TOM CUNNINGHAM has represented insurers in complex insurance and reinsurance litigation, arbitration and regulatory investigations for nearly 25 years. Tom has repeatedly been asked to replace prior counsel, sometimes after discovery has closed, to prepare high stakes cases for trial.
He regularly represents insurers in both property/casualty and life/health matters. He has represented clients in state insurance department investigations and market conduct examinations respecting insurer sales practices, annuity suitability and costs of insurance issues, MGU and TPA agency contracts and disputes, and unclaimed property practices. Tom has litigated or arbitrated disputes involving allocation and aggregation of losses, bad faith, late notice, follow-the-fortunes, utmost good faith, ownership of expiration rights, consolidation of arbitration, commutations and loss portfolio transfers. He also advises insurers on HIPAA and privacy issues.
Tom has been recognized by Chambers USA (2011–2021) and was selected by his peers for inclusion in The Best Lawyers in America (2011–2019) in the field of insurance law. He is also a member of the firm’s Professional Responsibility committee.
Representative matters include:
- Trial counsel representing CEO of healthcare concern in $105 million dollar contract dispute. Stacy v. ASR, et al., No. 16-1224 (W.D. Mich.).
- Trial counsel in reinsurance dispute where jury returned a verdict in excess of $64 million after three-week trial. Verdict was third largest awarded in New York in 2017. Utica Mutual Insurance Co. v. Fireman’s Fund Ins. Co., No. 6:09-cv-00853 (N.D.N.Y.).
- Trial counsel in reinsurance dispute respecting asbestos claims. Utica Mut. Ins. Co. v. Clearwater Ins. Co., No. 6:13-cv-1178 (N.D.N.Y. Jan. 2016).
- Replaced prior counsel in defense of bad faith lawsuit ongoing for two years respecting insurer’s case reserves and IBNR practices. Within three months of my appointment, secured ruling requiring plaintiffs to post millions in pre-pleading security or face dismissal of their action. The case settled shortly thereafter. Francis L. Dean & Assocs. v. Riverport Ins. Co. (Cir. Ct Cook Cty, Ill. Nov. 2015).
- Replaced prior counsel one month before written discovery closed in a fraud action against third party administrator of health claims. Developed new theory from existing evidence. Case settled favorably after depositions bore out our theory. Trustmark Ins. Co. v. UnitedHealthCare, et al., No. 09-6825 (N.D. Ill. 2012).
- Trial counsel for Continental Insurance Company and Continental Casualty Company in reinsurance dispute over $900 million asbestos settlement. Secured favorable settlement following successful discovery motions. United States Fid. & Guar. Co., et al. v. American Re-Ins. Co., et al., No 604517/02 (N.Y. Cty.)
- AcandS, Inc. v. Aon Risk Services, No. 01-3277 (E.D. Pa.). Brought on as trial co-counsel after close of discovery in insurance broker malpractice case. Secured complete defense verdict at trial, as well as a finding of negligence against policyholder.
- Trial counsel in over 30 confidential reinsurance arbitrations.