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David A. Thirkill

Certified Arbitrator

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Personal Information

Phone: 603 471-9336
Cell: 603 203-0928

Current Employment

Company: The Thirkill Group
Address: 24 Powder Hill Road
Bedford, NH 03110
Phone: 603 471 9336
Cell: 603 203 0928
Email: coomac@comcast.net

Offering Services as Expert Witness in:

Captives, Finite / Financial Reinsurance / Alternative Risk, Offshore / London Markets, Surplus Relief Contracts

Previous Employment

Company: (1) The RiverStone Group 1999-2005
Position(s) and Responsibilities: (1) Vice President, responsible for managing significant reinsurance disputes and commutations in the US, Bermuda, and Europe for Fairfax Group companies in run-off,
Company: (2) Northover Venture, New York, Florida -1990-1999, (3) Forum Re, Bermuda; 1985-1990
Position(s) and Responsibilities: (3) Chief Executive, Reinsurance Consultancy, broking, run-off and start ups. Provided consultancy services to Florida MGU, and start up "take-out" entity, amongst others. (4) President, Senior Finite Reinsurance Underwriter;
Company: (4) British National, London, 1982 -1985 (5) Wigham Poland, Bermuda, 1978-1981
Position(s) and Responsibilities: (5) Director, Senior Underwriter, non-traditional reinsurance product, (6) Managing Director, Captive Manager and Underwriter, Reinsurance Broking
Company: (6) Castle Re, Gibraltar, 1972-1978 (7) J Meacock & Ors, Syn 727, Lloyds 1968-1972
Position(s) and Responsibilities: (6) Managing Director, Reinsurance Underwriter, Officer of Life Assurance subsidiary, (7) Deputy Underwriter

Credentials

Attorney: No
Designations: A.C.I.I., F.I.D.
Languages: English
Other Information: * Over 40 years meaningful experience in all aspects of the insurance and reinsurance industries, including run-off * Active - Officer and Director of insurance company * Retired 0fficer & Director of various reinsurance companies * Retired Officer & Director of life insurance companies. * Member of ARIAS-US, & ARIAS UK (Arbitration Societies) * Founder Member: ReMedi (a Mediation Society)

Work Experience

Insurance Company: 8 years

Executive Officer (CEO, COO, CFO, Chief Actuary): 5 years. CEO

Life: 3 years.

Reinsurance Company: 20 years

Underwriting Department: 15 years.

Executive Officer (CEO, COO, CFO, Chief Actuary): 5 years.

Insurance-related Firms: 7 years

Run-off Manager: 6 years.

Broker: 1 year.

Independent/Other Relevant Experience: 11 years

Independent/Unaffiliated Arbitrator, Umpire and/or Mediator: 11 years.

Breakdown of Experience

Commutations   15%
Finite   15%
Captives/Risk Retention Groups   15%
Catastrophes (Casualty)   15%
Catastrophes (Property)   10%
Life   10%
MGA/MGU   10%
Worker's Compensation   10%

By Market

U.S. Market: 25%

U.K. Market: 30%

Bermuda/Off-shore Market: 25%

European Market: 5%

Global Market: 15%

Insurance vs. Reinsurance: 15/85%
Treaty vs. Facultative Reinsurance: 80/20%
Former Insurance or Reinsurance Company Officer
Former Insurance or Reinsurance Company Director

Mediation Experience

Number of Mediations

As Mediator: 4

ARIAS Experience

Workshops, as Faculty: 1; March 2009, Fall 2015

Workshops, as Trainee: 1; January 2003

Ethics Training, as Trainee: 1; February 2009; November 2011

ARIAS Conference Faculty: 5; Fall 2004 Spring 2006, Spring 2011, Fall 2014, Spring 2015

Other Approved Training: ARIAS May 2010 Educational Seminar "Case Development and Preparing for the Arbitration Hearing" - FACULTY ARIAS March 2012 Educational Seminar - FACULTY

Arbitration Experience

Number of Arbitrations

As an Arbitrator: 227
As an Umpire: 27
As Employee Manager: 16

Arbitrator Experience

Number of Arbitrations

71 Appointed as an arbitrator.
40 Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage.
20 Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
15 Acted as an arbitrator through an evidentiary hearing of at least one full day and less than three full days regarding the substantive merits of the parties' dispute.
15 Acted as an arbitrator through an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.
13 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.
53 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

5 Appointed as an umpire.
2 Acted as an umpire through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
1 Acted as an umpire through an evidentiary hearing of at least one full day and less than three full days regarding the substantive merits of the parties' dispute.
3 Acted as an umpire through an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.
4 Acted as an umpire 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.
12 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

2 Employee Manager of arbitration.
2 Employee Manager of arbitration through the organizational meeting or the arbitration has only reached this stage.
3 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.
2 Employee Manager of arbitration through evidentiary hearing of at least one full day and less than three full days regarding the substantive merits of the parties' dispute.
7 Employee Manager of arbitration through evidentiary hearing of at least three full day regarding the substantive merits of the parties' dispute.

Biography

I have spent over 45 years in the insurance and reinsurance business - concentrating in reinsurance markets underwriting (mainly property & casualty and finite reinsurance) in the London Market, Bermuda and the United States.

I began my career in the London Market, firstly on a box at Lloyds and then in a professional reinsurance office based in London and Gibraltar (where I also became an officer and director of a locally based property and life insurer).

In 1979, I moved to Bermuda, where I managed and underwrote for captive organizations, returning to London as a reinsurance underwriter in 1981 before returning to Bermuda in 1985 as President and Chief Underwriter for a finite reinsurer.

In 1990, I moved full time to the U.S. After forming my own consulting company, I provided various services to various entities, including a Florida based workers comp MGU, and then a team which formed two property insurers effectuating "take-outs" from the FRPCJUA.

During 1999, I joined a leading run-off organization where I was mostly involved in significant reinsurance disputes. In addition I was responsible for numerous large commutation transactions.

In 2005, I became a full time arbitrator. I have been appointed in over 250 matters, as party appointed or umpire. I have acted as party appointed for both insurers, ceding companies and reinsurers. I have acted as an expert witness, almost exclusively in relation to disputes over finite contracts and have been as a mediator on a number of matters.

My appointments have included matters in the US, UK, Bermuda and have extended beyond reinsurance disputes into insurance and non-insurance subjects.

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