Edwards Angell Palmer & Dodge

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Nick Pearson is a partner in the Insurance and Reinsurance Department at Edwards Angell Palmer & Dodge's New York City office.  He has represented U.S. and foreign insurers, reinsurers and producers since 1977 and has served as outside General Counsel to licensed and surplus lines insurers.  He has broad insurance regulatory and transactional experience and has successfully represented cedents and reinsurers before industry arbitration panels.  Mr. Pearson has represented clients in the formation, acquisition, sale and licensing of insurers, reinsurers, producers, captives and risk retention groups.  Mr. Pearson is experienced in commutations and the detailed analysis and preparation of reinsurance agreements and loss portfolio transfers.  He has conducted international reinsurance fraud investigations and is experienced in run-off and insolvency.

Mr. Pearson has lectured on insurance and reinsurance in the United States, England and Bermuda and his articles have frequently appeared in leading international insurance publications. He has authored chapters on "Regulation of Market Conduct of Property Casualty Insurers" in New York Insurance Law (Matthew Bender & Co., Inc.) and "Insurance Regulation" in Insurance Law Practice (New York State Bar Association).

Mr. Pearson holds the "AV" attorney rating from Martindale-Hubbell, signifying achievement at the highest level for legal ability and ethical standards. He is listed in the current edition of the Legal Media Group Guides to the World's Leading Lawyers guide to world's leading Insurance and Reinsurance Lawyers. He is also featured in in the current edition of The International Who's Who of Insurance and Reinsurance Lawyers, and has previously been named as one of the "New York Area's Best Lawyers" by New York Magazine. Additionally, the current edition of Chambers & Partners Guides to the World's Leading Lawyers (USA) ranks Mr. Pearson as a 'Leading Individual' in their Insurance: Transactional and Regulatory category.

• Provided advice to domestic and non-U.S. insurers on all aspects of U.S. insurance and reinsurance regulation and jurisdiction, including market conduct and insurance holding company matters.
  
  
• Conducted reinsurance arbitrations on behalf of ceding and assuming companies arising out of disputes over material misrepresentation, ex gratia payments, declaratory judgment expenses, follow-the-fortunes and other causes.
  
  
• Represented clients in purchase or sale of active and shell insurance companies including due diligence, drafting of purchase agreements and related documentation and conduct of change-of-control hearings before insurance departments.
  
  
• Represented clients in run-off and commutations.
  
  
• Advised and represented clients in MGA transactions.
  
  
• Assisted clients in the formation of insurers and captive insurers and led multi-state and national licensing programs.
  
  
• Provided advice to non-insurers on activities that could constitute the transaction of insurance.
  
  
• Represented creditors in insurer insolvency proceedings and on creditor committees.
  
  
• Experienced in legislative drafting and registered lobbyist.
  
  

• "Medicare Secondary Payer Reporting: Extraterritorial Applicability of Requirements to Foreign Insurers," co-author, Federation of Regulatory Counsel Journal, Summer 2010.
  
  
• "Shedding Liabilities", author, informa insurance, in association with Edwards Angell Palmer & Dodge, The Review: The US Re/Insurance Recession Survival Guide 2009.
  
  
• "The Moves Toward US Credit Default Swap Regulation", Derivatives Week, October 20, 2008.
  
  
• "The New York Insurance Department Will No Longer Approve D&O Policies Lacking "Duty-to-Defend" Coverage Feature," co-author, Edwards Angell Palmer & Dodge Client Advisory, December 2008.
  
  
• "Alternatives to US Receivership Laws," co-author, Run-Off & Restructuring, Issue 26, Autumn 2008.
  
  
• “Exploring the US Exit Strategies Landscape," speaker, C5's 9th Annual Current Trends and Opportunities in Insurance Exit Strategies, London, June 2008.
  
  
• "Effects of Emerging Regulations on Run-Off Operations," American Conference Institute, Reinsurance Regulation, New York City, June 2008.
  
