, Insurance Roundtable, DRI, June 2013
Presenter, “A Global Perspective on Today’s Insurance Challenges: Capitalization, Solvency Issues and Available Restructuring Tools,” KPMG Academy, Nicosia, Cyprus, February 2013
Presenter, “A Global Perspective on Today’s Insurance Challenges: Solvency, Capitalization, and Available Restructuring and Exit Tools,” Association of Hellenic Insurers, Athens, Greece, December 13, 2012
Co-Presenter, “Dealing with a Department of Insurance,” International Claims Association Annual Conference, Orlando, Fla., September 2012
Presenter, Insurance Roundtable, June 2012
Interviewed in the “Reinsurance Rendez-Vous Round-Up” World Risk and Insurance TV http://wrin.tv/index.php/component/k2/item/74-wrintv-global-roundupheadlines-from-the-world-of-insurance
Panelist, “Inside FAC Roundtable,” Reinsurance Rendez-Vous de Septembre, Monte Carlo, Monaco September 2011
Webinar Presenter, “Social Media Branding, To Tweet or Not to Tweet,” International Claims Association, September 2011
Presenter, “Understanding Social Media and Claims Defense,” Pennsylvania Defense Lawyers Institute, July 21, 2011
Chair, DRI Insurance RoundTable, Washington, D.C., June 2011
Presenter, “Ethics and the Tri-Partite Relationship,” IADC Mid-Year Meeting, February 2011
Presenter, “Expanding Your Practice Through Social Media: Understanding the Professional Benefits and Ethical Boundaries of Social Media,” DRI Law Firm Profitability Seminar, November 19, 2010
Presenter, “Social Media in Claims Investigation 101,” International Claims Association, Austin, TX, October 2010
Presenter, “Understanding Social Media in Litigation,” New York State Bar Association, Torts Insurance & Compensation Law Section, Annual Meeting, October 2010
Presenter, “Is BP a Market Changer?” USLAW Radio, August 31, 2010 http://uslaw.audionewsletter.com/083110/
Presenter, “Insurance Coverage Issues Related to Oil Spills,” DRI Oil Spill Conference, August 2010, Houston, TX
Presenter, Insurance Roundtable, DRI, June 2010
Presenter, “Understanding Social Media and Claims Defense,” Rhode Island Defense Lawyers Association, Providence, Rhode Island 2010
Presenter, “Emerging Issues with Insurer Recoupment or Reimbursement From Policyholders”, DRI Insurance Coverage Symposium, December 2009
Moderator, Life Beneficiary Roundtable, International Claims Association Annual Meeting, Marco Island, FL, November 2009
Presenter, “What We All Need To Know About Risk Shifting In This Economy – It Is All About Risk Management,” DRI Annual Meeting, Chicago, October 2009
Presenter, “Effect of Sub-Prime Meltdown on Insurance Industry,” May 2009, Lexis Insurance Law Center/Mealey’s Radio
Panelist, “Prophylactic Measures to Reduce/Shift the Cost of Recalls,” USLAW Network Spring Conference, Charleston, SC, March 2009
Presenter, “Understanding Social Media and Claims Defense,” North Dakota Defense Lawyers Association, Fargo, North Dakota, 2009
Presenter, “Coverage Issues Related to Sub-Prime,” DRI Annual Meeting, New Orleans, 2008
Presenter, “Current Trends and Issues Impacting the Reinsurance Industry,” Hawksmere International Reinsurance Congress, Hamilton, Bermuda, October 2008
Presenter, “Emerging Issues in Reinsurance: Pandemic, Global Warming, and Other ‘Hot’ Topics,” Practicing Law Institute Reinsurance Law Program, September 2008
Presenter, “Calculating Claims Interest in Life Insurance Disputes,” International Claims Association Annual Meeting, Palm Desert, CA, October 2008
Presenter, “Avoiding Undue Exposure on Arbitration Clauses,” Blueprint for Successful U.S. Claim Resolution Seminar, Bermuda, August 2008
Presenter, “Lightening in a Bottle: Cutting Edge Litigation Issues,” DRI Life, Health and Disability Conference, San Francisco, April 2008
Presenter, “Reinsurance Arbitration Skills,” IADC International ADR Academy, New York 2007
Moderator, “Medicare, Medicaid Reform and Insurance Issues,” DRI Annual Meeting, Washington, D.C., 2007
