Welcome to my insurance and reinsurance blog and my home page.
Introducing Schiffer Law & Consulting PLLC
After 38 years with boutique and global law firms, on August 1, 2020, I launched an independent law and consulting practice, Schiffer Law & Consulting PLLC.
Are you looking for a Chambers-ranked New York lawyer with both boutique and global law firm experience for matters in the insurance and reinsurance space? I am a client-service oriented litigator with over 37 years’ experience litigating and arbitrating insurance and reinsurance disputes, complex commercial litigation, and insurance regulatory matters. I have decades of experience providing insurance and reinsurance counsel and advice on insurance and reinsurance claims, contract wording, inspections, audits, dispute resolution, commutations and recaptures, insurance insolvency, due diligence for corporate transactions and investments, cyber insurance and related insurance and reinsurance issues. My experience spans both the property and casualty and the life and health markets, including long-term care, captives, runoff entities and surplus and excess lines. Additionally, I have been a commercial mediator for the United States District Court for the Southern District of New York and the New York Supreme Court, Commercial Division, for 28 years and have mediated around 100 civil disputes ranging from employment discrimination to breach of contract, including litigation by a world championship boxer stripped of his title. I am also a neutral hearing officer at National Arbitration and Mediation (“NAM”) and a certified qualified mediator by ARIAS·U.S., and available for arbitrations and mediations.
The Three Facets of My Services
For over 38 years, I have represented insurance and reinsurance companies in insurance coverage, reinsurance and other insurance-related disputes, including insurance insolvencies, premium collection and regulatory and administrative proceedings. I now have much more flexibility on rates. Where necessary, I will affiliate with a law firm as co-counsel for litigation and associate support. I have worked on some of the largest reinsurance and insurance coverage disputes, including the World Trade Center Respiratory Coverage Litigation; The NFL Concussion Coverage Litigation, a significant Madoff bond dispute and the Unicover debacle reinsurance arbitration. I have tried numerous reinsurance arbitrations to successful final awards. I am familiar with a majority of the active reinsurance arbitrators and understand what arbitrators expect to see at the arbitration hearing. I also act as coordinating and supervising counsel on multiple dispute situations.
I provide advice to insurers, reinsurers, brokers, captives, and other entities on a wide variety of issues. Services include review, analysis and drafting of contract wording; reinsurance audits and inspections; insurance and reinsurance insolvency issues; analysis of insurance and reinsurance programs and contracts as part of due diligence for corporate transactions; advice on communications, policies and procedures between insurers, reinsurers and brokers; advice and drafting of commutation and recapture agreements; advice on dispute resolution provisions; claims analysis; and advice on reinsurance cessions and notice issues. I provide litigation and arbitration support and guidance where retained counsel is not familiar with reinsurance or the complexities of reinsurance arbitration. I also serve as an expert on New York law, especially in the insurance and reinsurance context. Finally, I provide educational services to companies and law firms on insurance and reinsurance issues.
MEDIATION & ARBITRATION SERVICES
As a mediator for 29 years, and now a neutral at National Arbitration and Mediation (“NAM”), I have a wide array of experience with all sorts of commercial and civil disputes, including insurance and reinsurance matters. I was in one of the first classes certified as volunteer mediators for the SDNY. I have a very good record as a mediator in helping parties reach settlement. I have also served as an advocate in several insurance coverage and reinsurance mediations. I have over 33 hours of mediation training from organizations like CPR, ARIAS•U.S., SDNY and the New York Commercial Division. I have been involved in dozens of reinsurance and insurance arbitrations as an advocate and was appointed as an arbitrator in several disputes. I have spoken and written extensively on arbitration and have been involved for decades in training arbitrators as an active member of ARIAS•U.S., where I serve on the Ethics Committee, the Technology Committee and as the Editor of the ARIAS Quarterly. I also helped draft the ARIAS Neutral Panel Rules.
