Mary A. Lopatto

Partner

Practice Description

Mary A. Lopatto is the Managing Partner of the Washington, D.C. office of Chadbourne & Parke LLP. She is a senior member of the insurance and reinsurance practice group and has more than 25 years of experience in insurance and reinsurance dispute resolution. She is a former Chairman of the AIDA Reinsurance and Insurance Arbitration Society (ARIAS-U.S.), the leading association for the insurance and reinsurance arbitration community.

Ms. Lopatto has represented clients on both the ceding and assuming side in numerous U.S. arbitrations. She has recently handled disputes involving workers compensation, boiler and machinery, and asbestos liability and allocation issues and also has considerable experience with catastrophic reinsurance issues.

Ms. Lopatto specializes in complex and large-scale international arbitrations of disputes under the Bermuda form and subject to the Bermuda International Conciliation and Arbitration Act 1993. Leading a team of lawyers from the Firm's Washington, D.C. and London offices, she has handled major arbitrations involving the reinsurance of Bermuda captives with respect to professional liability and product liability issues. Other Bermuda arbitrations have concerned environmental liability, reinsurance allocation disputes, and employment class actions.

Throughout her career, Ms. Lopatto has appeared in U.S. federal and state courts representing clients with respect to motions to compel arbitration and to confirm (or vacate) arbitration awards, motions for security awards, applications for preliminary and permanent injunctive relief, and motions for and against stays of arbitration in bankruptcy proceedings. She has extensive experience with both property/casualty and life, and health insurance and reinsurance disputes. In addition, she has counseled clients in the U.S., London, and European markets with respect to financial reinsurance matters, contract wordings, and U.S. insolvency issues and regulatory requirements.

Representative Matters

In addition to the matters noted above, Ms. Lopatto has:

• Obtained a multi-million dollar award against a European reinsurer in an arbitration involving professional liability claims arising from employment class actions;
• Obtained a rescission award against a U.S. cedent in an arbitration concerning workers compensation insurance claims;
• Handled a series of arbitrations against a reinsurer involving significant pollution claims and complex matters of allocation and contribution;
• As instructing counsel, obtained injunctive relief in Bermuda courts and advised her client with respect to an appeal from the Bermuda Court of Appeal to the Privy Council in London;
• In a matter involving crop insurance for a Midwestern ceding company, obtained a $38 million security award against a U.S. reinsurer and obtained confirmation of the award by a New Jersey federal court;
• Obtained a multi-million dollar award on summary judgment against a U.S. reinsurer holding that facultative certificates follow form to the underlying policies and respond to asbestos bodily injury claims on an aggregate basis;
• Obtained a multi-million dollar award for a ceding company for the costs of maintaining inuring catastrophic coverage and Florida Hurricane Catastrophic reinsurance, during the treaty run-off period; and
• Obtained a $20 million letter of credit for a ceding company from its reinsurer in a dispute concerning Guaranteed Mortality Death Benefit products.

Honors

Activities and Affiliations

• Ms. Lopatto has served on the Board of Directors for ARIAS-U.S. from 1999-2007. 
• She served as Chairman of ARIAS-U.S. from 2005-2007 and was an active member of the Long Range Planning Committee, a project she initiated during her tenure as Chairman. 
• She is an Honorary Member of the Commercial Bar Association (COMBAR) North American Committee, comprised of members of the English commercial bar and leading commercial advocates from other countries. 
• She serves as a Trustee of The Wyoming Seminary Preparatory School, an independent college preparatory school in Kingston, Pennsylvania.  She is a member of the Board’s Executive Committee. 
• She is a member of the Wilkes-Barre (Pennsylvania) Law and Library Association 
• She is a former General Counsel of a Washington, D.C. professional association, Women in Government Relations (WGR).

Publications

Speeches and Events