Biography
Andrew Nadolna is a mediator and arbitrator with experience in a wide range of matters and practice areas including accounting and finance, aviation, business/commercial, construction, cryptocurrency, cybersecurity & privacy, employment, environmental, insurance coverage, insurance subrogation, reinsurance, personal injury/torts and professional liability.
Mr. Nadolna has a particular focus on cases in which insurance is involved. He has deep in-house insurance experience, including serving as Global Head of Casualty Claims at AIG and has mediated and/or arbitrated cases involving nearly every form of first party and third-party insurance including cyber, primary and excess policies (all layers), CGL, professional liability, directors and officers, employment practices liability, kidnap and ransom, errors and omissions, Bermuda form, London form, occurrence, claims made, integrated occurrence, fronted and captive insurance, supply chain, commercial property (including business interruption), reinsurance and transactional insurance (reps and warranties). He has experience with underlying claims and coverage disputes involving advertising and personal injury, invasion of privacy, publication, cyber, technology, environmental, asbestos, construction defect, mass tort, pharmaceuticals, medical devices, energy and construction industry risk transfer issues as well as every variety of bad faith allegation, unfair claims practices, and rescission and reformation.
A popular speaker on dispute resolution topics, Mr. Nadolna has presented to organizations including American Bar Association Litigation and TIPS Committees, New York State Bar Association Federal and Commercial Section, New York City Bar Association, RIMS, Advisen, ARIAS-U.S., Practicing Law Institute, DRI and IADC. He has written extensively on dispute resolution as well.
Representative Matters
Insurance Coverage
D&O (Directors and Officers 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 exposures, misappropriation of trade secrets, allocation and coverage for investigative costs concerning subpoenas and search warrants.
- 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 a cyber policy for in house labor and expenses to remediate
- Mediated 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
- Mediated dispute involving allocation of ransomware losses between cyber and kidnap and ransom policies
- Mediated dispute concerning extent of credit monitoring coverage under a 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
Media and Errors & Omissions Insurance (including Technology Errors & Omissions)
- Mediated multi-million dollar coverage dispute involving invasion of privacy and related claims by a celebrity against a media company, including allocation between media and CGL towers
- Mediated dispute about extent of coverage under a 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
Reps and Warranties (Mergers & Acquisitions and 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 a non-U.S. sell-side policy issued to a non-S. policyholder involving allegations that earnings had been overstated
Property Insurance
- Mediated numerous disputes concerning extent of coverage, including for business interruption, as the result of hurricanes and other storms as well as explosions and other causes of loss
- Arbitrated extent of hurricane caused-losses under a commercial property policy for an apartment complex in Florida
- Mediated dispute under inland marine policy involving extent of coverage for solar utility installation in the Carribean
- Mediated several disputes involving vacant property policies
Pollution Insurance
- Mediated pollution insurance coverage dispute involving wastewater leaking from the pipeline of a fracking operation
- Mediation pollution insurance coverage dispute involving warehousing old technology products
CGL (Commercial General Liability Insurance)
- 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 the underlying settlement agreement qualified as supplemental payments or damages
- Mediated 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
- 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 sexual assault and abuse claims
- Mediated disputes involving fronting, captive and high deductible insurance policies
Bad Faith Disputes
- Mediated 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
- Mediated bad faith dispute between primary and excess general liability carrier over verdict in personal injury case that was above primary limits
Cybersecurity/Smart Contracts, Blockchain and Cryptocurrencies
- Arbitrated Bitcoin cryptocurrency trading dispute to conclusion
- Mediated dispute between companies sharing network access after a hacker gained access and stole several million dollars
- Mediated multiple disputes between companies regarding responsibility for business email compromise losses
Business/Commercial/Aviation
- Mediated aviation dispute between air cargo company and its aircraft servicer with allegations that failure to provide proper engine service led to bankruptcy
- Mediated several construction defect dispute between individual homeowners, homeowners associations, developers and contractors concerning alleged building and design defects leading to water intrusion in luxury penthouses
- Mediated dispute involving interior design project for luxury apartment.
