Profile
Sylvia Kaminsky
Current Employment
  • Company:
    Self-employed
  • Position(s) and Responsibilities:

    Insurance/Reinsurance consultant, arbitrator and attorney

  • Address:
    405 Park Street
    Upper Montclair, NEW JERSEY 07043
  • Phone:
    973-783-6031
  • Cell:
    973-202-8897
  • Fax:
    973-783-6031
  • Email:
Previous Employment
  • Company:
    Gerling Global Reinsurance Corporation of America
  • Position(s) and Responsibilities:

    2000-2003 – Sr. V.P. Claims & Legal Counsel<br>
    Responsible for legal matters including all arbitrations and litigations; supervised and managed claim staff, handled and coordinated all commutations, claim payments, retrocession recoveries and audits.<br>
    1998-2000 – Deputy General Counsel & Deputy Corporate Secretary <br>Responsible for counseling all departments within company; handled arbitrations and litigations, interpreted, drafted and developed reinsurance agreements and contract wordings; addressed regulatory matters.

  • Company:
    Constitution Reinsurance Corporation, 1995-1998
  • Position(s) and Responsibilities:

    Sr. V.P., General Counsel & Corporate Secretary – responsible for all legal activities supporting business units; handled all arbitrations and litigations; oversaw all regulatory matters; drafted reinsurance agreements.

  • Company:
    Private law practice, 1980-1994
  • Position(s) and Responsibilities:

    Provided all aspects of legal services to domestic and foreign insurers and reinsurers.

Credentials
  • Attorney:
    Yes
  • Education:
    Admitted to practice in New York State Courts; admitted in Federal Courts - Southern and Eastern Districts of New York, District of Arizona, Ninth Circuit Court of Appeals; American Arbitration Association, Commercial Panel.
  • Other Information:
    American Arbitration Association - Panel of Commercial Arbitrators and Complex Coverage Neutral Evaluation Panel, Member of FINRA Arbitrator Panel, Member of Arbitration Panel of International Institute for Conflict Prevention/Resolution, Member of Federation of Defense and Corporate Counsel of American Corporate Counsel Association. Association of Professional Insurance Women. Former member of the Reinsurance Association of America Law Committee and Reinsurance Dispute Task Force; Member of Law Committee of ARIAS

    . . . . . . . . .
    Sylvia Kaminsky has been in the insurance/reinsurance industry for more than 25 years having extensive experience in the conduct and supervision of insurance and reinsurance disputes.
    From 1995-1998, Ms. Kaminsky was Senior Vice President, General Counsel and Corporate Secretary of Constitution Reinsurance Corporation (CRC). In this position she was responsible for all legal activities supporting the business operations of the company including the handling of all arbitrations and litigations, overseeing regulatory matters, drafting reinsurance agreements and corporate contract, and commutations. Ms Kaminsky served on the Board of Directors of CRC and on the Board of Directors of Sirius America Insurance Company, a managed company of CRC. In 1998, CRC was acquired by Gerling Global Reinsurance Corporation where she became Senior Vice President of Claims where she oversaw the claims and litigations as well as the supervision and management of the claims staff. She coordinated all legal and claim departments of two major reinsurance companies, Ms. Kaminsky worked for 14 years in private law practice providing all aspect of legal services to domestic and foreign insurance and reinsurance companies.
    Ms. Kaminsky is a certified ARIAS-U.S. arbitrator. She is a member of the Federation of Defense and Corporate Counsel, The American Corporate Counsel Association, and Association of Professional Insurance Women. She was a former member of the Reinsurance Association of America Law Committee and Reinsurance Dispute Task Force. Ms. Kaminsky is admitted to practice law in New York State and the federal courts in the Eastern and Southern Districts of New York, the District of Arizona and the Ninth Circuit Court of Appeals.
Work Experience
  • Reinsurance Company: 8 years.
    Legal Department: 6 years. General Counsel, Sr. V.P., Corporate Secretary of Constitution Reinsurance Corporation and Sirius Reinsurance Corporation; Deputy General Counsel, Sr. V.P. and Deputy Corporate Secretary of Gerling Global Reinsurance Corporation of America
    Claim Department: 2 years. Sr. V.P. and Legal Counsel of Gerling Global U.S. Branch
  • Law Firm (Insurance/Reinsurance Practice): 15 years.
    Associate: 10 years.
    Counsel: 5 years.
  • Independent/Other Relevant Experience: 7 years.
    Independent/Unaffiliated Arbitrator, Umpire and/or Mediator: 7 years.
Breakdown of Experience
  • Workers' Compensation
    10%
  • Asbestos
    10%
  • Environmental/Pollution
    10%
  • Commutations
    5%
  • Toxic Tort
    5%
  • Regulatory/Licensing
    5%
  • Professional Liability/Errors &, Omissions
    5%
  • Product Liability
    5%
  • MGA/MGU
    5%
  • Directors &, Officers
    5%
  • Contract Wording
    5%
  • Accident & Health
    5%
  • Commercial Liability
    3%
  • Insolvencies
    2%
  • Construction Defects
    2%
  • Third Party Administrator
    2%
  • Bad Faith/ECO
    2%
  • Commercial Property
    1%
  • Architects &, Engineers
    1%
  • Automobile Liability/Property
    1%
  • Personal Lines
    1%
  • Ocean Marine
    1%
  • Long Term Disability
    1%
  • Libel/Slander/Media Liability
    1%
  • Fidelity &, Surety
    1%
  • Healthcare
    1%
  • Catastrophes (Property)
    1%
  • Catastrophes (Casualty)
    1%
  • Disability
    1%
  • Excess/Surplus Lines
    1%
  • Captives/Risk Retention Groups
    1%
By Market
  • U.S. Market:
    70%
  • U.K. Market:
    20%
  • Bermuda/Off-shore Market:
    1%
  • European Market:
    9%

