Professional Experience
Charlie Fortune represents insurance companies, reinsurers, brokers and policyholders with respect to a variety of insurance-related matters. He has significant experience arbitrating and litigating to conclusion insurance and reinsurance claims involving asbestos and pollution injuries, allegations of abuse and discrimination, intellectual property disputes, and requests for bad faith awards. In the reinsurance arena, Charlie has handled matters involving many current issues, such as consolidation of arbitrations, claims association, accumulation of loss, allocation, expense recoveries and following obligations. He is familiar with a vast assortment of reinsurance and insurance forms, and he understands the placings environment and the perspective of the client. Charlie has also advised clients in the context of first party claims, directors and officers coverage, employment practices cover and in relation to insurance company insolvencies. He has assisted clients with the review and development of claims handling practices, with new products and forms and with internal investigations relating to insurance operations. Charlie's extensive experience in the field of insurance includes seven years in commercial casualty-property underwriting and a six month secondment in the London reinsurance claims environment. In total, Charlie has been directly involved with insurance matters for over 27 years and he brings to his practice of law a level of experience in the field far greater than most lawyers possess.
Charlie also handles commercial litigation/arbitration matters, with an emphasis on complex contractual disputes.
Charlie has appeared in courts throughout the United States and in numerous arbitrations organized under a variety of arbitration systems. He has also resolved through mediation a number of disputes, and has himself negotiated many very favorable settlements for clients, in response to their desire to avoid the costs and risks of arbitration or litigation.
Representative Matters
· Numerous representations of reinsurers and cedents in the defense of asbestos, pollution and health hazard claims, addressing issues such as notice, claims association, claims handling practices, allocation, accumulation of loss and exclusionary provisions
· Numerous representations of insurance carriers in the defense of pollution property damage, products, and coverage B claims
· Represented a fronting carrier in an action to collect reinsurance proceeds from a Bermuda rent-a-captive operating as a Bermuda Segregated Accounts company
· Advised a reinsurer in respect of several significant claims arising out of loss settlements for clergy sexual abuse claims
· Represented several regional insurance agencies in connection with investigatory subpoenas issued by the Connecticut Attorney General
· Represented a quota share reinsurer with common account protection in the context of the receivership of Highlands Insurance Company
· Represented in arbitration a manufacturer of fiber-optic cable in the recovery of insurance proceeds for patent infringement claims
· Defended an automobile insurance carrier in a class-action proceeding involving repair practices
· Advised a manufacturer of air conditioning systems in respect of a bankrupt extended service plan provider
· Represented a jet engine manufacturer in the successful recovery of significant claims against a parts supplier
· Represented in arbitration a jet engine lessor who recovered from the lessee compensation for damage to a commercial engine
News, Publications & Presentations
· Seminar co-chair, "Difficult Issues in Arbitration - Even for Experienced Arbitrators," ARIAS-U.S. Arbitrator Education Series, New York, NY, November 3, 2010
· Workshop co-chair and speaker, AIRROC Reinsurance Claim Negotiation Workshop, Hartford, CT, June 17, 2010
· "Maintaining the Integrity of the Arbitration Process: The Parties' Dilemma," ARIAS-U.S. Quarterly, Second Quarter, 2010
· "Creating an Environment for the Effective Resolution of Insurance and Reinsurance Disputes," AIRROC Matters, Winter 2009/2010
· Speaker, "Reinsurance Contract Wordings and Disputes," Falconbury Conference, Hamilton, Bermuda, October 9, 2009
· Seminar co-chair, "Organizing the Arbitration," ARIAS-U.S. Arbitrator Education Series, New York, NY, March 23, 2009
· Co-author, "Organizing the Arbitration," ARIAS-U.S. Arbitrator Education Series Paper, March 23, 2009
· Speaker, "Risk Allocation and Insurance," Connecticut Valley RIMS Chapter Meeting, West Hartford, CT, December 10, 2008
· Speaker, "We've Just Been Sued for IP Infringement: Are We Covered?" Connecticut Bar Association Annual Meeting, Hartford, CT, June 9, 2008
· Co-author, "Issues in Arbitration: Selected Legal Concepts for Non-Lawyers," Journal of Reinsurance, August 2007
· Co-author, "Geographic Limitation on Arbitrators' Authority to Compel Discovery from Non-Parties," DBH Alert, September 7, 2006
Professional Affiliations
· American Bar Association, Litigation Section, Committee on Insurance Coverage Litigation
· Connecticut Bar Association
· AIDA Reinsurance and Insurance Arbitration Society (ARIAS-U.S.)
Outside Interests
· Lecturer in Law (Insurance Litigation), University of Connecticut School of Law, 2008-present
· Member, Education Committee, ARIAS-U.S., 2009-present
· Secondment to Inwards Reinsurance Claims Unit, Equitas Ltd., 1999-2000
· Connecticut Law Review, 1988-89
· Project Manager, Commercial Lines Systems Development, Travelers Insurance Company, 1983-1986
· Commercial Lines Underwriter, Travelers Insurance Company, 1979-1983
Awards and Achievements
· Recognized as a Connecticut Super Lawyer, 2008