- Arbitrated Telephone Consumer Protection Act claim involving the issue of whether a debtor consented to receiving collection calls on a mobile line
- Mediated claim by corporation that CEO had breached fiduciary duties and interfered with corporate opportunities
- Mediated numerous disputes between insurers and third party administrators over claims handling, program administration and billings including one settling for in excess of $20 million between a life insurance company and its managing general underwriter in what was essentially a termination to a long standing business relationship\
- Mediated significant property damage dispute between truck engine company and parts manufacturer
- Mediated several disputes over workers compensation premium calculations and whether programs were classified as guaranteed cost or not
Employment
- Arbitrated a dispute between a C-suite executive and the company concerning potential theft of confidential company information and technology and issues of compensation under a profit sharing arrangement.
- Arbitrated a request for a preliminary injunction regarding breaches of an asset purchase agreement and breaches of respective employment agreements after a former executive employee allegedly started a business in direct competition with their former employer including allegations of theft of trade secrets
- Mediated a dispute between a financial advisor and his former employer after the employee filed a suit alleging fraudulent inducement
- Mediated a dispute between terminated public company executives and the 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 the defense industry
- Mediated Fair Labor Standards Act and New York Labor Law claims concerning overtime and breaks
Personal Injury
- Mediated post-trial a case involving a verdict in excess of $20M for a plaintiff who became a paraplegic after a fall from a roof
- Mediated a 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
- 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.
Professional Liability
- Legal malpractice dispute between insurer and coverage counsel based on advice that allegedly led to a denial of coverage and exposure in excess of policy limits
- Several legal malpractice lawsuits involving underlying bodily injury cases and expired statutes of limitations
- Mediated several nsurance broker errors and omissions dispute where broker was alleged to have failed to procure sufficient or appropriate coverage for commercial enterprises
- Dispute between reinsurer, program manager and broker concerning the administration of a captive insurance program providing CGL insurance to contractors
- Accounting malpractice case involving national accounting firm sued for causing bankruptcy of a former commercial client through a series of alleged accounting Case involved the bankruptcy trustee, several creditors, and an accountant's malpractice insurer.
- Accounting malpractice case involving celebrity client and issues concerning a foreign investment trust
- Mediated dispute between class action action attorneys and their e-discovery vendor over lost documents
International
- Mediated transactional risk (reps 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 a 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 accountants malpractice claim involving foreign investment trust
- Mediated numerous disputes involving non U.S. based insurers
- Mediated Israeli property damage coverage dispute involving potential coverage under a multi-national insurance policy
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
Honors
- Recognized as one of CPR’s (International Institute for Conflict Prevention & Resolution) Panels of Distinguished Neutrals
Speaking Engagements
- Moderator at the New York City Bar Association Insurance Committee Virtual Conference on D&O Insurance Update on November 6, 2020
- Speaker at the American Bar Association Litigation Section’s Insurance Coverage Litigation Conference in Tucson, Arizona on March 7, 2020
- Guest lecturer at the Global Cyber Institute session on July 24, 2018 on Mediating Cyber Coverage Disputes
- Faculty at the Claims Litigation Management (“CLM”) School of Claims Mediation in Baltimore, Maryland from September 5-8, 2018
- Speaker at the ACI M&A, RWI and Transitional Risk Insurance Conference on October 10-12, 2018 in New York City
- Speaker at the CLM New York Conference and Holiday Party on December 12, 2018
- Speaker at the American Bar Association Tort and Insurance Practice Section’s Insurance Coverage and LItigation Committee’s Annual meeting in Phoenix on February 22-24, 2019
- 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., UCLA, 1988
Counsel Comments
- “I do not believe we would have made it to the finish line without [Andrew's] efforts. Knowing when to listen and when to push are critical for any mediator and [Andrew] exhibited both qualities throughout this lengthy mediation. Nice work.”
- “Mediator Nadolna’s approach was very effective. He has great instincts and worked hard to achieve an efficient and successful resolution of a difficult case in an uninsured wage and hour (overtime) lawsuit. I highly recommend choosing him and hope to have an opportunity to work with him again in the future.”
News
Events
Practice Areas
- Business/Commercial
- Class Action/Mass Tort
- Construction Defect
- Cybersecurity & Privacy
- Employment
- Environmental
- Insurance
- Personal Injury/Torts
- Professional Liability
Locations
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