Profile
David A. Thirkill
Current Employment
  • Company:
    The Thirkill Group
  • Address:
    24 Powder Hill Road
    Bedford, NEW HAMPSHIRE 03110
  • Phone:
    603 471 9336
  • Cell:
    603 203 0928
  • Email:
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
  • Finite
    15%
  • Catastrophes (Casualty)
    15%
  • Commutations
    15%
  • Workers' Compensation
    10%
  • MGA/MGU
    10%
  • Catastrophes (Property)
    10%
  • Third Party Administrator
    5%
  • Life
    5%
  • Captives/Risk Retention Groups
    5%
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: 6; Fall 2004 Spring 2006, Spring 2011, Fall 2014, Spring 2015, Spring 2017

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: 298

As an Umpire: 28

As Employee Manager: 16

Arbitrator Experience
Number of Arbitrations
81
Appointed as an arbitrator.
46
Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage.
27
Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
33
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.
36
Acted as an arbitrator through an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.
15
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.
60
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.
3
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.
3
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

Nearly 50 years experience in the insurance and reinsurance business including reinsurance underwriting (mainly property & casualty and finite reinsurance), insurance company (including captive) formation and management, and run-off in the London Market, Bermuda and the United States

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

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

During 1990, I moved full time to the U.S.A. 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. In 1999, I joined a leading run-off organization as a Senior Vice President where I was mostly involved in significant reinsurance disputes. In addition I was responsible for numerous large commutation transactions.

During 2005, I became a full time arbitrator. I have been appointed in over 350 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 a mediator in a number of matters. I also helped form and invested in a start up property / casualty insurance company licensed in Florida and Louisiana becoming a Director and Company Secretary (the company was subsequently purchased by a major Florida insurer). My appointments have included matters in the US, UK, Bermuda (both ‘Bermuda Form’ and reinsurance disputes).