Andrew S. Nadolna, Esq. has presided over numerous complex mediations covering an array of practice areas including: business/commercial, class actions, construction defect, environmental, employment, government, insurance, and re-insurance, torts, mass tort, and professional responsibility. Mr. Nadolna understands the importance of evaluating risk and maintains that perspective for all parties during a mediation. Andrew’s clients rely on his expertise and past experience when he is reviewing the merits of each case to facilitate creative ideas that result in practical solutions for the most complex, high-stakes disputes.
Mr. Nadolna has a specific expertise in complex insurance disputes. Prior to joining JAMS, he worked for over 17 years in leadership positions at AIG, including tenure as Global Head of Casualty Claims. During his time at AIG, Mr. Nadolna settled cases directly with severely injured plaintiffs, lawyers, risk managers and general counsels of Fortune 100 companies. Mr. Nadolna has an in-depth and practical knowledge of nearly every form of claim under almost every form of liability policy including primary and excess policies (all layers), occurrence, claims made, integrated occurrence, occurrence reported, Bermuda and London forms, fronted deductible, captive and other complex risk transfer arrangements. Moreover, Mr. Nadolna has experience with CGL, umbrella, excess, professional liability, D&O, EPL, E&O, Bermuda form, London form, occurrence, claims made, integrated occurrence, fronted, guaranteed cost, advertising and personal injury, invasion of privacy, publication, cyber, technology, environmental, asbestos and mass tort, trigger, exhaustion and allocation, additional insured and contractual indemnity issues, insurer v. insurer claims, bad faith, unfair claims practices, rescission and reformation.
A popular speaker on complex insurance topics, Mr. Nadolna participates in speaking engagements for several organizations including ARIAS-U.S., ABA, DRI, IADC, RIMS, the Advisen Casualty Insights Conference, and others. He recently spoke at the ABA Insurance Coverage Litigation Committee session in Tucson Arizona in March of 2017 on the implications of the Viking Pump decision from the New York Court of Appeals.
Since joining JAMS, Mr. Nadolna has heard a multitude of cases. Select examples are as follows:
- Insurance coverage dispute involving wastewater from a fracking operation
- D&O defense costs coverage dispute involving insured and uninsured entities using the same law firm
- D&O coverage dispute involving False Claims Act liabilities
- Dispute among the participants in a fronted captive reinsurance program involving construction claims
- D&O coverage dispute between a major drug company and its insurance tower regarding whether certain litigation related back to a prior litigation
- Insurance coverage dispute about of whether the payment of certain attorney’s fees and class notice and administrative fees called for in the settlement agreement qualified as supplemental payments or damages under primary and excess policies
- Coverage dispute under a cyber policy involving loss of confidential patient data
- Claim of bad faith by excess carrier against primary carrier for failure to settle an underlying claim that went to verdict
- Construction defect and coverage dispute involving Chinese drywall
Representative Matters at AIG:
- Involved in numerous class actions involving the Fair Debt Collection Practices Act (FDCPA), Fair Labor Standards Act (FLSA), Telephone Consumer Protection Act (TCPA), class actions regarding invasions of privacy and the collection of personal information, state law consumer fraud and unfair business practices claims and related attorney fee issues
- Toxic torts including asbestos, lead and lead paint, diacetyl, agricultural chemicals and pharmaceuticals
- Involved in residential and commercial defect lawsuits, building products disputes on both private and public projects; professional liability claims against architects, engineers, construction managers; related insurance coverage issues including additional insured and contractual indemnity issues as well as trigger, allocation, exhaustion and other issues when multiple years of coverage may be at issue
- Competitive and business torts including misappropriation of trade secrets, Lanham Act, trade dress, trademark, intentional interference, and commercial disparagement
- Catastrophic injury claims resulting from vehicle accidents, food and drugs, negligence, pharmaceutical, premises liability, negligent security, products liability, toxic torts, asbestos, lead, lead paint and diacetyl
- Employment discrimination, harassment, retaliation, and wrongful termination