Whether prosecuting and settling complex insurance coverage disputes, or counseling Fortune 500 clients on the structuring of insurance programs, Mark brings his clients a seasoned business-oriented approach to solving their insurance problems. Mark's insurance-related clients include some of the world's better known retailing, manufacturing, transportation, technology, commercial real-estate, entertainment, and service sector companies. He is also a nationally recognized authority on insurance issues, having published and been quoted in publications such as Forbes, Business Insurance, the Legal Times, Treasury and Risk Management, Risk, and the National Law Journal. Areas of Concentration · Insurance coverage litigation · Settlement of complex insurance coverage disputes · Negotiation and evaluation of insurance programs · Captive insurance company responsibilities, payment obligations, and products · Insurance implications of bankruptcy and insolvency Significant Representations · General Liability Insurance - Secured coverage for Americans with Disabilities Act (ADA) claims under commercial general liability and umbrella insurance policies. - Persuaded major primary liability insurance carrier of its responsibility to pay unlimited defense coverage for manufacturing client facing billions of dollars in asbestos liability. - Prosecuted "advertising injury" claims on behalf of retailing and entertainment clients sued for the alleged infringement intellectual property rights. - Negotiated full defense coverage for telecommunications client sued in lawsuits alleging that brain cancer resulted from cellular telephone usage. - Awarded "bad faith" ruling in litigation against insurance carrier on behalf of major regional trucking company. - Obtained insurance defense and indemnity coverage for bodily injury claims allegedly caused by toxic mold. - Secured insurance coverage for corporate client suffering from one of the largest lead paint bodily injury verdicts ever awarded in the state of New York. · D&O Insurance - Successfully arbitrated multi-million dollar D&O insurance coverage dispute on behalf of the creditors of Napster. - Negotiated D&O tail coverage on behalf of insolvent corporations where insurance company canceled policy coverage and argued that statutory notice of cancellation precluded issuance of policy-mandated tail coverage. - Counseled and assisted a wide range of corporations, officers, directors and board members in the procurement of D&O insurance coverage. - Evaluated the viability and effectiveness of multi-tiered / multi-towered D&O insurance programs for large corporations. - Negotiated D&O policy wording with underwriters prior to policy inception on behalf of numerous corporations. - Corrected D&O insurance policy endorsements with underwriters after final policies were issued. - Represented bankruptcy estates, creditors committees and trustees in the prosecution of D&O insurance claims where insurance carriers asserted that "insured v. insured" exclusions precluded coverage. - Secured "Side A" or "Executive Liability" defense coverage under D&O policies for individual directors, officers, and board members where corporate indemnity was either refused by corporation or unavailable due to corporate insolvency. - Secured "Side B" or "corporate reimbursement" defense coverage under D&O policies for indemnity payments made by corporation to directors and officers under corporate indemnity agreements. - Evaluated and counseled clients on the validity and scope of corporate indemnity provisions. · Property and Business Interruption Insurance - Settled property insurance and business interruption claim for in excess of $300 million. - Counseled major U.S. airlines on business interruption insurance coverage issues related to the pursuit of 9/11 terrorist claims. - Settled storm damage business interruption and extra expense claim for in excess of $30 million. - Assisted numerous corporations in the filing of proofs of loss and the adjustment and settlement of hurricane storm damage and business interruption claims. - Counseled public entities on FEMA recovery and related insurance coverage for major catastrophic losses. - Advised major airline on coverage issues related to typhoon damage at a South Pacific facility. · Products Liability Insurance - Analyzed product liability exposure for a wide variety of products sold by large retail client and advised client on appropriate vendor indemnity language and insurance requirements. - Counseled large retailer on appropriate vendor insurance limits taking into account non-standard application by courts of products liability insurance coverage issues, including the applicable "number of occurrences." · Crime Insurance - Secured coverage for multi-million dollar corporate theft loss under fidelity crime policies. - Counseled entertainment client on theft loss coverage issues involving loss covering multiple policy periods. - Advised clients on the purchase of crime insurance products offered by various competing insurers and the implications of various adjustment provisions contained in those policies. - Counseled several large corporations and negotiated with prominent issuer of crime insurance the policyholder's election between inconsistent crime insurance policy adjustment procedures, including traditional "proof of loss" and newer independent investigation procedures. · Errors & Omissions (Professional Liability) Insurance - Counseled large commercial real-estate brokerage firm on settlement of underlying case where a series of insurance carriers had initially refused to consent to settlement. - Revised contracts for technology service companies to address insurance requirements and indemnity. - Conducted E&O insurance policy reviews for various corporate entities prior to binding coverage. · Event Cancellation Insurance - Settled multi-million dollar event cancellation claim for trade association impacted by 9/11 terrorist attacks. - Counseled major entertainment client on the purchase of effective event cancellation coverage for live television event. · Event Insurance - Counseled Fortune 500 client on proper event coverage for charity fundraiser being conducted by prominent corporate executive. · Terrorism Insurance - Advised clients on the implications of the Terrorism Risk Insurance Act of 2002 ("TRIA") as that act relates to terrorism