JOHN J. O'BRIEN JD CLU CPCU            INSURANCE EXPERT WITNESS                         
                       
                                                                                                                

                                                                                   


    

B.A.LaSalle University

Philadelphia, Pennsylvania

J.D.University of Tennessee

Knoxville, Tennessee

Chartered Life Underwriter

American College for Life Underwriting

Bryn Mawr, Pennsylvania

Chartered Property and Casualty Underwriter

The American Institute

Malvern, Pennsylvania

Candidate for Associate in Marine Insurance

The American Institute

The Chartered Property and Casualty Underwriter and Chartered Life Underwriter Designations were earned by completing five year courses of study for each designation consisting of study and testing on ten different areas of each discipline as well as meeting the experience standards and ethics standards of the American Institute and the American College.

Memberships: United States District Court/Eastern District of Pennsylvania Bar/South Carolina; State of Minnesota (inactive); South Carolina and Pennsylvania (inactive) Bars; Consulting, Litigation, & Expert Witness Section of the American Society of Property and Casualty Underwriters; Law Committee of the International Claims Association-prepared national survey of law on misrepresentation as a defense in life insurance litigation; 1994 to present Insurance Committee of the South Carolina Bar Association; 1992 Insurance Law Committee of The Pennsylvania Bar Association; 1994-1996 Property Insurance Law Committee of the Tort and Insurance Practice Section of the American Bar Association; Federation of Insurance Counsel; Claims Section of the Society of Chartered and Property Underwriters; Expert and Consultant Section of the Society of Chartered and Property Underwriters Association, Captive Insurance Companies Association and South Carolina Captive Insurance Association, American Society of Chartered Life Underwriters.

Writings: Consultant to authors of The Legal Environment of Insurance, Vol. I & 2 1993 and Bad Faith Denial, South Carolina law student text; Author "Subro Shorts"- monthly news letter addresses legal issues facing insurance industry. Author of Articles- "Bermuda-New Opportunities for Self Insurance Markets"; "Charleston, South Carolina as a Situs for Captive Insurance Companies", "Ignoring Subrogation Means Lost Opportunity" Business Insurance January 16, 1995." “O’Brien and Hennessy Subrogation Education Series Give Yourself the Edge When Filing An Inter-Company Arbitration Submission". “Insuring through Segregated Cells in the U.S.- Will Our Firewalls Stand Up.”, Risk Retention Groups and Purchasing Groups in a Nutshell, Subrogation a Missed Opportunity, IRMI Captive Insurance Company Reports, “Distinct Subrogation Issues: Pandora’s Box,” by John J. O’Brien JD, CLU, CPCU, O’Brien and Hennessy Education Series, Volume 1, Subject 2.    Insurance Articles have appeared in the National Underwriter, Business Insurance, The Philadelphia Business Journal, Captive.Com, Captive Insurance Company Reporter, IRMI, the Risk Retention Reporter, The Charleston Business Journal, Best’s Insurance and Insurance Arbitration Forums Inc.

Seminars: Have conducted insurance seminars at American International Group, Penn Mutual Insurance Company, Farm Bureau Insurance, Sentry Insurance Group, Commercial Union, Virginia Farm Bureau, Collections By Counsel, Inc. and Penn National Insurance Company, South Carolina Captive Insurance Association, Bermuda Captive Insurance Conference, World Captive Forum, Nevada Captive Insurance Company Conference and other companies and conferences. Have addressed agent’s groups and taught courses in life and health insurance with the Philadelphia Insurance Society and taught courses as part of the American College C.L. U. curriculum

Faculty: Adjunct Faculty at the College of Charleston in Risk Management and Insurance.

Board Memberships: International Center for Captive Insurance Education, Positive Physicians Risk Retention Group, First Keystone Risk Retention Group, Red Clay Risk Retention Group, Grand Strand Captive Insurance Company, O’Brien Clan Foundation, and Leader Care Insurance Company.

Legal Experience: Advised Individuals on Insurance Matters as part of my Law Practice and reviewed Estate Plans for Individuals and worked with their financial advisors. Past Senior Partner/President of O'Brien and Hennessy Group. Represented over one hundred self insure and insurance companies on insurance subrogation and insurance coverage issues. As such we litigated insurance coverage and insurance subrogation matters including agent's liability matters. We also submitted matters involving disputes between insurance companies to inter-company arbitration and mediation. As member of the Pennsylvania and South Carolina Bars participated in numerous trials involving insurance issues. Handled Legal Matters for Captive Insurance Companies including establishing the legal entities.

