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Charles M. Foss

Certified Arbitrator

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Current Employment

Company: Self-employed
Position(s) and Responsibilities: Insurance/Reinsurance arbitration
Address: 4 Freeman Lane
Orleans, MA 02653
Phone: 508-240-0518
Fax: 508-240-0528
Email: charliefoss@comcast.net

Previous Employment

Company: The Travelers Indemnity Company (including St. Paul, Fire & Marine, USF&G, Gulf Ins. Co. and the former Aetna Casualty & Surety)
Position(s) and Responsibilities: Group General Counsel, Reinsurance Litigation, directing all arbitrations and litigation involving Travelers' ceded and assumed reinsurance operations.

Credentials

Attorney: Yes
Education: BA Trinity College, JD University of Illinois College of Law
Designations: ARIAS Certified Arbitrator, ARIAS Umpire
Other Information: Lieutenant, U.S. Navy '70-'72, Founding Member, ARIAS-U.S. Board of Directors. President (2002/3) and Chairman (2003/4) ARIAS-U.S. Member (inactive), Connecticut Bar.

Work Experience

Insurance Company: 21 years

Legal Department: 21 years. Group General Counsel, Reinsurance (last position)

Reinsurance Company: 11 years

Legal Department: 11 years. Group General Counsel, Reinsurance (last position)

Breakdown of Experience

Commercial Liability   10%
Environmental/Pollution   10%
Fidelity & Surety   10%
Asbestos   10%
Product Liability   10%
Worker's Compensation   10%
Toxic Tort   5%
Bad Faith/ECO   5%
Financial Guarantee   5%
MGA/MGU   5%
Commercial Property   5%
Construction Defects   5%
Contract Wording   5%
Directors & Officers   5%

By Market

U.S. Market: 75%

U.K. Market: 20%

Bermuda/Off-shore Market: 5%

Insurance vs. Reinsurance: 5/95%
Treaty vs. Facultative Reinsurance: 50/50%
Former Insurance or Reinsurance Company Officer

Mediation Experience

Number of Mediations

As Counsel: 2

ARIAS Experience

Workshops, as Faculty: 5; September 2002, January 2003, September 2003, February 2004, September 2004

Ethics Training, as Trainee: 1; March 2010

ARIAS Conference Faculty: 6; Spring 2003, Fall 2003, Spring 2004, Fall 2004, Spring 2006, Fall 2006

Other Approved Training: ARIAS March 2009 Educational Seminar - FACULTY

Arbitration Experience

Number of Arbitrations

As an Arbitrator: 65
As an Umpire: 1
As Employee Manager: 60

Arbitrator Experience

Number of Arbitrations

25 Appointed as an arbitrator.
13 Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage.
12 Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
5 Acted as an arbitrator through to final award after completion of an evidentiary hearing of at least one full day and less than three full days regarding the substantive merits of the parties' dispute.
10 Acted as an arbitrator through to final award after completion of an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.

Umpire Experience

Number of Arbitrations

1 Acted as an umpire through to final award after completion of an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.

Employee Manager Experience

Number of Arbitrations

25 Employee Manager of arbitration through the organizational meeting or the arbitration has only reached this stage as well as significant motions before the panel, panel consultations, and interim awards, but not through the hearing briefs.
35 Employee Manager of arbitration through evidentiary hearing of at least three full day regarding the substantive merits of the parties' dispute.

Biography

Charles Foss retired in 2006 from St. Paul Travelers Insurance Companies where he held the position of Group General Counsel, Reinsurance Litigation. He had been a member of the St. Paul Travelers legal department for over 30 years, specializing in corporate, insurance, and reinsurance matters. His responsibilities included the management of reinsurance litigation and arbitration involving the St. Paul Travelers group of companies. Mr. Foss is an Emeritus Director of ARIAS-U.S., where he served in a variety of capacities, including President and Chairman, from 1994 - 2004. Mr. Foss is also an ARIAS-U.S. Certified Arbitrator and Umpire and for the last 20 years has served on numerous arbitration panels hearing insurance and reinsurance disputes. Mr. Foss is a graduate of Trinity College and the University of Illinois College of Law, where he was a member of the Law Review. He also served as an officer on the staff of Commander Carrier Division Four, U.S. Navy. Mr. Foss is a member of the Connecticut Bar and has authored several articles on reinsurance related topics and spoken to industry groups on reinsurance issues and the activities of ARIAS-US.

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