Andrew Nadolna is a mediator and arbitrator with experience in a wide range of matters including accounting and finance, lending, aviation, business and commercial, construction, class action/mass tort, cryptocurrency, cybersecurity & privacy, employment, environmental, insurance coverage, insurance subrogation, reinsurance, international and cross-border, personal injury and torts, and professional liability.

He is ranked among the top mediators nationwide by Chambers and Partners. A source in the 2024 Edition of the Chambers Guide noted that Mr. Nadolna “brings a unique and unmatched level of experience … to insurance coverage claims and litigation” and that “[h]e's a tireless and devoted mediator.” A review in the 2023 edition of the same guide contained additional words of phrase about the caliber of Mr. Nadolna’ s work: “He's very good at keeping his thoughts to himself when necessary and probing different people based on their personalities," the source noted. “For me,” stated another 2023 reviewer, “he's got intelligence, he's got patience, he's got integrity [and] [h]e has gravitas."

Mr. Nadolna has a particular interest in insurance related matters. He has deep in-house insurance experience, including having served as Global Head of Casualty Claims at American International Group (AIG) and has mediated and arbitrated cases involving nearly every form of first party and third-party insurance matter including cyber, trade credit, primary and excess policies (all layers), Commercial General Liability (CGL), professional liability, directors and officers, employment practices liability, kidnap and (representations and warranties). 

Notably, he has substantial experience handling underlying claims and coverage disputes involving personal injury, invasion of privacy, sexual abuse, and sexual assault (including several clergy-related) matters. Mr. Nadolna has also worked on cases involving cyber, technology, pharmaceuticals, medical devices, and energy, as well as those involving a vast variety of bad faith allegations, unfair claims practices, and rescission and reformation issues.

Mr. Nadolna is highly respected for his breadth of knowledge and his ability to grasp with ease sophisticated and highly technical aspects in all practice areas of his general ADR practice. His open-minded approach to the parties’ objectives allows him to listen to all sides of the dispute, to diffuse roadblocks, and to navigate the parties toward the just and efficient resolution of disputes even in the most intractable of situations.

ADR Experience and Qualifications

Representative Matters

• Business Commercial
• Arbitrated Telephone Consumer Protection Act claim involving issue whether debtor consented to receiving collection calls on a mobile line
• Arbitrated dispute involving breach of contract allegations between parties to master services agreement governing the supply of electrical power to bitcoin miners 
• Arbitrated dispute involving whether a fifty-year lease of solar panels to homeowner was valid
• Emergency Arbitrator in contractual billing arrangements for medical services dispute between healthcare insurer and large hospital chain
• Mediated aviation dispute between air cargo company and aircraft servicer involving allegations that failure to provide proper engine service led to bankruptcy 
• Mediated claim by corporation that CEO breached fiduciary duties and interfered with corporate opportunities
• Mediated numerous disputes between insurers and third-party administrators over claims handling, program administration and billings
• Mediated significant property damage dispute between truck engine company and parts manufacturer
• Mediated alleged breach of contract and negligence claims between metals producer and environment products and services company stemming from fire at claimant’s facility 
• Mediated dispute involving claimant’s participation in and alleged losses relating to private placement of shares of company 
• Mediated claims by digital media company against platform designer for damages allegedly incurred in re-platforming of claimant’s website 
• Class Action & Mass Tort
• Mediated class action involving data breach of home health care company’s highly confidential personal and medical data 
• Mediated class action involving damages allegedly incurred from data (personal information) breach of respondent hospital’s systems 
• Construction
• Mediated complex construction dispute relating to claims by condominium association against developer
• Mediated construction defect dispute involving allegations, among others, that specifications were deficient and project was not properly supervised 
• Cybersecurity & Privacy
• Arbitrated Bitcoin trading dispute between parties to umbrella cryptocurrency purchase agreement 
• Mediated dispute between companies sharing network access after hacker gained access and stole several million dollars
• Mediated dispute by individuals against payroll and accounting firm for damages allegedly sustained as a result of a data security breach 
• Mediated multiple disputes between companies regarding responsibility for business email compromise losses 
• Employment Law
• Arbitrated dispute between C-suite executive and company concerning potential theft of confidential company information and technology and profit-sharing arrangements
• Arbitrated request for preliminary injunction regarding breaches of asset purchase agreement and respective employment agreements after former executive employee allegedly started  business in direct competition with former employer and allegedly stole trade secrets 
• Mediated dispute between financial advisor and former employer after employee filed suit alleging fraudulent inducement
• Mediated dispute between terminated public company executives and company involving allegations of wrongful termination concerning investments by the executives 
• Mediated commission dispute between executive sales employee and former employer concerning sales of high-tech parts to defense industry
• Insurance

Directors and Officers (D&O) Insurance

• Mediated numerous D&O coverage disputes on issues of relation back and multiple claims, False Claims Act liabilities, wage and hour and Fair Labor Standards Act (FLSA) exposures, misappropriation of trade secrets, allocation and coverage for investigative costs concerning subpoenas and search warrants, criminal defense expenses relating to pending indictments and Equal Employment Opportunity Commission (EEOC) and state law sexual harassment and retaliation claims
• Mediated Caremark claims for an entity that went bankrupt

