Profile
Diane M. Nergaard
Current Employment
  • Company:
    Eriksen Enterprises, LLC
  • Position(s) and Responsibilities:
  • Certified arbitrator
  • Insurance/Reinsurance
  • Structured finance

    Experience: Procurement of reinsurance, negotiation of reinsurance contract wording.

  • Legal aspects of all insurance and reinsurance components of business
  • Mergers & acquisitions
  • Insurance company licensing, lobbying and other regulatory activities
  • Real estate financing/structuring (large-scale retail/office/hotel development)
  • Transaction oversight for structured finance deals such as residential mortgage-backed securities and a structured reinsurance solution, utilizing credit-linked notes and an offshore issuer.
  • Address:
    507 Westover Rd.
    Stamford, CONNECTICUT 06902
  • Phone:
    203-359-3736
  • Fax:
    203-325-1378
  • Email:
  • Previous Employment
    • Company:
      The Zurich Group
    • Position(s) and Responsibilities:

      Senior Vice President, Zurich Centre Group; Vice President, Centre; Vice President, Zurich Benefit Finance; Vice President and Deputy General Counsel, ZC Resource

    • Supervision of insurance / reinsurance disputes, litigation
    • Oversaw procurement of reinsurance and negotiation of reinsurance contract wording
    • Product development, policy wording and reinsurance strategy for Corporate Owned Life Insurance product targeting the institutional and individual high net worth U.S. variable life insurance markets
    • Formed NASD Broker/Dealer specializing in the creation of custom derivatives solutions for clients
    • Managed acquisition of Kemper Corporation and subsequent spin-off of non-core businesses by Zurich Insurance Company
    • Created a virtual insurance company for Florida residual property/casualty market, responsible for strategy, licensing, vendor selection, MGA/MGU partners, and corporate and regulatory issues.
    • Company:
      XEROX Group
    • Position(s) and Responsibilities:

      Crum & Forster/Talegen/The Resolution Group, Legal

    • Charged with the mandate of running off US$2.1 billion in impaired reinsurance recoverables.
    • Responsibilities included handling commutations, settlements, arbitrations, and litigation of environmental, regulatory, and D&O claims.
    Credentials
    • Attorney:
      Yes
    • Other Information:
    • Admitted to practice in New York, Southern and Eastern Districts in 1984
    • Admitted to practice in the Second Circuit Court of Appeals
    Work Experience
    • Insurance Company: 8 years.
      Legal Department: 3 years. Vice President, Deputy General Counsel
      Executive Officer (CEO, COO, CFO, Chief Actuary): 2 years. Director
      Claim Department: 1 year. Vice President
      Ceded Reinsurance Department: 2 years. Vice President
      Finance Department: 2 years. Senior Vice President
    • Reinsurance Company: 7 years.
      Legal Department: 4 years. Vice President
      Claim Department: 2 years. Vice President
      Finance Department: 2 years. Senior Vice President
    • Law Firm (Insurance/Reinsurance Practice): 7 years.
      Associate: 7 years.
    • Insurance-related Firms: 9 years.
      Consultant: 9 years. President , N/A
    • Independent/Other Relevant Experience: 18 years.
      Independent/Unaffiliated Arbitrator, Umpire and/or Mediator: 18 years. Aribtrator
    Breakdown of Experience
    • Financial Guarantee
      8%
    • Finite
      8%
    • Workers' Compensation
      5%
    • Life
      5%
    • MGA/MGU
      3%
    • Directors &, Officers
      3%
    • Healthcare
      3%
    • Intellectual Property
      3%
    • Catastrophes (Property)
      3%
    • Catastrophes (Casualty)
      3%
    • Captives/Risk Retention Groups
      3%
    • Political Risk
      3%
    • Professional Liability/Errors &, Omissions
      3%
    • Asbestos
      3%
    • Alternative/Self-Insurance/Risk Management
      3%
    • Energy
      3%
    • Excess/Surplus Lines
      2%
    • Product Liability
      2%
    • Insolvencies
      2%
    • Toxic Tort
      2%
    • Accident & Health
      2%
    • Fidelity &, Surety
      2%
    • Commercial Liability
      2%
    • Contract Wording
      2%
    • Commutations
      2%
    • Aviation
      2%
    • Commercial Property
      2%
    • Bad Faith/ECO
      2%
    • Architects &, Engineers
      1%
    • Third Party Administrator
      1%
    • Regulatory/Licensing
      1%
    • Automobile Liability/Property
      1%
    • Product/Consumer Warranties
      1%
    • Personal Lines
      1%
    • Environmental/Pollution
      1%
    • Ocean Marine
      1%
    • Agricultural
      1%
    • Libel/Slander/Media Liability
      1%
    • Construction Defects
      1%
    • Disability
      1%
    • Employment Practices Liability
      1%
    • Long Term Disability
      1%
    By Market
    • U.S. Market:
      60%
    • U.K. Market:
      15%
    • Bermuda/Off-shore Market:
      15%
    • European Market:
      5%
    • Global Market:
      5%

    Insurance vs. Reinsurance: 50/50%
    Treaty vs. Facultative Reinsurance: 60/40%

    Mediation Experience
    • Number of Mediations
      As Counsel: 15
    ARIAS Experience

    Workshops, as Faculty: 2; March 2009, September 2013

    Ethics Training, as Trainee: 1; October 2009; December 2011

    ARIAS Conference Faculty: 5; Spring 2006, Fall 2007, Fall 2013, Fall 2014, Spring 2015

    Other Approved Training:

    Fall 2013 Educational Seminar - FACULTY

    Arbitration Experience

    Number of Arbitrations

    As an Arbitrator: 144

    As an Umpire: 27

    As Outside Counsel: 21

    As Employee Manager: 8

    As Corporate Representative: 13

    Arbitrator Experience
    Number of Arbitrations
    23
    Appointed as an arbitrator.
    4
    Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage.
    63
    Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
    54
    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
    2
    Appointed as an umpire.
    14
    Acted as an umpire through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
    11
    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
    2
    Retained and Acted as Lead Counsel, up to, but not including, the organizational meeting or the arbitration has only reached this stage.
    11
    Acted as Lead Counsel through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
    8
    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
    8
    Not available or unwilling to provide. ARIAS recognizes that in an effort to protect the respective company(ies) that you work(ed) for, you may not be able to divulge the status of the arbitrations that you participated in. Indicate such arbitrations here.
    Company Representative Experience
    Number of Arbitrations
    13
    Not available or unwilling to provide. ARIAS recognizes that in an effort to protect the respective company(ies) that you work(ed) for, you may not be able to divulge the status of the arbitrations that you participated in. Indicate such arbitrations here.
    Biography