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Michael J. FitzGibbons

Certified Arbitrator

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Personal Information

Address: 10605 E. Desert Cove
Scottsdale, AZ 85259
Phone: 480-661-0198
Cell: 602-769-5762

Current Employment

Company: FitzGibbons and Company, Inc
Position(s) and Responsibilities: Various engagements as consultant, fiduciary and expert. Currently, Special Deputy Liquidator of Amwest Surety Insurance Company and Far West Insurance Company. Financial reporting, claim adjudication, reinsurance collections, litigation management and final distribution.
Address: 8300 N. Hayden Rd.
Suite 100
Scottsdale, AZ 85258
Phone: 480-948-4351
Fax: 480-443-5924
Email: mjf@fitzgibbonsco.com

Offering Services as Expert Witness in:

Accounting, Audit / Records Inspection, Captives, Commutations, Fronting Arrangements, Insolvencies, Regulatory / Compliance

Previous Employment

Company: Universal Reinsurance Corporation (Armco Financial Services Group)
Position(s) and Responsibilities: Vice President of Operations and Commutations. Responsible for domestic commutations, coordination of global affiliated commutations and compliance with various regulatory orders and bank covenants
Company: Great American Insurance Company
Position(s) and Responsibilities: Responsible for due diligence for acquisition of reinsurer
Company: Indiana Department of Insurance
Position(s) and Responsibilities: Deputy Commissioner and Chief Examiner Financial Oversight of all domestic insurers including examinations, admissions and representative on NAIC committees

Credentials

Attorney: No
Degrees: BS Finance and MBA from Indiana University
Designations: Certified Public Accountant; Certified Insurance Receiver-Multi-Line

Work Experience

Insurance Company: 1 year

Finance Department: 1 year. Assistant Controller

Reinsurance Company: 7 years

Executive Officer (CEO, COO, CFO, Chief Actuary): 3 years. President and Chairman

Operations: 4 years. VP Operations and Commutations

Insurance-related Firms: 22 years

Consultant: 15 years. President

Auditing Firm: 7 years. Chief Examiner Deputy Commissioner Indiana Department

Breakdown of Experience

Insolvencies   40%
Commutations   30%
Fidelity & Surety   10%
Regulatory/Licensing   10%
Captives/Risk Retention Groups   10%

By Market

U.S. Market: 80%

U.K. Market: 15%

Bermuda/Off-shore Market: 5%

Insurance vs. Reinsurance: 50/50%
Treaty vs. Facultative Reinsurance: 90/10%
Former Insurance or Reinsurance Company Officer
Former Insurance or Reinsurance Company Director

ARIAS Experience

Workshops, as Trainee: 1; March 2007

Ethics Training, as Trainee: 1; May 2010

Arbitration Experience

Number of Arbitrations

As Corporate Representative: 2

Company Representative Experience

Number of Arbitrations

1 Company Representative in 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.
1 Company Representative in arbitration through evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.

Biography

Michael FitzGibbons is a seasoned insurance executive with both public and private sector experience. Mr. FitzGibbons is the principal shareholder of FitzGibbons and Company, Inc., an insurance consulting firm providing expert and fiduciary services, including acting as special deputy receiver on behalf of State Insurance Commissioners. Previously, Mr. FitzGibbons was Assistant Vice President of Great American Insurance Company where he performed the due diligence for the acquisition of a reinsurer. Prior to his tenure with Great American he was Vice President of Operations and Commutations at Universal Reinsurance Corporation, a subsidiary of the Armco Insurance Group. He joined Armco following the principal operating subsidiaries entering runoff and was responsible for domestic commutations, coordination of international commutation efforts and regulatory and bank compliance. Mr. FitzGibbons was Deputy Commissioner and Chief Examiner at the Indiana Insurance Department with direct oversight of domestic examinations, admissions and the receivership division. Since becoming a consultant, Mr. FitzGibbons most significant private sector engagement was with Imperial Casualty Company where he deployed an effective runoff plan which ultimately resulted in a successful sale to a third party. His most significant engagements in the public sector are the LandAmerica Companies Rehabilitation, American Bonding Company and Amwest Surety Insurance Company. Mr. FitzGibbons developed a successful run off plan for American Bonding Company under the guise of rehabilitation. All creditors were paid in full with a nominal dividend to its parent company. Amwest Surety is a liquidation proceeding and is expected to close in 2010. LandAmerica was placed in bankruptcy in late 2008 and its principal operating subsidiaries, Commonwealth Land Title and Lawyers Title, were sold while Mr. FitzGibbons was Special Deputy Rehabilitator of each.

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