10301 Beech Tree Lane
Plainview, NY 11803
Author, Chapter 15, Reinsurance, Insurance Law Practice, Third Edition, (John M. Nonna et al. eds., New York State Bar Association, 2019)
Expert Commentaries, Reinsurance, published quarterly on IRMI.com
A Brief Review of Reinsurance Trends, published yearly in Westlaw Journal Insurance Coverage
Blog: Schiffer on Re-Insurance
Albany Law School of Union University, 1979, J.D. cum laude, Member, Albany Law Review, Justinian Society
Brooklyn College, City University of New York, 1976, B.A., magna cum laude
Bar and Court Admissions
New York State
Southern District of New York
Eastern District of New York
United States Court of Appeals, Second Circuit
United States Court of Appeals, Ninth Circuit
Client service-oriented litigator with over thirty-seven years’ experience litigating insurance and reinsurance disputes, complex commercial disputes, and insurance regulatory matters. Provides insurance and reinsurance advice on claims, contract wording, procedures, dispute resolution, commutations, insolvency, corporate transactions and related issues. Prolific author and speaker for industry and bar associations and actively involved in industry organizations.
Independent legal and consulting practice, Schiffer Law & Consulting PLLC, August 1, 2020 to present
Hearing Officer/Neutral, National Arbitration and Mediation (“NAM”), January 15, 2021 to present
Senior Partner/Partner, Squire Patton Boggs (US) LLP, June 2014 to July 31, 2020
Partner, Patton Boggs LLP, April 2012 to May 2014
Partner, Dewey & LeBoeuf LLP, October 2007 to April 2012
Partner, LeBoeuf, Lamb, Greene & MacRae LLP, July 1999 to October 2007
Partner, Werner & Kennedy, 1987 to June 1999
Associate, Cabell, Kennedy & French, 1982-1987
Law Assistant to the Justices of the New York State Supreme Court, Appellate Division, Second Department, 1979-1981
• Represented a retrocedent in an economically significant life reinsurance dispute over unilateral termination rights for in-force business
• Represented first named insurance carrier plaintiff in a major declaratory judgment action concerning insurance coverage for personal injuries arising out of mild traumatic brain trauma of former National Football League players
• Represented London Market in litigation with the World Trade Center Captive Insurance Company over coverage for over 10,000 plaintiffs claiming respiratory injuries arising out of the September 11, 2001 terrorist attack on the World Trade Center
• Represented lead blanket bond insurer in a declaratory judgment action concerning claims arising out of the Madoff Ponzi scheme
• Represented a major reinsurer in the Unicover debacle in a confidential multi-party arbitration and related litigation
• Performed insurance and reinsurance due diligence for numerous insurance and non-insurance corporate transactions
• Recognized by the Chambers USA Guide; The Legal 500, Legal 500 Hall of Fame; The International Who’s Who of Insurance & Reinsurance Lawyers – Global Elite Thought Leader; Expert Guides, Best of the Best USA, Insurance & Reinsurance; Guide to the World’s Leading Insurance & Reinsurance Lawyers; Super Lawyers, U.S. News & World Report’s, The Best Lawyers in America®, Lexology Legal Influencer, Lexology Client Choice Award – Insurance and Reinsurance
• Past Chair, Cybersecurity & Data Privacy Committee of the American Bar Association’s Section on Tort, Trial and Insurance Practice; Past Chair, Excess, Surplus Lines & Reinsurance Committee; Past Chair, Technology Committee (three times)
• Past Chair, New York State Bar Association’s Committee on Association Insurance Programs (nine years)
• Past Chair, ARIAS•U.S. Technology Committee; Member, ARIAS•U.S. Ethics Discussion Committee; Editor, ARIAS•U.S. Quarterly
• Past President, Albany Law School National Alumni Association
• Past Member, Albany Law School Board of Trustees
• The Dick Kennedy Award, ARIAS•U.S.
• The National Law Review Go-To Thought Leader Award
• Edmund S. Muskie Pro Bono Award, ABA/TIPS
• Andrew C. Hecker Memorial Award, ABA/TIPS
• Mediator, United States District Court for the Southern District of New York, New York Supreme Court