We are committed to assisting companies with efficiently resolving disputes.
Elaine Caprio of Caprio Consulting has significant legal, claims, and underwriting re-insurance experience concerning property casualty coverages and long tail disputes.
“The purpose of the arbitration process is to have industry people decide industry disputes in a fair and expeditious manner at a reasonable cost.”
— Mike Sapnar, President & CEO Transatlantic Holdings; 2012 ARIAS-U.S. Spring Conference Keynote Address
THE STATE OF REINSURANCE ARBITRATION
There is a wide divergence between the way reinsurance arbitration was meant to work when it was selected as the method of choice to resolve disputes surrounding reinsurance contracts, and the way arbitration is conducted today.
“Easily the most ‘broken’ area of reinsurance arbitrations relates to the structure and formation of the three-member arbitration panel itself and how it functions once constituted. It is now a far cry from a disinterested and impartial panel of three wise men (or women).” The Current State of Reinsurance Arbitration: Addressing the Common Areas of Complaint. 2003 ARIAS-U.S. Quarterly, Anne Quinn, Jack Whittle, General Reinsurance Corporation.
In 2011, when she was on the Board of Directors for ARIAS-U.S., Elaine Caprio co-authored an article announcing a project for ARIAS-U.S. to improve arbitration by examining the use of neutral panels, recapturing beneficial elements from the original reinsurance process, and exploring the use of mediation during the arbitration process. ARIAS-U.S. Announces Company Project To Improve Arbitration, 2011 ARIAS-U.S. Quarterly, Dan FitzMaurice and Elaine Caprio Brady. http://www.ARIAS-3Q-2011-Quarterly.pdf.
Elaine Caprio remains committed to assist with improving arbitration for the benefit of the re-insurance industry. She recently authored an article for the ARIAS-US Quarterly suggesting a prototype for a next generation Arbitration Clause to utilize for insurance and reinsurance disputes. A Prototype For a Next Generation Arbitration Clause, 2016 ARIAS-U.S. Quarterly, Pages 21-23, Elaine A. Caprio. http://www.arias_q1_2016.
SERVICES AND EXPERIENCE
Elaine is accepting Mediation Appointments, as well as Party Appointed, Neutral or Umpire Arbitrator Nominations or Appointments for insurance and reinsurance arbitrations. She is an ARIAS-U.S. Certified Arbitrator, and ARIAS-U.S. Qualified Mediator, with 25 years of re-insurance experience and legal experience handling complex insurance coverage cases and reinsurance claims disputes.
In addition to her general insurance and reinsurance knowledge relating to property and casualty business, Elaine has significant experience in the following areas:
- Asbestos, pollution and toxic tort coverage disputes
- General Liability and casualty insurance
- Property catastrophe insurance
- Workers' compensation insurance
- Reinsurance contract wordings
- Insurance Linked Securities and Alternative Capital
- Reinsurance collections