Biography
Andrew S. Nadolna, Esq. is a mediator and arbitrator who excels in a wide range of matters and practice areas including accounting and finance, aviation, business/commercial, construction, cryptocurrency, cybersecurity & privacy, employment, environmental, insurance, personal injury/torts and professional liability.
Mr. Nadolna’s deep in-house insurance experience from 17 years spent in claims leadership positions at AIG, including tenure as Global Head of Casualty Claims, a position that was responsible for 2,000 employees and around $10B in claims payments annually, makes him particularly well-suited to handle cases where an insurance company is either a party or insures one or more of the parties to a dispute. During his years at AIG, Mr. Nadolna worked extensively and directly with lawyers, risk managers, general counsel and brokers. He also was involved as a company representative at mediation in cases of all kinds, including many cases involving severely injured plaintiffs, where he was able to have successful settlement discussions in many emotionally-charged cases.
Mr. Nadolna has in-depth and practical knowledge of nearly every form of first-party and third-party insurance, including cyber, supply chain, reps and warranties, primary and excess policies (all layers), CGL, professional liability, D&O, EPL, E&O, Bermuda form, London form, occurrence, claims made, integrated occurrence, fronted and captive insurance 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, 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.
Since joining JAMS, he has presided over numerous complex mediations and arbitrations including personal injury, professional liability, employment, construction defect, commercial, environmental, mass tort, insurance coverage and bad faith, reinsurance, and business/commercial.
A popular speaker on dispute resolution topics, Mr. Nadolna has presented to organizations including the Litigation and TIPS committees of the American Bar Association, the New York State Bar Association Commercial and Federal Litigation Section (ComFed), RIMS, Advisen, ARIAS-U.S., DRI, PLI and IADC. He has written extensively on Dispute Resolution involving cyber claims, including an article published in the Cardozo Journal of Conflict Resolution entitled “Why Arbitration of Cyber Coverage Disputes Makes Sense.”
Representative Matters
Insurance Coverage
D&O (Directors and Officers Insurance)
- Mediated D&O tower dispute involving a major pharmaceutical company and issues of relations back and multiple claims
- Mediated insurance coverage dispute regarding whether errors and omissions policy covered losses incurred due to a security compromise/successful phishing of a business email account in a wire fraud scheme
- Mediated insurance coverage dispute regarding whether defendant was obligated to pay reasonable amounts for damages claimed as settlements in the underlying claims; these damages included house expenses incurred by Plaintiff's clients following a cyber-attack on plaintiff
- Mediated insurance coverage dispute regarding insurers obligation to indemnify policyholder administering a government program under a cyber insurance policy following a demand by one of the policyholders’ grantees
- Mediated insurance coverage dispute between a gift card company and coin-cashing company to determine responsibility under the parties’ service agreement following a network breach that resulted in theft and loss of gift cards valued at several million dollars
- Mediated D&O coverage dispute over False Claims Act liabilities
- Mediated D&O coverage dispute over extent of coverage for unique Wage & Hour issues and whether the FLSA exclusion applied
- Mediated D&O coverage dispute over scope of trade secrets exclusion
- Mediated several D&O coverage disputes over allocation of defense costs among covered and uncovered entities and covered and uncovered causes of action under policies with and without allocation language
- Mediated several D&O disputes concerning investigative costs concerning subpoenas and search warrants
Cyber Insurance
- Mediated insurance coverage dispute in which insured claimed breach of contract and bad faith after suffering a loss due to a computer spearing attack
- Mediated insurance coverage dispute regarding whether errors and omissions policy covered losses incurred due to a security compromise/successful phishing of a business email account in a wire fraud scheme
- Mediated insurance coverage dispute regarding whether defendant was obligated to pay reasonable amounts for damages claimed as settlements in the underlying claims; these damages included house expenses incurred by Plaintiff's clients following a cyber-attack on plaintiff
- Mediated insurance coverage dispute regarding insurers obligation to indemnify policyholder administering a government program under a cyber insurance policy following a demand by one of the policyholders’ grantees
- Mediated insurance coverage dispute between a gift card company and coin-cashing company to determine responsibility under the parties’ service agreement following a network breach that resulted in theft and loss of gift cards valued at several million dollars
- 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 policy
- 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
- 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
Technical Errors & Omissions Insurance
- Mediated several disputes involving the extent of insurance coverage for alleged problems with software and system upgrades provided by technology companies under professional services agreements
Reps and Warranties
- Mediated reps and warranties coverage dispute concerning pre- and post-acquisition conduct, extent of seller’s indemnity and reasonableness of settlement amount
- Mediated reps and warranties (transactional insurance) coverage dispute involving a non-U.S. sell-side policy issued to a non-U.S. policyholder involving allegations that earnings had been overstated
Property Insurance
- Mediated dispute under inland marine policy involving extent of coverage for solar utility installation in the Caribbean
- Mediated several disputes involving vacant property policies
- Mediated property insurance coverage dispute between policyholder and consecutive insurers where loss was not discovered in vacant commercial property until subsequent policy period and additional losses occurred
- Mediated several storm losses involving commercial buildings
- Arbitrated hurricane claim involving Florida rental apartment complex
Pollution Insurance
- Mediated pollution insurance coverage dispute involving wastewater leaking from the pipeline of a fracking operation
- Mediation pollution insurance coverage dispute involving “speculative accumulation” of cathode ray tubes in a warehouse
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 eight-figure 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 coverage
- Mediated several asbestos and environmental coverage disputes under various types of historic policies
- Mediated numerous additional insureds, 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 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 breach of contract matter in which claimant alleged failure to settle trades conducted under an umbrella cryptocurrency purchase agreement
- Mediated cyber breach dispute regarding damages claimed as a result of an alleged failure by website designer to properly perform the contracted re-platforming service for the client, a digital media company
- Mediated class action cybersecurity dispute related to a ransomware attack which may have exposed protected personal and health information; plaintiff alleged that respondent failed to properly encrypt, protect, maintain or destroy the information that was subject of the attack
- Arbitrated cyber breach of contract dispute involving cryptocurrency known as EthereumMax or eMax
- Mediated dispute between a class action law firm and electronic discovery service provider alleging that discovery data had been erroneously deleted during the archival process and could not be recreated or restored; claimant alleged damages of approximately $1 million
- Mediated extent of coverage under a D&O policy for claims of computer fraud and abuse act violations and trade secret misappropriation
- Arbitrated cyberbreach dispute related to trade secrets
- Arbitrated Bitcoin trading dispute to conclusion
- Mediated dispute between companies sharing network access after a hacker gained access and stole several million dollars
Business/Commercial
- 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 disputes 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
- 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
- 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 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
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 insurance 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 errors. 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 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 accountant’s 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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