Insurance Experience: Over thirty years of experience in insurance law. Taught Insurance Law with The Philadelphia Insurance Society and with the Philadelphia Association of Chartered Life Underwriters. Guest Lecturer 1995-1997 Risk Management- Legal Issues, College of Charleston, Charleston, South Carolina; Guest Speaker - Philadelphia Claims Association - Bad Faith Punitive Damages Post Fletcher. Licensed as an insurance agent for life and health. Speaker - Las Vegas, Nevada, Using the Internet for Insurance Research. Past Chairman- South Carolina Captive Insurance Association. Board Member- National Association of Subrogation Professionals – Recipient of 2002 President’s Award. Former chairman of the South Carolina Captive Insurance Association. Established Captive Insurance Education Certificate Program at the Tate Center, College of Charleston. Recipient of Life Time Achievement Award from South Carolina Captive Insurance Association.

Expert Witness Experience: Have been qualified numerous times as an insurance expert in both state and federal courts on insurance, life and health insurance matters, duties and responsibilities of agents, commercial general liability policy, product suitability, insurance coverage bad faith and claims handling matters.

Chief Executive Officer- Charleston Captive Management Co., Manage Insurance Companies and Self Insurers in the State of South Carolina, Nevada and at offshore locations. See http:// www charlestoncaptive.com. Founded the first Captive Insurance Management Company in South Carolina which I sold in 2005 to Wilmington Trust Company. From 2005 to 2007, served as Vice President of Wilmington Trust introducing the company to the insurance management business. Served as Executive Vice President of Definitive Captive Insurance Management Company. Serve as board member for various alternative risk companies and as board member of the Vermont International Center for Captive Education and instructor for the Ethics Course. Developed the ICCIE Course on Captive Governance. Serve now as a consultant and insurance expert witness and advise self insurers and captives on formation, service providers, domicile selection and operation and corporate governance.

Board Memberships: Leader Care Insurance Company, First Keystone Risk Retention Group, Red Clay Risk Retention Group, Positive Physicians Reciprocal, Grand Strand Captive Insurance Company, O’Brien Clan Foundation and International Center for Captive Insurance Education.

Earlier Insurance Positions included:

Vice President and General Counsel, American Patriot Insurance Co. (formed and licensed new insurance company including preparation and regulatory approval of all policy forms), claims counsel advised underwriting, claims, agency and policyholder service areas;

Associate General Counsel of National Home Insurance Company (supervised litigation, handled relationship with state insurance departments and wrote industry's first easy to read insurance policy) served on claims committee - advised company on health and life insurance claims;

Counsel of IDS Insurance Company (Now American Express Life) and Counsel of Colonial Penn Insurance Company (during this time I supervised claim litigation across the country and offered legal opinions on claim situations and insurance policy interpretations). Worked with agents across country in establishing insurance programs. Began insurance career as an insurance agent in Knoxville, Tennessee.

As an expert witness offered opinion letters on coverage issues on the 1943 Standard Fire Insurance Policy and Extended Coverage Endorsement; Violation of Best Claim Practices,Standard Homeowners Policy; Bad Faith ERISA; Commercial Liability Umbrella Policy; Fresh Market Tomato Crop Insurance; Pollution Exclusion as Applied to Lead Poisoning; Standard Automobile Insurance Policy; Business Use Exclusion In Personal Automobile Policy. "Dailey-Sand" Uninsured Motorist Releases; Refusal to Settle within Policy Limits; Strict Liability/Product's Liability Coverage; Agents and Brokers Duties; Life Insurance Conditional Receipt: Bad Faith Refusal to Defend; Bad Faith Refusal To Pay; Intentional Act Exclusion; Respondeat Superior, Misrepresentation of Smoking on Insurance Application; Work Product Exclusion; Claims Handling Best Practices; Offer of Uninsured Motorist Benefit; Accidental Death; Incontestability Clause in Life Insurance Contract; Duties owed to Certificate of Insurance Holder under Commercial Liability Policy: Erisa Exception under Agent’s Error and Omission Policy; Business Exclusions Under Home Owner’s Policy; Mold Prevention in Fire Cases, Suitability of Annuity and Life Insurance Products, Claims Practices related to Health Insurance and Life Insurance, Professional Liability and Commercial General Liability Policy Coordination, Coverage Afforded by New Commercial Liability Policies related to Cyber Liability and Newly Created Coverages, and numerous other matters