  
• "Impact of Commutation on a Runoff Company," speaker, AIRROC/Cavell Communications & Networking Event, East Rutherford, New Jersey, October 2007.
  
  
• "Commuting Your Reinsurance Exposure," speaker, American Conference Institute's Reinsurance Claims and Arbitration, Philadelphia, Pennsylvania, September 2007.
  
  
• "A New Deal for Cedents," co-author, Run Off Business, No. 20, Spring 2007; Edwards Angell Palmer & Dodge Insurance and Reinsurance Update, June 2007; and International Law Office's Insurance & Reinsurance - USA, July 24, 2007.
  
  
• "Who will Regulate Insurance Collateral:  State v. Federal Government," panelist, American Conference Institute’s Forum on Reinsurance Collateral – Adapting Insurance and Reinsurance Best Practices to New Regulatory Realities, New York, April 2007. 
  
  
• "Short Term Export Credit Insurance: Trends in the United States and Comparisons with Other Products," lecturer, 17th Annual Global Convention Insuring Export Credit Political Risk, London, February, 2007.
  
  
• "The Captive Evolution," co-author, Risk Factor, January 16, 2007.
  
  
• "Why Reinsurance Arbitration?" co-chair, Current Developments in Reinsurance Law, co-sponsored by the Insurance Federation of New York (IFNY) and the New York City Bar, New York, September, 2006.
  
  
• "A Scheme with a Twist," co-author, Run Off Business, Issue #16, Spring 2006 and Edwards Angell Palmer & Dodge Insurance and Reinsurance Update, June 2006.
  
  
• Fifth International Guide to Reinsurance Claims and Collections, conference co-chair, New York, June, 2006.
  
  
• “Regulatory Update, Recent Trends and Developments in Runoff,” panelist, ACI's 6th International Advanced Forum on Run-Off and Commutations, New York, April, 2006.
  
  
• "Stalemate on Solvent Run-Off," author, Run Off Business, Issue 17, Summer 2006.

Selected Prior Speaking Engagements and Publications

• "Regulation of Market Conduct of Property and Casualty Insurers," co-author, New York Insurance Law, (Matthew Bender), latest rev. 2005.
  
  
• “Insurance Regulation,” co-author, Insurance Law Practice, Second Edition, New York State Bar Association, 2005.
  
  
• "The BAIC Decision," author, JTW News, Issue 98, September 2005.
  
  
• The 5th International Advanced Forum on Run-Off & Commutations; Achieving and Managing Finality, moderator, September 2005.
  
  
• REACT 2005 – Risk Reward Reinsurance, the Reinsurance Industry Event, conference co-chair & panelist, June 2005.
  
  
• “Are You SMART? Federal Regulatory Initiatives,” lecturer, Insurance and Reinsurance Industry Law 2005, Edwards & Angell CLE Accredited Seminar, June 2005.
  
  
• “Broker Compensation in the Age of Spitzer,” lecturer, Professional Insurance Wholesalers Association (PIWA) Midyear Conference & Excess Line Association of New York (ELANY) Annual Meeting, May 2005.
  
  
• “Six Months Later – Where Are We Now,” moderator & panelist, Mealey’s 12th Annual Insurance Insolvency & Reinsurance Roundtable, April 2005.
  
  
• “Ethics in the Insurance Industry,” lecturer, Society of Insurance Licensing Administrators, (SILA) National Education Conference, March 2005.
  
  
• ”A Profound Change," author, Best's Review, February 2005.
  
  
• “Federal Regulation of Insurance,” author, Best’s Review, January 2005.
  
  
• "Will the US Embrace Schemes?" author, Run Off Business, Issue 11, Winter 2004.
  
  
• “The ‘SMART’ Act; An Overview,” lecturer, AIG Seminar, 2004.
  
  
• “Solvent Schemes of Arrangement in the U.S.,” author, Runoff Magazine, December 2004.
  
  
• "Capital Gains," author, IQ, Autumn 2004.
  
  
• “Federal Proposal for Reform of U.S. Insurance Regulation,” author, Insurance Insider Quarterly, December 2004.
  
