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Brian J. O'Sullivan

Senior Counsel

bosullivan@crowell.com
Phone: +1 212.803.4056
590 Madison Avenue, 20th Floor
New York, NY 10022-2544

Brian O'Sullivan is a senior counsel in Crowell & Moring's Insurance/Reinsurance practice group in the firm's New York office. Prior to joining the firm, Brian was a partner at other law firms in New York, where his practice focused principally on insurance and reinsurance dispute resolution.

Over the past twenty five years, Brian has represented insurance and reinsurance clients in negotiations, mediations, arbitrations and litigations involving both traditional and finite reinsurance, workers’ compensation carve-out reinsurance, property and casualty, life, accident and health insurance, as well as viaticals and life settlements. The issues involved in those matters include misrepresentation, non-disclosure, and rescission claims; complex issues of contract construction and underwriting intent, including number of occurrences, aggregate extension clauses and "event" language, the recoverability of expenses in addition to limits, DJ expenses and commutation payments, ECO, XPL, and annualization; late notice defenses; redomestications; privilege and access to records; pre-hearing security; broker liability; as well as all aspects of reinsurance arbitration and litigation procedure and practice.

Examples of Brian’s representations include:

  • representing ceding company in arbitration involving the recoverability of tens of millions of dollars under finite reinsurance agreement;
  • representing ceding companies and reinsurers in disputes concerning the allocation, aggregation and cession of asbestos, environmental and other claims;
  • representing workers compensation carriers and occupational accident reinsurers in arbitrations and litigations to collect hundreds of dollars from reinsurers/retrocessionaires alleging fraudulent inducement;
  • representing life insurer in arbitration to collect from reinsurer alleging fraud;
  • representing insurer in concurrent litigations with reinsurer on inwards and outwards contracts; and
  • representing insurers in coverage actions relating to asbestos and environmental claims.

Brian has also been actively involved in major  insurer restructurings and matters involving the rehabilitation and liquidation of domestic and foreign insurance and reinsurance companies.  He has also advised insurers, reinsurers and investors regarding reinsurance structures and contract wording issues relating to variable annuity products and reinsurance contract wording issues relating to insurance-linked securities

Education

  • Boston College, B.A. (1987) cum laude
  • Fordham University School of Law, J.D. (1990)

Affiliations

Admitted to practice: New York; U.S. District Courts for the Southern and Eastern Districts of New York

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"Second Circuit: "Follow The Settlements" Does Not Bind a Reinsurer to Settlements Inconsistent With The Unambiguous Terms of the Reinsured Policy," Insurance/Reinsurance Alert (April 30, 2020). Contacts: Harry P. Cohen, Michael K. Robles, Kelly H. Tsai, Brian J. O'Sullivan
Client Alert / Newsletter
"Issues to Consider When Dealing With Non-US counterparties," Re Contracts 2019 Conference: The Art of Designing Reinsurance Contracts and Programs, New York, NY (July 25, 2019). Speaker: Brian J. O'Sullivan.
Speech/Presentation
"New York District Court Finds Follow-the-Fortunes and Follow-the-Settlements Are Not Implied in Facultative Certificates," Insurance/Reinsurance Alert (April 5, 2019). Contacts: Harry P. Cohen, Michael K. Robles, Kelly H. Tsai, Brian J. O'Sullivan
Client Alert / Newsletter
"U.S. Supreme Court Holds That Federal Courts May Not Address Threshold Arbitrability Issue Where the Parties’ Agreement Delegates That Question to the Arbitrators," Insurance/Reinsurance Alert (January 11, 2019). Contacts: Harry P. Cohen, Michael K. Robles, Brian J. O'Sullivan, Kelly H. Tsai
Client Alert / Newsletter
"Confirmation of Arbitration Awards: Second Circuit Rules That Arbitration Panels Have the Authority To Clarify an Otherwise Final Award," Insurance/Reinsurance Alert (December 20, 2018). Contacts: Harry P. Cohen, Michael K. Robles, Brian J. O'Sullivan, Kelly H. Tsai
Client Alert / Newsletter
"Vacatur Based On Evident Partiality: Second Circuit Holds That Different Standards Apply To Party-Appointed Arbitrators and Umpires," Insurance/Reinsurance Alert (July 19, 2018). Contacts: Brian J. O'Sullivan, Harry P. Cohen, Michael K. Robles, Kelly H. Tsai, Laura Foggan
Client Alert / Newsletter
"New York Court of Appeals Issues Decision on Bellefonte Issue," (December 14, 2017). Contacts: Harry P. Cohen, Michael K. Robles, Brian J. O'Sullivan, Kelly H. Tsai
Client Alert / Newsletter
"What a Headache: Mock Reinsurance Arbitration and Roundtable Concerning Sports-Related Head Injuries," AIRROC 2013 West Coast Insurance and Reinsurance Conference, Newport Beach, CA (September 19, 2013). Speakers: Michael K. Robles and Brian J. O'Sullivan.
Speech/Presentation
"Risk Sharing Among Plans Under the Affordable Care Act's Reinsurance, Risk Corridor, Risk Adjustment Programs," Bloomberg BNA Health Insurance Report, Vol. 18, No. 18 (May 2, 2012). Author: Brian J. O'Sullivan.
Publication
"Full Disclosure Is Not Always a Panacea," ARIAS Quarterly U.S. (First Quarter 2012). Author: Brian J. O'Sullivan.
Publication

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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