Overall Statewide Planning Chair, Commercial Line Seminar, 2007
Overall Statewide Chair, “Law School for the Claims Professional,” New York State Bar Association, 2006
Presenter, “OCP and Wrap-Up Policies,” New York State Bar Association 2006
Presenter, Law School for the Claim Professional, New York State Bar Association Seminar, March 2006
Presenter, “Life and Disability Coverage Issues,” Personal Lines Seminar, New York State Bar Association 2005
Presenter, “Professional Responsibility and Ethics in Insurance Litigation,” Lorman Business Institute 2005
Presenter, “Discovery in Insurance Coverage and Bad Faith Litigation,” Lorman Business Institute 2005
Guest Lecturer, “Effective and Persuasive Writing,” University of Buffalo School of Law, 2005
Overall Planning Chair, “Boot Camp for the Civil Litigator, Ethics, Updates and Critical Issues,” Joint Annual Meeting Torts Insurance and Compensation Law Section and the Trial Lawyers Section of the New York State Bar Association, January 2004
Program Chair, “Auto Insurance Law and Litigation in New York,” Lorman Business Institute, 1998, 1999, 2000, 2001, 2002, 2003, 2004
Presenter, “Directors and Officers’ Coverage Issues,” New York State Bar Association, 2004
Presenter, “First Party Insurance Issues Related to Mold Loss,” New York State Bar Association, 2004
Presenter, “Discovery in Insurance Litigation,” New York State Bar Association, 2004
Presenter, “Professional Responsibility in Insurance Litigation,” New York State Bar Association, 2003, 2004
Presenter, “Bad Faith Claims in New York,” Lorman Business Institute, 1999, 2003, 2004
Presenter, “Commercial Lines Insurance Coverage With Advanced Issues,” New York State Bar Association, Buffalo, Albany, New York City, 2004
Lecturer, “Insurance Coverage Issues Related to Mold and Water Intrusion Claims,” Lorman Business Institute, 2002, 2003
Presenter, “Motor Vehicle Coverage and Claims Issues,” Buffalo Claims Association, 2003
Overall Statewide Planning Chairperson, “Personal Insurance Lines Seminar,” New York State Bar Association, 2003
Program Chair, “Insurance Litigation in New York,” Lorman Business Institute, 2002
Presenter, “September 11th Insurance Coverage Issues,” Buffalo Claims Association, 2002
Statewide Coordinating Editor, “Protecting the Privilege Project,” Defense Research Institute, 2002
Presenter, “Y2K Liability and Insurance Issues,” ITECH Convention, 2000
Presenter, “Insurable Interest,” Buffalo Claims Association, 2000
Co-Chair, “Evidentiary Issues in New York,” National Business Institute, 1998
Publications
Second Circuit Chapter, ERISA Survey of Federal Circuits, American Bar Association, 2016
Editor, “Part V: Regulatory, Alternative Risk Transfers, and Other Recent Developments,” in Reinsurance Professional’s Deskbook: A Practical Guide, Thomson Reuters and DRI, January 2015
Co-Author, “Superstorms, Vanishing Deductibles, and Floods That Are Not Floods: How Climate Is Changing the Legal Landscape of Insurance Coverage,” USLAW Magazine, Spring/Summer 2014
Co-Author, “The Rise and Implications of the Chinese Insurance Industry,”
LexisNexis Insurance Law Newsroom, December 30, 2013
Co-Author, “Claims Against Reinsurers Are on the Rise,” Global Reinsurance 2013 Full-Year Review, December 2013
Co-Author, “Life Insurance Claims Adjusting and Fraud,” Chapter, New Appleman on Insurance Law Library Edition, 2013
Quoted, “A Paradigm Shift,” Intelligent InsurerMonte Carlo Edition, September 2013
Quoted, “What Genetic Testing Means for Life Insurers,” LifeHealthPro, August 30, 2013
Quoted, “New EU Laws to Heighten Cyber Risk Exposure,” Reactions, August 21, 2013
Quoted, “To Tweet Or Not To Tweet? 5 Tips For Doing It Right,”Law360, August 14, 2013
Quoted in “What’s Ahead for Buffalo’s Legal Community in 2015,” Buffalo Law Journal, January 5, 2015
Featured in “Expert Insight Into Insurance & Reinsurance,” Lawyer Monthly, October 2014
Featured in “Leader Spotlight,” DRI, The Voice, June 11, 2014