Cyber Insurance

• Mediated coverage disputes involving spearing/phishing attacks, sublimits for credit monitoring and other sublimits 
• Mediated extent of coverage under cyber policy for in house labor and expenses to remediate 
• Mediated cyber insurance coverage dispute over whether settlement with Department of Health and Human Services (HHS) for Health Insurance Portability and Accountability Act (HIPPA) violations arising out of lost laptop were subject to sublimit for fines or penalties 
• Mediated dispute involving allocation of ransomware losses between cyber and kidnap and ransom policies 
• Mediated coverage dispute involving ransomware incident experienced by telecommunication company  
• Mediated dispute concerning extent of credit monitoring coverage under cyber policy with a sublimit
• Mediated business interruption dispute in excess of $10M resulting from ransomware attack 
• Mediated cyber dispute concerning coverage where insured allegedly did not implement proper cyber controls
• Mediated matter involving denial of coverage under cyber/media liability policy for class action MDL and related lawsuits initiated by various attorneys general concerning alleged mislabeling and negligent marketing of plaintiff’s product 

Media and Technology Errors & Omissions Insurance

• Mediated multi-million-dollar coverage dispute involving invasion of privacy and related claims by celebrity against media company, including allocation between media and CGL towers
• Mediated dispute about extent of coverage under media policy for damages arising out of trademark infringement 
• Mediated dispute over coverage for FINRA arbitration award involving allegations of disgorgement, churning and unauthorized trading 
• Mediated extent of coverage for phishing and business email compromise under errors and omissions policies
• Mediated extent of coverage available under insurance company errors and omissions insurance tower
• Mediated technology errors and omissions dispute concerning custom software and system upgrades provided by technology company

Representations and Warranties (Mergers & Acquisitions & Transactional Insurance)

• Mediated coverage dispute concerning pre- and post-acquisition conduct, extent of seller’s indemnity and reasonableness of settlement amount
• Mediated coverage dispute involving non-U.S. sell-side policy issued to non-U.S. policyholder involving allegations that earnings had been overstated 
• Mediated coverage dispute for Biometric Information Privacy Act (BIPA) class action under representations and warranties policy 

Property Insurance

• Arbitrated extent of hurricane caused-losses under commercial property policy for apartment complex in Florida
• Mediated numerous disputes concerning extent of coverage, including for business interruption, as the result of hurricanes and other storms, as well as explosions, pollution incidents including the presence of viruses, and other causes of loss 
• Mediated dispute under inland marine policy involving extent of coverage for solar utility installation in the Caribbean
• Mediated several disputes involving vacant property policies

Pollution Insurance

• Mediated pollution insurance coverage dispute involving wastewater leaking from pipeline of fracking operation
• Mediated pollution insurance coverage dispute involving warehousing of old technology products 

Commercial General Liability Insurance (CGL)

• Mediated 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 underlying settlement agreement qualified as supplemental payments or damages 
• Mediated general liability insurance coverage dispute about Chinese drywall claims against owner, general contractor and subcontractor under an Owner Controlled Insurance Program and the extent of completed operations
• Mediated several asbestos and environmental coverage disputes under various types of historic and legacy insurance policies
• Mediated numerous additional insured, insured contract and risk transfer issues and related underlying claims
• Mediated numerous disputes between primary and excess insurers
• Mediated coverage disputes of alleged sexual assault and abuse claims including a matter involving a physician, and several matters involving members of the clergy 
• Mediated disputes involving fronting, captive and high deductible insurance policies
• Mediated disputes involving coverage for alleged losses incurred in connection with COVID-19 pandemic 
• Mediated coverage disputes involving product recalls 

