Professional Experience
Dan FitzMaurice, a member of the firm's Executive Committee, represents clients in trials, arbitrations, and appeals of complex commercial disputes. He handles a wide variety of matters with an emphasis on insurance and reinsurance, corporate, banking, franchise, and financial transactions. He is the immediate past Chairman of the Board of Directors of ARIAS-U.S. and currently serves as a co-chair of the ARIAS-U.S. Industry Task Force on improving arbitration. He speaks frequently on issues relating to reinsurance, financial services, and trial practice.
Dan represents clients in the United States and internationally. He has tried numerous cases in state and federal courts and has represented parties in arbitrations across the United States. He has also handled appeals in the U.S. Courts of Appeals for the Second, Third, Ninth, and District of Columbia Circuits, as well as the Connecticut Supreme Court. In addition, Dan has represented parties in administrative and regulatory proceedings before the Federal Energy Regulatory Commission, the U.S. Department of Labor, the Pension Benefit Guaranty Corporation, the Office of the Comptroller of the Currency, and numerous Connecticut administrative agencies, including the Department of Insurance, the Department of Banking, Department of Public Health, the Consumer Protection Department, and the Office of the Attorney General.
Dan served as law clerk to The Honorable Myron H. Bright, U.S. Court of Appeals for the Eighth Circuit.
Representative Matters
· Represented a national bank and its operating subsidiary in the first suit in which a U.S. Court of Appeals determined that federal law preempts state regulatory and visitorial authority over the subsidiary of a national bank. Wachovia Bank, N.A. v. Burke, 414 F.3d 305 (2d Cir. 2005)
· Represented a surety company in recovering substantial sums from reinsurers with regard to advance payment supply bonds
· Defended a workers' compensation insurer against claims of bad faith, arguing successfully in the Connecticut Supreme Court that the Workers' Compensation Act provided the exclusive remedy for plaintiff's allegations. DeOliveira v. Liberty Mut. Ins. Co., 273 Conn. 487, 870 A.2d 1066 (2005)
· Represented insurance companies and brokers in connection with investigatory subpoenas from state regulators and the Connecticut Attorney General
· Defended a major insurance company in a purported class action involving allegations of improper claims handling
· Defended a healthcare consulting firm in multimillion-dollar litigation involving capitated rates for Medicaid recipients participating in managed care
· Represented international reinsurers in disputes with ceding companies over claims handling, notice, and cooperation
· Represented a ceding company in contractual and actuarial disputes with its reinsurer with regard to long-term care policies
· Represented insurers and healthcare companies in insurance regulatory proceedings to obtain permission to acquire control of a managed care company based in Connecticut
· Represented a national bank in its successful challenge to efforts by the State of Connecticut to prohibit ATM fees
· Advised an insurance company with regard to litigation throughout the United States concerning interest-sensitive life insurance and annuity products
· Advised a multinational manufacturer with regard to insurance-related litigation pending in the United States, England, and France
· Represented a holding company in a substantial arbitration and subsequent contests by the former owners of an acquired subsidiary relating to a complex merger and acquisition contract, including an "earn-out" provision and its effect on the purchase price
· Defended a marine products manufacturer in a jury trial initiated by a terminated dealership claiming under the Connecticut Franchise Act and Connecticut Unfair Trade Practices Act
· Represented a life and health insurer in obtaining substantial sums from a reinsurer that had challenged the cedent's claims handling and financial administration
News, Publications & Presentations
· Co-chair and Faculty Member, ARIAS-U.S. Fall Conference, New York, New York, November 2011
· Co-author, "ARIAS-U.S. Announces Company Project to Improve Arbitration," ARIAS Quarterly, Third Quarter 2011
· Featured, "Chambers USA 2011 Names 45 Day Pitney Attorneys as 'Leading Lawyers for Business'," Day Pitney Press Release, June 10, 2011
· Featured, "Day Pitney Partner Daniel FitzMaurice Named Chairman of the AIDA Reinsurance and Insurance Arbitration Society for 2011," Day Pitney Press Release, November 8, 2010
· Speaker, "The Interplay between Entire Agreement and Arbitration Clauses," Falconbury Reinsurance Contract Wordings and Disputes Conference, Bermuda, October 2010
· "Trustmark V. John Hancock: A Significantly Flawed Decision With The Potential To Wreak Havoc For Confidentiality Agreements In Arbitration," Mealey's Litigation Report: Reinsurance, March 19, 2010
· Co-author, "Supreme Court Grants Certiorari to Clarify Appealability of Remand Orders," Appellate Alert, October 16, 2008
· Co-author, "Preparing a Reasoned Award," ARIAS Quarterly U.S., Fourth Quarter 2007
· Speaker, "Procedural Issues in Reinsurance Disputes," LexisNexis Conference, Mealey's Reinsurance Teleconference, August 2, 2007
· Workshop co-chair, "Focus on Developments in the USA," The International Reinsurance Summit, Bermuda, June 2007
· Speaker, "Procedural Issues in Reinsurance Disputes," Mealey's Fundamentals of Reinsurance Litigation & Arbitration Conference, New Orleans, March 2007
· Co-author, "Geographic Limitation on Arbitrators' Authority to Compel Discovery from Non-Parties," DBH Alert, September 7, 2006
· "Some Ideas About How Arbitrators Can Improve the Process of Reinsurance Arbitrations," ARIAS Quarterly, November 4, 2005
· Conference co-chair, ARIAS-U.S. 2005 Spring Conference; panel chair, "How Arbitrators Can Improve the Arbitration Process," Las Vegas, NV, May 4, 2005
· Speaker, "Preparing and Defending A Witness In A Deposition," Taking And Defending Effective Depositions seminar, Hartford, CT, March 1, 2005
· Co-author, "Discovery in Reinsurance Arbitration," ARIAS Quarterly, November 4, 2004
· "Focus on Discovery: Overview of Discovery Issues in Arbitration, With Particular Emphasis on Privilege Arguments," ARIAS-U.S. 2004 Spring Conference, Palm Beach, FL, June 9, 2004
Professional Affiliations
· AIDA Reinsurance and Insurance Arbitration Society (ARIAS-U.S.), Co-Chair, Industry Task Force; Member of Board of Directors (2005-2011), Chairman (2010-2011), President (2009-2010), Vice President (2008-2009); Long-Range Planning Committee (2006-2010)
· American Bar Association, Torts and Insurance Practice Section
· American Bar Association, Franchise Law Section
· Connecticut Bar Association
· Hartford County Bar Association
· Oliver Ellsworth Inns of Court, (Bencher: 2006-2011)
Outside Interests
· Board of trustees, Nutmeg Big Brothers/Big Sisters
Awards and Achievements
· Recognized as a Connecticut Super Lawyer, 2006-2011/2012
· Chosen for inclusion in the Chambers USA Legal Directory as a leading commercial litigator, 2008-2011