  
• “The State of US Regulation,” co-author, Reinsurance, June/July 2004.
  
  
• “Old Cat, New Tricks,” co-author, Best’s Review, June 2004.
  
  
• “No Relief from Securitization,” co-author, ISQ Insurance Securitization Quarterly Vol. 1/1, 2004.
  
  
• Can’t Pay, Won’t Pay, the Association of Runoff Companies Annual Congress, lecturer, London, 2004.
  
  
• “Navigating the U.S. Reinsurance Rapids," author, Risk Transfer, 2003.
  
  
• “Insolvent Liabilities – Anyone’s Guess,” author, Run Off Business, Issue 6, Autumn 2003.
  
  
• “Commercial Lines Deregulation,” co-author, Insurance Day, June-July 2002.
  
  
• "Why Reinsurance Arbitration?" author, The ARIAS U.S. Quarterly, Third Quarter 1999.
  
  
• “Commercial Lines Deregulation,” author, Edwards & Angell Insurance and Reinsurance Update, Fall 1999.
  
  
• "Final Dividend Liquidation Plans: Whither Reinsurers?" author, Edwards & Angell Insurance & Reinsurance Update, Fall 1996.
  
  
• "Relationships of Mutual Trust are Fraying in Reinsurance Market," author, Best Week, 1995.
  
  
• "Environmental Claims Present Problems," author, Rough Notes, 1995.
  
  
• "Insurance Counsel: Beware State’s Activist Approach," author, The New York Law Journal, 1994.
  
  
• "Self-Insurance: The Big Economic Picture," author, National Underwriter, 1988.
  
  
• Insurance Run-Off Conference, Executive Enterprise Institute, conference co-chair.
  
  
• "Regulatory Credit for Reinsurance and Preanswer Security," lecturer, American Conference Institute.
  
  
• "A Private Right of Action Under New York’s Unfair Claims Practices Act," lecturer, American International Group Legal Staff Conference.
  
  
• "Fronting - Is It a Dirty Word?" lecturer, Bermuda Insurance Symposium.
  
  
• "The Role of the Non-Admitted Market," lecturer, Insurance Regulation Conference, Executive Enterprise Institute.
  
  
• "The Regulation of Alien Insurers and Reinsurers," lecturer, Tort and Insurance Practice Section Conference, American Bar Association.
  
  
• "Surplus Lines Legal Developments," lecturer, National Association of Professional Surplus Lines Offices Annual Conference.
  
  
• "The Model Insurance Holding Companies Act," lecturer, Private Briefing for Insurance Industry Analysts.
  
  
• "Actions Against Insurance Company Directors, Officers and Shareholders by State Insurance Commissioners," lecturer, Insurance and Reinsurance Disputes in the Property and Casualty Insurance Industry Conference, Executive Enterprise Institute.
  
  
• "Let the Buyer Beware," lecturer, Crittenden Alternative Insurance Markets Conference.
  
  
• "Global Harmonization of Insurance Regulation," lecturer, A.M. Best’s 10th Annual Insurance Information Conference.
  
  
• "Why Reinsurance Arbitration?" lecturer, Bermuda 12th International Reinsurance Congress.
  
  
• "Final Dividend Liquidation Plans," lecturer, Mealey’s Insurance Insolvency and Reinsurance Roundtable.
  
  
• "Commercial Lines Deregulation," lecturer, Association of Insurance Compliance Professionals.
  
  
• "Reinsurance in the Excess and Surplus Lines Market Place," lecturer, American Bar Association of America/Excess Lines Association of NY.
  
  
• "Captive Insurance Companies," lecturer, Association of Professional Insurance Women.
  
  
• "Effect of Commercial Deregulation on Rate and Form Filing," lecturer, Association of Insurance Compliance Professionals.
  
  
• "Alternative Risk Transfer," lecturer, Association of Professional Insurance Women.
  
  
• "Insurance Law: Understanding the ABC's," lecturer, Practicing Law Institute.

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