Marc is an esteemed litigator with over two decades of experience guiding insurers, reinsurers and brokers through high value, high stakes litigations and arbitrations. Marc is equally skilled at representing insurance and reinsurance clients in court and before US and international arbitration panels. He has successfully taken dozens of matters to trial and has resolved many more on favorable terms through motion practice or settlement. Because of Marc’s unique blend of expertise - which combines a deep proficiency in the (re)insurance business with the intricacies of courtroom and arbitration practice - clients frequently turn to Marc to guide them through their most challenging disputes As he is able to get up to speed quickly given his facility with a diverse range of insurance and reinsurance products, Marc is frequently called on to step in and take over trial proceedings or to provide a second look when clients need a fresh strategy to resolve a matter favorably.
Marc is committed to finding efficient and practical solutions for clients in pressurized situations and is highly focused on project management and cost predictability, to meet the business objectives of each client and on each project. For several years, Chambers USA has recognized Marc as a leading attorney in insurance and reinsurance dispute resolution, with clients praising his “tremendous expertise and a working knowledge of reinsurance law," his versatility in handling “any kind of case," and noting that he is “creative in finding solutions, very good in court and very practical” while taking a “very, very client-centered approach to reinsurance law.”
Marc is also deeply involved with ARIAS US - the premier US organization dedicated to enhancing insurance and reinsurance arbitrations for US and international clients - and currently serves on its Board of Directors and its four member Executive Committee, where he and other industry leaders are responsible for developing and enhancing arbitration products and defining the philosophical direction of the organization. Marc also co-chairs other ARIAS US Committees including the Education Committee (which he has co-chaired since 2015), the Arbitrators Committee, and the Forms & Procedures Committee. He also serves as the Co-Chair of the New York State Bar Association’s International Insurance and Reinsurance Committee.
Prior to joining Mintz, Marc worked at two boutique firms as well as an international firm specializing in insurance and reinsurance disputes.
Representative Reinsurance Matters
- Successfully represented certain London Market Company Reinsurers in a lengthy litigation proceeding in federal court arising out of a cedent’s $120 million settlement with its insured resolving environmental contamination exposure. The matter involved complex issues of allocation, enforcement of coverage periods, and application of choice of law.
- Represented a regional life insurer in a reinsurance arbitration against an international reinsurer involving reporting procedures for the cession of premium and presentation of claims.
- Represented a US based liability insurer in several complex reinsurance disputes in New York state and federal courts involving recoveries in excess of $50 million and defenses of allocation and notice.
- Represented US and UK based ceding companies and reinsurers in dozens of reinsurance arbitrations involving issues of notice, allocation, accumulation of loss, defense expenses, declaratory judgment fees and other coverage defenses and claims.
- Represented a UK based reinsurer in a $30 million reinsurance arbitration dispute involving rescission of a workers’ compensation program.
- Represented a US based captive insurer in a reinsurance arbitration against a market of European insurers and ultimately confirmed a $220 million recovery arising out of Mississippi flood losses.
- Represented a UK based insurer in a reinsurance arbitration enforcing our client’s “cut through” rights under a fronting arrangement.
- Represented a Latin American reinsurer in a dispute with a US Insurer arising out of a managing agency agreement
- Represented a US insurer in a reinsurance arbitration involving a non-performing self-insured retention
- Represented a US insurer in a reinsurance arbitration involving the “forced” commutation of a workers’ compensation program.
- Represented a US reinsurer in federal district court and appeals court involving challenges to its claims handling practices.
- Represented cedents and reinsurers in a series of reinsurance arbitrations involving long term care and healthcare reinsurance products.
Representative Insurance Matters
- Represented a US based insurer is a series of environmental coverage disputes against a “Fortune 500” company arising out of the contamination of the Kalamazoo River and various other sites. The disputes involved in excess of $50 million in umbrella coverage.
- Represented a major insurer in a series of “Bermuda Form” arbitrations arising out of the insured’s settlement of a dispute commenced by a former high level executive.
- Represented a South Carolina-based insurer in a series of disputes with another insurer arising out of an E&O Policy.
- Represented a US broker in Delaware litigation arising out of the placement of a complex D&O program.
- Represented a US broker in litigation based in New York court arising out of the placement of liability insurance program for a large real estate developer.
- Represented a major life insurance company in class action disputes concerning marketing practices for its variable annuity products.
- Advised a state department of insurance in connection with potential litigation between it and a regulated healthcare insurer.
- Represented the Lloyd's market in major subrogation litigation proceedings in various US jurisdictions. These matters include routine recoveries arising from contractual provisions as well as more complex matters including a recovery arising out of the largest fire in New Orleans history prior to Katrina as well as a recovery arising out of the theft of tens of millions of dollars of bank assets in a Latin American country.
Representative Commercial Dispute Matters
- Represented a biotech company in New York litigation proceedings stemming from a disputed loan transaction in excess of $80 million
- Represented a healthcare company in a dispute arising out of a self-funded medical coverage program.
- Represented a consulting company in New York litigation proceedings involving the restructuring of a mono-line financial guarantor.
News & Press
May 03, 2018
Events & Speaking
New York State Bar Association
Hilton Tokyo 6-6-2 Nishi-Shinjuku Shinjuku-ku, Tokyo, Japan 160-0023
AIDA Reinsurance and Insurance Arbitration Society
Marriott at the Brooklyn Bridge, Brooklyn, NY
International Bar Association
The Landmark London, London, England
1650 Market Street Philadelphia, PA 19103 & 242 Trumbull Street Hartford, CT 06103
Ethics Session: Vacating an Award: Lessons from the ICA v. Underwriters Decision
New York Marriott at the Brooklyn Bridge - 333 Adams St, Brooklyn, NY 11201
New York, NY
New York, NY
American Conference Institute
Palm Beach, FL
Recognition & Awards
- Chambers USA: New York – Insurance: Dispute Resolution: Insurer (2010 – 2022) (Band 2)
- Who's Who Legal: Insurance & Reinsurance (2017 - 2021)
- President, AIDA Reinsurance and Insurance Arbitration Society ("ARIAS US")
- Education, Forms & Procedures & Arbitrators Committee Co-Chair, AIDA Reinsurance and Insurance Arbitration Society ("ARIAS US")
- Co-Chair of the NY Bar, International Insurance/Reinsurance Committee
- Advisory Board Member, Self Help Africa
- Committee Member, New York State Bar Association, International Section