Quoted, “Legal Focus: Insurers Drowning in Regulation,” Reactions, May 2013
Co-Author, “Promulgation and Enforcement: Navigating a Complex 21st Century Insurance Regulatory Environment,” Insurance Coverage and Claims Institute, April 12, 2013
Quoted, “Worker-Caused Injuries Must Be Covered: Calif. Appeals Court,”Law360, March 1, 2013
Quoted, “Hurricane Sandy: Business Interruption Claims Looming,” Credit Union Times, November 1, 2012
Quoted, “A Looming Concern After Sandy: Big Business Interruption Losses,” Property Casualty 360, October 31, 2012
Quoted, “How to Get Fast Insurance Settlements for Hurricane Sandy,” CFO Magazine, October 31, 2012
Quoted, “Hurricane Sandy: Expect Significant BI Losses . . . ,”Intelligent Insurer, October 31, 2012
Quoted, “Sandy Still Expected to Be a Primary Event,” Insurance Insider, October 31, 2012
Quoted, “The Hurricane Sandy Business Interruption Conundrum,” Artemis Bermuda, October 31, 2012
Quoted in “Hurricane Sandy Losses May Be Triple Those of Irene,” Reuters, October 30, 2012; this article was also published in The Huffington Post, the London Globe & Mail, and the Chicago Tribune
Quoted in “Mexico Gets Set for Solvency II,” Life Insurance International, October 2012
Co-Author, “Three (Or Is It Four?) Teams on This Legal Gridiron,” DRI Today, August 29, 2012
Co-Author, “Insurers Writing Cyber Risk Are Not Prepared for Their Hurricane Katrina Moment,” Reinsurance Asia, September 2012
Author, “Reinsurer Duties,” Chapter, New Appleman on Insurance Law Library Edition, Chapter 74, 2012
Author, “General Principles and Introductory Matters of Reinsurance Law,” Chapter, New Appleman on Insurance Law Library Edition, 2012
Co-Author, “Emergence of Travel Disruption Insurance Addresses Supply Chain Concern,” Insurance Day, September 26, 2012
Quoted in “Man-Made Risks Present Unique Challenges,” Intelligent Insurer– Monte Carlo Today, September 12, 2012
Author, “Social Media Poses Dilemma for Professionals,” Buffalo Law Journal, February 20, 2012
Co-Author, “Keys to Successfully Using Experts in Insurance Coverage Litigation,” Insurance and Reinsurance Committee Newsletter, International Association of Defense Counsel, January 2012
Co-Author, “Calling on Corporate Counsel: Follow Data Into the Breach,” Law Technology News, December 2011
Author, “Certain Underwriters at Lloyds v. Great Socialist People’s Libyan Arab Jamahiriya,” Aviation Briefs, November 2011
Quoted, “Irene to Cause Disputes . . . ,” Insurance Insider, October 10, 2011
Co-Author, “Calculating the Amount of Loss in Property Damage Claims,” Chapter 47, New Appleman on Insurance Law Library Edition, 2011
Co-Author, “Potential Causation and Damage Issues in Hurricane Irene Insurance Claims,” Westlaw Journal: Insurance Coverage, September 30, 2011
Quoted in “Contract Certainty: A Legacy of 9/11,” Reactions, Monte Carlo Rendez-Vous Special Edition, September 12, 2011
Quoted, “Global Financial Crisis Dominates Conference,” Royal Gazette, Bermuda, October 16, 2008
Author, “The Legacy of 9/11,” The Review, Monte Carlo Rendez-Vous Special Edition, September 11, 2011
Co-Author, “Mergers and Acquisitions Insurance,” Chapter 32, New Appleman on Insurance Law Library Edition, 2011
Quoted, “When Tweets Go Bad,” Global Reinsurance, April 2011
Co-Author, “Understanding Life Insurance,” Chapter 34, New Appleman Insurance Law Practice Guide, 2011
Author, “C’Mon In! The Door’s Open,” CPCU Society Leadership & Managerial Excellence Interest Group Newsletter, January 2011
Co-Author, “Social Media in Claims Investigation — The Smell of ‘Tweet’ Success,” CPCU Society Leadership & Managerial Excellence Interest Group Newsletter, October 2010
Quoted, “Are You Twittering or Frittering?” Property Casualty 360, February 2010
Co-Author, “Labor Law and Construction, Insurance Coverage and Indemnity Unveiled, Construction Site Personal Injury Litigation,” Chapter, Labor Law and Construction, New York State Bar Association, 2009