coverage under CGL, Property, D&O, and other insurance policy forms. - Negotiated and revised TRIA endorsements for corporations to preserve coverage for potential biological, radiological, and chemical terrorist attacks. - Advised clients on the availability and viability of stand-alone terrorism insurance products. · Workers' Compensation Insurance - Drafted indemnity and insurance provisions for corporate clients addressing applicable Workmens' Compensation insurance requirements for vendors and contractors. - Negotiated the release of letters of credit funding self-insured portions of expired workers' compensation insurance programs and collateral requirements for newly underwritten coverage. - Advised corporations on the use of workers' compensation insurance for independent contractors, and the implications of coverage for accidents where both workers' compensation and general liability insurance products could provide coverage. - Negotiated settlement of disputed retrospective premium amounts, and advised contractor client on the applicability of retrospectively rated and/or self-funded programs. · Aviation Hull and Liability Insurance - Successfully settled liability insurance coverage dispute for one major airline in excess of $25 million, and for another major airline on an entirely different claim for in excess of $15 million. - Secured insurance coverage under aviation liability insurance policy for company allegedly responsible for major airline crash despite the fact that government investigations alleged intentional criminal misconduct, and sought to impose substantial fines and penalties on company. · Cargo Insurance - Negotiated cargo claim dispute for large product distributor. · Builders' Risk OCIP / CCIP Insurance - Counseled large developer on the use of security bonds versus the use of "SubGuard" insurance product; negotiated coverage under SubGuard policy where project was delayed due to subcontractor errors. - Advised developers, contractors and businesses building new facilities about the benefits and drawbacks of "wrap-up" insurance products such as OCIPs and CCIPs. - Negotiated coverage for mold claims under Builder's Risk insurance policy. · Captives and Self-Funded Insurance Programs - Negotiated parameters for Payment Agreements addressing self-funded requirements of various liability and property insurance programs to address over collateralization of self-funded risks and the lack of appropriate objective mechanisms for the adjustment of collateral amounts. - Facilitated the release of letters of credit on expired insurance policies for construction company. - Counseled several large corporations on their right to direct captives in the payment of claims while preserving coverage from excess insurers. - Counseled retailer on the use of fronting agreements, captives, and claims handling agreements to minimize insurance costs and effectively manage claims. · Contractual Risk Transfer Mechanisms - Drafted indemnity and insurance requirements for various new construction and remodeling contracts. - Drafted indemnity and insurance requirements for large retailer's contracts with vendors. - Evaluated contractual liability insurance coverage and additional insured rights under various insurance programs. - Counseled clients on the use of certificates of insurance and policy endorsements as evidence of additional insured status. Articles, Publications, & Lectures Articles · Author, "The illusory nature of D&O insurance," International Journal of Disclosure and Governance, Vol. 3, No. 3,September 2006 · Co-Author, "Product Liability Insurance: Can You Not Have It?" Law Journal Newsletters, Product Liability Law & Strategy, September 2006 · Author, "Use of the Appraisal Process for Resolution of First-Party Property and Business Interruption Insurance Claims," Mealey's Business Interruption Insurance Conference Workbook, June 16, 2004 · Author, "Top Ten D&O Coverage Issues, The D&O Market is Finally Tilting in Favor of Buyers," The Corporate Board, Vol. XXV No. 149, November/December 2004 · Quoted, "Sarbanes-Oxley, Caught and the Act; a Look at Directors and Officers Insurance," Risk, November 2004 · Author, "How TRIA is Implemented Key to its Scope, Cover for Chemical, Biological, Radiological and Nuclear Attack Must be Ensured," Business Insurance, January 19, 2004 · Quoted, "The Good Hands People," Business Insurance, February 3, 2003 · Author, "Business Interruptus: Property Insurance is More Important than Ever, but it's not Designed for Services," Legal Times, November 10, 2003 · Author, "Avoiding Hang-Ups In Coverage Disputes," Business Insurance, August 26, 2002 · Quoted, "Mold," The Miami Herald Business Monday, July 29, 2002 · Quoted, "9-11 Aftermath: Recovering Losses," The National Law Journal, February 14, 2002 · Quoted, "Covered? Maybe Not, Directors and Officers Start to Sweat a Insurers Equivocate on D&O Coverage," Treasury & Risk Management, December 4, 2002 · Quoted, "The Perfect Storm," Forbes, December 3, 2002 · Quoted, "D&O Insurance Gets Closer Scrutiny," Forbes, November 22, 2002 · Author, "Cellular Telephone Coverage Lawsuits," CPCU Agent and Broker Section Quarterly, Vol. 15, No. 2, October 2002 · Author, " All D&O Insurance Policies Are Not Created Equally," Alert, August 2002 · Quoted, "News & Views: Are You Covered For Business Interruption Really?" Treasury & Risk Management, November 2001 · Quoted, "Managing Risk," Contract Professional Magazine, November 1999 · Author, "Insurance Coverage for Intellectual Property Disputes," Alert, January 1999 · Author, "Auditing for Lawsuit Readiness," Public Power, Vol. 55 No. 4, July-August 1997 · Author, "Lead-Based Paint Insurance Coverage: Courts Mandate Coverage Despite Insurance Industry Opposition," Environmental Claims Journal, Vol. 9, No. 4., Summer 1997 · Author, "Insurance Coverage for the Next Wave of Environmentally-Related Liability -- Electromagnetic Fields," Environmental Liability Enforcement & Penalties Reporter, October 1996 Speeches · Speaker, 2007 Hurricane Preparedness Seminar, Florida Power & Light, Ft. Lauderdale, FL, May 2, 2007 · Speaker, Mealey's Business Interruption Insurance Conference, June 16, 2004 · Speaker, "21st Century Insurance Challenges, Business Interruption Issues," American Bar Association Conference, October 18, 2002 | 
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