Bad Faith Disputes

• Mediated property insurance coverage dispute involving allegations of misrepresentation and claims for rescission, as well as claims of bad faith against property insurer of vacant building
• Mediated bad faith dispute between primary and excess general liability carrier over verdict in personal injury case that was above primary limits
• International & Cross Border
• Mediated transactional risk (representations and warranties) insurance coverage dispute involving an insurance policy issued in Mexico to a Mexican company
• Mediated insurance company errors and omissions coverage dispute involving tower of several carriers who issued policies 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
• Mediated accountant’s malpractice claim involving foreign investment trust
• Mediated numerous disputes involving United Kingdom, Bermuda and European based insurers
• Mediated Israeli property damage coverage dispute involving potential coverage under multi-national insurance policy 
• Personal Injury
• Mediated post-trial a case involving verdict in excess of $20M for  plaintiff who became a paraplegic after a fall from a roof
• Mediated medical malpractice case involving failure to diagnose and respond to rare disorder that led to an above the knee leg amputation of an 18-year-old student athlete
• Mediated numerous significant New York Labor Law cases
• Mediated premises, medical malpractice, products, and general liability lawsuits
• Mediated numerous issues between defendants and insurers in high exposure bodily injury claims to enable later direct mediations with the plaintiff
• Mediated dram shop dispute involving altercation between two patrons of the establishment 
• Mediated dispute involving injuries suffered by child while at Caribbean resort due to an allegedly defective tricycle 
• Mediated dispute involving alleged injuries sustained by 91-year-old claimant while descending the stairs of commercial building 
• Professional Liability
• Mediated several legal malpractice disputes between insurer and coverage counsel
• Mediated several legal malpractice lawsuits involving underlying bodily injury cases and expired statutes of limitations
• Mediated several insurance broker errors and omissions disputes where broker was alleged to have failed to procure sufficient or appropriate coverage for commercial enterprises
• Mediated dispute between reinsurer, program manager and broker concerning the administration of captive insurance program providing CGL insurance to contractors
• Mediated several accounting malpractice cases involving national accounting firms, and claims in bankruptcy court  
• Mediated dispute between class action attorneys and their e-discovery vendor over lost documents 
• Mediated legal malpractice disputes involving representation of claimants in underlying personal injury actions 
• Mediated dispute involving allegation that home health care company employee caused fatal burn injuries to elderly patient  
• Mediated dispute involving alleged negligent insurance coverage legal advice 

Honors, Memberships, and Professional Activities

Honors, Memberships, and Professional Activities

• Included on the "USA-Nationwide” Mediators List, Chambers USA, 2023 and 2024
• Recognized as one of CPR’s (International Institute for Conflict Prevention & Resolution) Panels of Distinguished Neutrals
• Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Selected Presentations & Podcasts

• Speaker, “Opioids: Updates on Coverage, Claims and What Courts Say,” Practising Law Institute, October 10, 2023
• Podcast, “A Conversation with JAMS on the Evolving Cyber Insurance Landscape,” with Bruce A. Friedman, Esq., JAMS ADR Insights, June 13, 2023
• Speaker, “Cross-Fire: Responding to Data Breaches and Cyber Attacks Across Borders,” American Bar Association International Law Section, May 4, 2023
• Speaker, “Are Opening Sessions at Coverage Mediations Dead: Be the Client, Witness a Mock Opening, and Decide?” American Bar Association Litigation Section, March 3, 2023
• Speaker, “Mediation – Buying Your Peace: Effectively Mediating the Insurance Coverage Dispute,” DRI, December 8, 2022
• Speaker, “Insurer v. Insurer Battles – Should Where You Stand Always Depend on Where You Sit?” Federation of Defense and Corporate Counsel, November 10, 2022
• Speaker, “Opioids: Coverage, Claims and What the Courts Say,” Practising Law Institute, October 27, 2022
• Speaker, “Insurers’ and Insureds’ Perspectives on Current Issues in D&O Liability 2022,” New York City Bar Association, Insurance Law Committee and the Insurance Federation of New York, Inc., June 17, 2022
• Moderator, “Recent Developments Concerning Molestation Claims,” American Bar Association, Tort Trial & Insurance Practice Section, April 28, 2022
• Speaker, “Baffling Issues That Arise in Insurance Mediations – and How to Get Past Them! Part 2,” New York State Bar Association, Committee on Insurance Disputes, February 15, 2022
• Speaker, “Med Mal Mediation 360: What’s in a Claim?” Claims and Litigation Management Alliance, December 7, 2021
• Speaker, “The Impact of COVID-19 on the Judicial and Arbitration Process – Past, Present and Future,” Perrin Conferences, November 11, 2021
• Panel Leader, “Insurers’ and Insureds’ Perspectives on Current Issues in D&O Liability & Insurance 2021,” New York City Bar Association, Insurance Law Committee and The Insurance Federation of New York, Inc., October 15, 2021
• Speaker, “Cyber Insurance for a Hackable World: The Latest in Coverages, Litigation and Opportunities for Settlement,” JAMS and Mondaq, June 24, 2021
• Panel Leader, “Insurers’ and Insureds’ Perspectives on Current Issues in D&O Liability & Insurance 2020,” New York City Bar Association, Insurance Committee, November 6, 2020
• Speaker, “Read the Room: Coverage Arguments that Work in Court but May Backfire at Mediation,” American Bar Association, 2020 Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona, March 6, 2020
• Speaker, American Bar Association Tort and Insurance Practice Section’s Insurance Coverage and Litigation Committee’s Annual Meeting, Phoenix, Arizona, February 22-24, 2019
• Guest Lecturer, Mediating Cyber Coverage Disputes, Global Cyber Institute Session, July 24, 2018
• Faculty, Claims Litigation Management (“CLM”) School of Claims Mediation, Baltimore, Maryland, September 5-8, 2018
• Speaker, ACI M&A, RWI and Transitional Risk Insurance Conference, October 10-12, 2018
• Speaker, CLM New York Conference and Holiday Party, December 12, 2018

Background and Education

• American International Group (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, 1995-1998
• Attorney, Querrey & Harrow, 1991-1995
• J.D., Syracuse University College of Law, 1991
• B.A., University of California, Los Angeles (UCLA), 1988