Co-Author, “To Tweet or Not to Tweet, Understanding the Synergy Among Social Media,” For the Defense, Defense Research Institute, December 2009
Quoted, “James Wrynn Named New York’s Insurance Leader,” Business Insurance, August 14, 2009
Co-Author, “It’s Not Easy: The Growing Potential for Green Claims,” For The Defense, Defense Research Institute, April 2009
Author, “Labor Law and Construction: Insurance Coverage and Indemnity Unveiled,” The Labor Law Handbook, New York State Bar Association, 2009
Co-Author, “Discovery in Insurance Coverage and Bad Faith Disputes,” Chapter, Insurance Law Practice, New York State Bar Association, 2009
Co-Author, “A Right or a Privilege: Recouping Uncovered Settlement Funds,” The Voice, DRI, October 2008
Commentary Contributor, Business Insurance Magazine, October 2008
Author, “Deja Vous All Over Again – Auction Rate Securities are the Latest Debacle to Hit the Financial Services Industry,” Mealey’s Emerging Insurance Disputes, August 2008
Co-Author, “Mortgagee Clause Claims in the Subprime Fallout,” Defense Counsel Journal, July 2008
Co-Author, “D&O Fraud and Dishonesty Exclusion: How Broad Should It Be?” For The Defense, Defense Research Institute, May 2008
Author, “The Unsettling Nature of ‘Right to Consent’ Provisions,” Mealey’s Emerging Insurance Disputes, May 2008
Author, “Going Green: The Growing Potential for Green Claims Under Architect and Engineer Professional Liability Policies,” Mealey’s Emerging Insurance Disputes, April 2008
Co-Author, “Long-Awaited Decision Issued by the New York Court of Appeals Clarifies Whether All Additional Insured Coverage is Primary: BP Air Conditioning Corp. v. One Beacon Insurance Group,” Torts, Insurance and Compensation Law Journal, New York State Bar Association, Spring 2008
Author, “Examining the Scope of the Follow the Fortunes Doctrine in Settlement Allocations”, Mealey’s Emerging Insurance Disputes, March 2008
Co-Author, “Recent Activity in the No-Prejudice Debate,” New York Law Journal, March 2008
Co-Author, “Does a Self-Insured Owe a Good Faith Duty to an Excess Insurer?” Mealey’s Emerging Insurance Disputes, February 2008
Author, “When is Notice Not Notice?: Obligation of Insured Directors and Officers to Provide Specific Notice,” Mealey’s Emerging Insurance Disputes, February 2008
Author, “When is An Insurer Entitled to Defense Costs from Its Insured?” Mealey’s Emerging Insurance Disputes, January 2008
Author, “The Breach of the Contract Exclusion in D&O Policies: Broad Application Could Swallow Coverage,” Mealey’s Emerging Insurance Disputes, December 2007
Author, “Duty to Defend Potentially Broadens to Uninsured Years,” Mealey’s Emerging Insurance Disputes, December 2007
Co-Author, “Reforms to Notice of Claim Will Affect Policyholders and Insurers Alike,” Buffalo Law Journal, October 2007
Co-Author, “New York Insurance Department: Discretionary Clauses Violate the Insurance Law,” New York State Bar Association Journal, September 2006
Co-Author, “New York Insurance Department Finds Discretionary Clauses Deceptive and Unfair,” Life, Health and Disability News, Defense Research Institute, Spring 2006
Co-Author, “Arbitrary and Capricious Judicial Review: Heightened or Lowered Standard of Late?” Life, Health and Disability News, Defense Research Institute, Fall 2005
Author, “Who Pays? Insurance Coverage for Mold Claims,” Torts, Insurance and Compensation Law Journal, 2005
Author, “Home Alone: A Mortgagee’s Responsibility,” DRI Covered Events, Summer, 2002
Author, “The New Y2K Act and Y2K Insurance Coverage Implications,” Journal of Insurance Coverage, Vol. 3, No. 1, Winter 2000
Author, “Insurable Interest: Often Overlooked and Misunderstood in Property Insurance Claims,” Journal of Insurance Coverage, Vol.2, No. 4 Autumn, 1999
Author, “Lien and Subrogation Issues Under New York’s No-Fault Statute,” New York State No-Fault/SUM Arbitration Reporter, Vol. 23, No. 4, December, 1998
Article Editor, Environmental Law Journal, State University of New York at Buffalo Law School, 1994