Current Practice: In 1993 after acquiring the CPCU designation began serving as an expert witness on insurance matters. During the next 15 years while leading the insurance law firm of O’Brien and Hennessy and building the insurance management firm of Charleston Captive Management as its owner and CEO also served as an expert in over 50 insurance matters testifying in state and federal court. These assignments ranged from coverage, underwriting, claims, suitability, best practices and broker’s activities. During this period studied and focused on best practices as they apply to all facets of insurance providers, insurance companies and insurance brokers and agents. After selling Charleston Captive Management to Wilmington trust focused on the introduction of Wilmington Trust into captive management as Vice President and also served on the boards of insurance companies and on the board of the International Center for Captive Insurance Education. These activities caused an interruption in accepting new expert witness work. At ICCIE, taught the course in ethics and developed a new course that focused on the operation of insurance companies and best practices from the perspective of the Board of Directors. After leaving Wilmington Trust became once again more active as an expert witness and while serving on boards of directors continuing a focus and study on best practices as they are applied to all facets of insurance company operation. This experience as an insurance attorney, in managing many insurance companies from organization through growth and operation including underwriting claims policy issuance and licensing assist to prepare one as an expert in the field of insurance. Serving as an active board member on five insurance companies and participating in operations, claims, underwriting, and administration and best practices as they apply particularly in insurance company operations allow one to qualify as an insurance expert. Current practice is centered in the areas of best practices in insurance company operations, expert witness and insurance company boards.

I have testified in the following cases in the past four years:

 

Jill A. Stoller v. All American Plumbing et al. State of South Carolina, County of Beaufort Court of Common Pleas Case No: 2007-CP-07-2735;

Benjamin Leake, et al. vs. American National Property & Casualty Co. State of South Carolina, County of Greenville Court of Common Pleas Case No: 2009-CP-23-2978

American Motorist Insurance Company, Inc. vs. Public Building Authority of the County of Knox et al, U.S. District Court- Civil Action No. 3:09-cv-00608

Cole Vision Corporation and Sears Roebuck & Company vs Steven C. Hobbs, O.D. and NCMIC Insurance Company, CP Sumter County, South Carolina Case No. 07-CP-43-500

Hill v. Fidelity Life Association, In the United States District Court for the District of South Carolina, Charleston Division, Civil Action No. 2:12-cv-1184-DCN.

Renfrow Brothers, Inc. vs. Twin City Fire Insurance Company, In the United States District Court for the Spartanburg Division of South Carolina, C.A. No. 7:12-cv-02459-JMC

Annette Parker v. Stonebridge Life Insurance Company, In the United States District Court for the Southern District of Mississippi Jackson Division; Case No: 3:12-cv-00070 TSL-JMR

Emily Johnson v. Peter Strauss, Strauss Law Firm, Intercontinental Management, In the Court of Common Pleas of Beaufort County, South Carolina, Case No.: 2012-CP-07-869.

List of Published Articles – John J. O’Brien JD, CLU, CPCU

Medical Malpractice Insurance Crisis: Alternative Risk Transfer Solutions, by John J. O’Brien JD, CLU, CPCU” Wilmington Trust Corporation, 2006. http:// published at captive.com/ medmalwhitepaper

Give Yourself the Edge When Filing an Inter-Company Arbitration Submission” By John J. O’Brien JD, CLU, CPCU, Arbitration Forums Newsletter, spring 2001.

Segregated Cell Captives: Are Our Firewalls Fireproof,” Captive Insurance Company Reports, May 2004, International Risk Management Institute, Inc.

Subrogation: A Missed Opportunity?” Captive Insurance Company Reports, November 2009, International Risk Management Institute, Inc.

Will the NAIC Guide lines “Crowd Out” RRGs Board of Directors Best Practices Along With the Best Independent Directors? By John J. O’Brien JD, CLU, CPCU, Risk Retention Reporter, April, 2011.

Risk Retention Groups in a Nut Shell, Your Guide to Understanding RRGS” By John J. O’Brien JD, CLU, CPCU, Published at the Document Library at TheFriendlySocietyRestored.Com

Protected Cell Companies: Firewalls Revisited, Captive Insurance Company Reports”, Captive Insurance Company Reports, April, 2008, International Risk Management Institute, Inc.

The Right People. The Right Board” presentation on insurance company board practices at World Captive Forum February 2, 2012 available at World Captive Forum.Com web site

Course Material prepared for the following courses: Ethics and Captive Insurance Companies and Corporate Governance at the Board of Directors Level available through International Center for Captive Insurance Education.

 

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