David A. Attisani

USA: Massachusetts

Choate Hall & Stewart LLP
Two International Place
MA 02110

Tel: +1 617-248-5271
Fax: +1 617-248-4000

Email: dattisani@choate.com
Web: www.choate.com

David Attisani is co-chairman of the firm’s Insurance & Reinsurance Group, one of the leading practices of its kind in the US, which is top-ranked by Reactions (#1 reinsurance and litigation firm in 2012) and by The 2013 Legal 500 guide to preeminent law firms. He is also co-chairman of the ABA’s Reinsurance Subcommittee.

Mr. Attisani was named one of Law360’s “10 Most Admired Insurance Attorneys in America” for 2010—out of 1016 nominations from 100 firms. He was also elected to The International Who’s Who of Insurance & Reinsurance Lawyers (2005-2012), and to the World’s Leading Insurance and Reinsurance Lawyers (2006-2013). Mr. Attisani was also elected to Best of the Best USA (2009-2013) in Insurance & Reinsurance, which recognizes only 30 US industry professionals. He is one of only 12 reinsurance lawyers listed in The 2013 Legal 500’s elite “Leading Lawyers” category, a designation he also received in 2012 and 2011. Mr. Attisani is listed in Best Lawyers in America for Insurance Law (2012-2013), and as a Massachusetts Super Lawyer.

Mr. Attisani is also a fellow in the American College of Coverage and Extracontractual Counsel, a group of preeminent insurance and reinsurance lawyers in the US and Canada. Membership is by nomination only and is limited to 1,000 lawyers who must have at least 15 years of experience.

  • Currently represent top reinsurer in well-publicized dispute involving fungal contamination allegedly attributed to pharma products.
  • Currently serve as lead counsel in the “Big Dig”/Central Artery Connector coverage litigation.
  • Currently represent top cedent in connection with clergy abuse claims.
  • Currently represent domestic reinsurer in $100 million property/captive reinsurance dispute.
  • Currently represent top 10 global reinsurer in connection with losses emanating from allegations of sexual abuse by clergy.
  • Currently represent domestic cedent in connection with losses emanating from the financial crisis.
  • Recently and successfully represented top reinsurer in connection with World Trade Center (9/11) losses.
  • Recently and successfully represented major US ceding company in connection with World Trade Center (9/11) losses.
  • Recently and successfully represented domestic cedent in connection with claims involving the Boy Scouts of America.
  • Recently and successfully represented top reinsurer in dispute involving treaty’s mechanism for “special acceptances.”
  • Recently and successfully represented domestic reinsurer in dispute over cover for unallocated expenses.
  • Recently and successfully represented domestic cedent in aggregation dispute involving food-related injuries.
  • Recently and successfully represented domestic cedent with respect to claims emanating from large asbestos losses.
  • Recently and successfully represented London insurer in coverage dispute adverse to California and English policyholders.
  • Recently and successfully represented top US cedent in dispute over declaratory judgment expenses.
  • Recently and successfully represented MGA in contract wording dispute.
  • In 2010-2011, represented 14 different reinsurers located in Japan, Germany, France, the United Kingdom, and the United States in domestic litigation involving ECO, XPL, and allocation disputes.
  • In June 2010, obtained summary adjudication award for Top 10 reinsurer in net retention dispute.
  • Successfully represented major domestic cedent in three arbitration matters and collected more than $60M in principal reimbursements, plus interest, from 2006-2008.
  • Argued summary judgment on behalf of Swiss Re in the US District Court for the District of Massachusetts in 2003 and in the US Court of Appeals for the First Circuit in 2005.
  • Commercial Union Ins. Company. v. Swiss Reinsurance America Corporation
  • Obtained dismissals for two Bermudan MGA’s in the US District Court for the Southern District of New York and Second Circuit in 2000-2001.
  • Odyssey Re (London) Limited v. Stirling Cooke Brown Holdings Limited (“Sphere Drake”).
  • Successfully represented Hartford affiliate on appeal of fraudulent inducement/RICO decision.
  • Compagnie de Reassurance d’Ile de France. v. New England Reinsurance Corporation, 1st Cir. 1995.

Experts in Insurance & Reinsurance Coverage and Counseling
Represent and counsel national and multinational insurers, reinsurers and intermediaries in complex litigation, arbitration and bankruptcy proceedings.

Leading Cases
Lead counsel in significant publicly-filed actions, including:

  • Armstrong v. Liberty Mutual
  • Commercial Union v. Swiss Re America
  • Compagnie de Reassurance v. New England Reinsurance
  • Dryden Oil v. Travelers
  • Goodyear v. Aetna Casualty & Surety Co.
  • JT Thorpe v. St. Paul Travelers
  • Odyssey Re (London) Ltd. v. Stirling Cooke Brown Holdings Ltd. (a/k/a Sphere Drake)
  • Polaroid v. Travelers
  • Providence Journal v. Travelers

Preeminent Reinsurance Group
Represent large cedents, reinsurers and intermediaries in arbitration, trial and appellate matters. Counsel clients concerning underwriting matters, bad faith and audits. Substantive experience includes APH (including asbestos non-products), financial and finite risk issues, hurricane losses, 9/11 losses, E&O/D&O matters, property, catastrophe bonds, workers’ compensation, and clergy abuse disputes.

Coverage Litigation Experts
Represent insurance industry in all aspects of major coverage litigation, bankruptcy proceedings and arbitration, including environmental, asbestos, non-products, Chinese Drywall, E&O/D&O, implant and toxic tort. Appeared in more than 200 cases and arbitrations.

ECO and XPL Experience
Advise and represent large insurers and reinsurers in bad faith and excess-of-limits disputes arising out of personal, commercial, environmental and asbestos claims.

Extensive Experience in Bankruptcy Proceedings
Advise and represent insurers and reinsurers with respect to claims arising in context of bankruptcy proceedings across the country.

Nationally Recognized

  • Ranked by the Reactions 2012 Legal Survey as the No. 1 firm in the US for Reinsurance and for Litigation.
  • Ranked nationally as a leading firm in Insurance by The Legal 500, a guide to the preeminent law firms in the US.
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Choate has been one of the country’s premier law firms for over a century. Our mission is to help important clients capitalize on their most promising opportunities, find solutions to their most pressing problems, and provide exceptional judgment, service and value. We also maintain as a core value giving back to the community which has given so much to us.

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We are privileged to have many long-standing client relationships. We are also privileged to create new client relationships each year, with most new clients coming to us after recommendations from existing clients who are “promoters” of the Firm.

David Attisani of Choate Hall & Stewart LLP earns widespread acclaim for his reinsurance expertise. A client enthuses: “He is a really excellent trial lawyer and a top-notch legal mind who is the perfect all-around package as outside counsel.”
Chambers, 2015