Insurance vs. Reinsurance: 50/50%
Treaty vs. Facultative Reinsurance: 50/50%

Mediation Experience
  • Number of Mediations
    As Mediator: 2
    As Counsel: 2
ARIAS Experience

Workshops, as Faculty: 3; September 2008, March 2009, September 2011

Ethics Training, as Trainee: 1; May 2009

ARIAS Conference Faculty: 6; Spring 2004, Fall 2008, Fall 2009, Spring 2011, Spring 2012, Spring 2017

Other Approved Training:

February 2011 Educational Seminar - FACULTY; <br>
March 2013 Educational Seminar - FACULTY
March 2014 Educational Seminar - FACULTY

Arbitration Experience

Number of Arbitrations

As an Arbitrator: 131

As an Umpire: 80

As Outside Counsel: 25

As Employee Manager: 25

As Corporate Representative: 25

Arbitrator Experience
Number of Arbitrations
25
Appointed as an arbitrator.
25
Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage.
11
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 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 an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.
25
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.
30
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
10
Appointed as an umpire.
15
Acted as an umpire through the organizational meeting or the arbitration has only reached this stage.
15
Acted as an umpire through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
5
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.
5
Acted as an umpire through an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.
10
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.
20
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.
Lead Counsel Experience
Number of Arbitrations
5
Acted as Lead Counsel through the organizational meeting or the arbitration has only reached this stage.
5
Acted as Lead Counsel through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
5
Acted as Lead Counsel 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 Lead Counsel 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
5
Employee Manager of arbitration through the organizational meeting or the arbitration has only reached this stage.
5
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.
5
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.
10
Employee Manager of arbitration through evidentiary hearing of at least three full day regarding the substantive merits of the parties' dispute.
Company Representative Experience
Number of Arbitrations
5
Company Representative in arbitration through the organizational meeting or the arbitration has only reached this stage.
5
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.
5
Company Representative in arbitration through evidentiary hearing of at least one full day and less than three full days regarding the substantive merits of the parties' dispute.
10
Company Representative in arbitration through evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.
Biography

Sylvia Kaminsky has been in the insurance/reinsurance industry for 30 years. For the first 15 years of her career she was in private legal practice focusing on coverage, defense, insurance and reinsurance arbitration and litigation matters. She then joined Constitution Reinsurance Corporation as Senior Vice President, General Counsel and Corporate Secretary and served on the Board of Directors. She also served in the same capacity for Sirius Reinsurance Corporation which later became Sirius America Insurance Company. When Constitution Reinsurance Corporation was acquired by the Gerling Group, she was Deputy General Counsel and Senior Vice President of Claims for the U.S. Branch operations. Since 2002 she has served as a consultant and arbitrator to the industry having served in well over 100 arbitrations involving insurance, reinsurance and security matters. In addition to being a certified umpire/arbitrator of ARIAS-U.S., she is on the Panel of Commercial Arbitrators and on the Complex Coverage Neutral Evaluation Panel of the American Arbitration Association; a member of the arbitration panel for FINRA; and on the panel of the International Institute for Conflict Prevention.