Andrew S. Nadolna, Esq. is an insurance-focused mediator and arbitrator who excels in cases where an insurance company is either a party or insures one or more of the parties to a dispute. He utilizes his deep in-house insurance experience obtained in 17 years 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. 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 policy including cyber, 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 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 including personal injury, professional liability, employment, construction defect, commercial, environmental, mass tort, insurance coverage and bad faith, reinsurance, and business/commercial. He is comfortable handling any matter that may involve an insurer in any capacity.
A popular speaker on insurance and dispute resolution topics, Mr. Nadolna has presented to organizations including American Bar Association Litigation Committee, New York State Bar Association Federal and Commercial Section, RIMS, Advisen, ARIAS-U.S., DRI, 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.”
Insurance Coverage and Bad Faith Disputes
- Mediated multi-million dollar coverage dispute involving invasion of privacy and related claims by a celebrity against a media company
- Mediated D&O tower dispute involving a major pharmaceutical company
- Mediated reps and warranties coverage dispute involving a non U.S. sell-side policy issued to a non U.S. policyholder
- 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 pollution insurance coverage dispute involving wastewater from a fracking operation
- Mediation pollution insurance coverage dispute involving “speculative accumulation” of cathode ray tubes in a warehouse
- 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 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 8 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 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 trading dispute to conclusion
- Mediated dispute between companies sharing network access after a hacker gained access and stole several million dollars
- 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
- 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
- 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 7 and 8 figure NY Labor Law cases
- 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
- Insurance broker errors and omissions dispute where broker was alleged to have failed to procure sufficient law and ordinance coverage for a chain of hotels
- 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.
- 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