Arthur is a partner in the New York office of Morrison Mahoney. For over 35 years he has been involved in the representation of both foreign and domestic reinsurers and insurers acting as trial counsel, excess monitoring counsel and coverage counsel, with respect to a variety of Complex Claims involving liability for attorneys, accountants, architects and engineers, hospital and medical malpractice, products, life sciences, general liability, and marine-related losses.
In the past 15 years, Arthur has been retained by various foreign insurer interests to liaison with defense teams for various international pharmaceutical companies regarding the defense and resolution of United States and Canadian mass tort litigation. The work has included liaising on defense of the claims, audit and analysis of litigation management and settlement evaluation and strategy.
Professional Liability Experience
In the areas of professional liability – medical professional liability, architects and engineer’s liability, attorney and accountant malpractice and insurance agent/broker errors and omissions, Arthur’s experience encompasses both the defense and monitoring of these claims as well as the rendering of coverage opinions and the counseling of E&O underwriters. The representation of defendants has gone beyond the geographical boundaries of the State of New York and New Jersey, representing both companies and individuals throughout the United States. This has included nationally prominent engineering and accounting firms and hospitals throughout the Northeast.
Products Liability Experience
Arthur‘s products liability defense work has included the representation of both manufacturers and retailers of both consumer and industrial products as well as a host of life science-related claims involving medical devices and pharmaceuticals. He has acted as national coordinating counsel in the defense of various products such as keyboard manufacturer defense for alleged repetitive stress injuries. Particular expertise has been developed in working with foreign manufacturers and distributors in defense of their products in US forums. Arthur has successfully defended and resolved claims throughout the United States working with Morrison’s own branches in the Northeast and with selected local counsel in other US forums.
Life Sciences and Pharmaceuticals and Foreign Markets
As the leader of the firm’s sub-group devoted to pharmaceutical claims, Arthur has coordinated and supervised litigation nationally. Acting on behalf of the foreign insurance markets insuring a major international pharmaceutical company, he provided coordination of mass pharmaceutical-related claims together with in-house counsel and retained defense counsel with settlements totaling in excess of $2 billion. In addition, Arthur’s team has been responsible for the auditing of defense bills and structuring a defense strategy and protocol for law firm responsibilities. Arthur assumed the responsibility as settlement counsel for an international pharmaceutical company in negotiating and resolving over 700 multi-district litigation (MDL) claims as well as two 2 Canadian class actions with approximately $200 million in settlements. He has also been part of the litigation team defending various clinical research organizations in litigation regarding the organization’s work in the new drug approval process. Medical devices defended have included skin treatment devices, infusion pumps, exoskeletal devices and orthopedic hardware.
For multiple years, Arthur has been recognized in New York Metro Super Lawyers magazine in the area of insurance coverage. He has counseled both domestic and foreign insurers on policy wording and assisted in the drafting of both occurrence and claims made forms. These risks have encompassed E&O, Umbrella, CGL and various marine coverages. He has conducted pre-underwriting reviews and claims reviews for foreign insurers on pharmaceutical, manufacturing, energy and product accounts. Arthur’s expertise has also been employed in the defense of insurers in state, federal court and in arbitration. He has provided analysis and coverage defense of significant national pharma losses involving Rezulin, Vioxx, Celebrex, and Bextra, including London and US arbitrations.
In acting on behalf of excess insurers regarding catastrophic injury claims throughout the United States, he has protected excess interests in response to general liability, products, marine related, pharmaceutical, hospital, accountant, D&O and architects and engineer liability claims.
Through years of representation of London market insurers, Arthur has counseled and defended claims involving charter’s liability, terminal operators, hull, P&I, and pleasure craft.
Professional Publications and Activities
Arthur has authored and contributed to numerous publications and is frequently asked to serve as the editor for a variety of industry outlets, including monograph issues in CGL, and the DRI Compendium on Daubert Decisional Law. He has also lectured and chaired insurance programs for executive enterprises for the Defense Research Institute (DRI) and the America Bar Association (ABA). He served as the Editor in Chief of the ABA’s Tort and Insurance Practice’s Tort and Insurance Law Journal and is the past Chair of its General Liability & Consumer Law Committee. While in law school, he served on the Board of Editors for the University of Toledo Law Review.
Noteworthy Accomplishments, Honors & Awards