I mediate and arbitrate challenging and complex cases that don’t necessarily fit into categories. My cases come from all over the United States and abroad. My perspective and approach derive from lessons learned in a 25 year legal and a commercial insurance claims career at all levels, from claims handler to global head of casualty claims and now more than 6 years of mediating and arbitrating.
I’ve resolved every imaginable kind of insurance coverage dispute including commercial property, directors and officers (D&O), errors and omissions (E&O), professional liability, pollution, cyber, employment practices liability (EPL), media liability, kidnap and ransom, general liability (CGL), Excess, Bermuda form, London form, product recall, representations and warranties, transactional insurance, captive insurance, fronted insurance, reinsurance, primary and excess policies-all layers and rescission and reformation of insurance policies and insurance bad faith. I’ve resolved business interruption and contingent business interruption disputes whether as part of a property policy or cyber or even errors and omissions.
I’ve resolved employment disputes, and professional liability including attorney, accountant, third party administrator and insurance broker malpractice, and high exposure personal injury cases (medical malpractice, premises, products liability, and mass tort). I also mediate and arbitrate commercial disputes including crypto-currency matters.
If your mediation or arbitration involves advertising and personal injury, copyright, trademark and trade dress, invasion of privacy, publication, cyber, technology, construction defect, environmental, asbestos, class actions, pharmaceuticals, medical devices or energy and construction industry risk transfer issues, Nadolna ADR may be a good fit for you.
I mediate disputes involving many industries including technology, healthcare, pharmaceuticals, food and beverage, energy, construction, and financial services. I have mediated with companies from small to mid-size to large including Fortune 500 and Fortune 100.
I look forward to learning about your case and creating a path towards resolution, whether virtually or in person, whether at a JAMS location or elsewhere.
Professional Background & Education
Mediator & Arbitrator, JAMS, 2016-Present
AIG, 1998-2015
Global Head of Casualty Claims, 2011-2015
Executive Vice President, P&C Severity Claims, 2007-2011
Senior Vice President, Excess Casualty Claims, 2001-2007
Assistant Vice President, 1999-2001
Complex Director, 1998-1999
Attorney, Bollinger, Ruberry & Garvey, Chicago & New York, 1995-1998
Attorney, Querrey & Harrow, Chicago, 1991-1995
J.D., Syracuse University College of Law, 1991
B.A., UCLA, 1988
“Andrew has very quickly become the “go to” neutral for insurance coverage disputes. His fairness, creativity, substantive proficiency and persistence are second to none.”
Representative Matters
Insurance Coverage and Bad Faith
D&O tower coverage dispute involving a major pharmaceutical company and relation back issues
Various D&O coverage disputes re: False Claims Act liabilities; extent of coverage for unique Wage & Hour issues; scope of trade secrets exclusion; allocation of defense costs among covered and uncovered entities and covered and uncovered causes of action under policies with and without allocation language
Dispute between policyholder and insurer over coverage under legacy GL policies for climate change litigation
Multiple disputes under pollution insurance policies
Multiple disputes under media liability insurance policies
Cyber insurance coverage dispute over whether a settlement with the Department of Health and Human Services for HIPPA violations arising out of a lost laptop were subject to a sublimit for fines or penalties in the policy.
General liability insurance coverage dispute between primary and excess carrier concerning whether certain attorney’s fees and class action notice and administrative costs called for in the underlying settlement agreement qualified as supplemental payments or damages
General liability insurance coverage dispute about Chinese drywall claims against owner, GC and subcontractor under an Owner Controlled Insurance Program and the extent of completed operations coverage
Dispute over extent of cyber coverage available under a kidnap and ransom policy
Property insurance coverage dispute involving allegations of misrepresentation and claims for rescission as well as claims of bad faith against a property insurer of a vacant building
Numerous commercial property insurance coverage disputes concerning the extent of coverage for damages caused by Hurricane’s Irma and Maria
Product recall insurance coverage dispute involving scope of insuring agreements as applied to nutritional and food recalls.
Reps and warranties coverage dispute involving a sell-side policy
Specialty errors and omissions coverage dispute concerning coverage for a business email/social engineering fraud
Several bad faith disputes between primary and excess general liability carriers over verdicts and settlements in bodily injury and defamation cases
Cyber/Cryptocurrency
Arbitrated crypto-currency trading dispute involving Bitcoin
Mediated numerous disputes between commercial partners over responsibility for ransomware, phishing and other cyber attacks
Commerical
Mediated dispute between engine re-manufacturer and bolt supplier over allegations of defective bolts
Dispute between air cargo company and its aircraft lessor and maintenance company concerning repair quality as well as leasing fees (aviation)
Employment
Mediated dispute between terminated pubic company c-suite executives and the company involving allegations of wrongful termination by the executives and breach of fiduciary duty by the company
Mediated dispute between technology component manufacturer and sales executive in the military and aerospace areas concerning commission calculations under an incentive program
Arbitrated request for preliminary injunction by company to enforce restrictive covenants (non-competition and non-solicitation) in executive’s employment agreement
Mediated sales commissions dispute between former employee and employer over sales of high tech components to the defense industry
Mediated FLSA and related state law claims concerning overtime and breaks
Personal injury
Mediated a case involving a verdict in excess of $20M for a plaintiff who became a paraplegic after a fall from a roof
Medical malpractice case involving failure to diagnose and respond to a rare disorder that led to an above the knee leg amputation of an 18 year old student athlete
Mediated numerous significant NY Labor Law cases
Professional Liability
Dispute between bankruptcy trustee and directors and officers of e-commerce company
Legal malpractice dispute between insurer and coverage counsel based on advice that allegedly led to a denial of coverage and a payment by the the insurer in excess of policy limits
Legal malpractice dispute involving failure to perfect appeal of grant of summary judgment for defendant in underlying personal injury case
Insurance broker errors and omissions dispute where broker was alleged to have failed to procure sufficient law and ordinance coverage for a chain of hotels
Dispute between reinsurer, program manager and broker concerning the administration of a captive insurance program providing CGL insurance to contractors
Accounting malpractice claim involving bankruptcy trustee and numerous creditors alleging several violations of GAAP standards to a corporate client (bankruptcy)
International
Mediated transactional risk (reps and warranties) insurance coverage dispute involving an insurance policy issued in Latin America to a Latin American company
Mediated dispute between Israeli manufacturer and U.S. insurer over coverage for product failure claims that resulted in numerous fires in Israel
Mediated insurance company errors and omissions tower coverage dispute involving policies issued in Europe governed by the law of a European country
Mediated property insurance coverage dispute involving hurricane damage to an infrastructure project in the Caribbean