Profile
Tom Stillman
Current Employment
  • Company:
    Tom Stillman Arbitrations
  • Position(s) and Responsibilities:

    Independent arbitrator since 2008, with a wide range of business and legal experience. Practice focusing on reinsurance and business problems of insurance companies.

  • Address:
    55 East Erie, 4805
    Chicago, ILLINOIS 60611 United States
  • Cell:
    312 961-4897
  • Email:
Previous Employment
  • Company:
    CNA Insurance Companies 1985- 2007
  • Position(s) and Responsibilities:

    Senior Vice President & Deputy General Counsel in charge of Corporate Litigation , the lawyers of which were responsible for corporate-wide high exposure litigation, particularly class actions, and significant reinsurance disputes. Experienced in reinsurance issues from standpoint of both cedant and reinsurer in the U.S and London markets concerning both property/casualty and life/health. Involved in wide range of insurance and reinsurance disputes including relationships with MGU’s, brokers, TPA’s, pools, captives, retrospective rating and finite insurance . For example, during last years at CNA, personally led multiple arbitrations, including one that entailed a hearing of 3 months, in billion dollar matter concerning rescission, authority and duties of pool managers and brokers, allocation of premiums and losses, follow the fortunes/settlements doctrines and treaty wording.

  • Company:
    Private practice with litigation boutique, government service as senior trial attorney and law school teaching
  • Position(s) and Responsibilities:

    17 years experience pre-CNA in complex litigation, with focus on class actions: private practice, government service and clinical faculty at University Of Chicago Law School. Post-CNA: adjunct faculty at Northwestern University Law School teaching trial practice.

Credentials
  • Attorney:
    Yes
  • Education:
    Syracuse University
    University Of Chicago Law School


  • Degrees:
    Syracuse University, AB cum laude
    University Of Chicago Law School, JD
  • Designations:
    ARIAS certified arbitrator
    Admitted to bars of State Of Illinois, Northern District Of Illinois (both Bar and Trial Bar), 7th Circuit Court Of Appeals and pro hoc vice in various other federal courts.
  • Other Information:
    Former Vice Chair Insurance Committee, American Bar Association Antitrust Section
Work Experience
  • Insurance Company: 23 years.
    Legal Department: 23 years. Senior Vice President and Deputy General Counsel
  • Reinsurance Company: 23 years.
    Legal Department: 23 years. Senior Vice President & Deputy General Counsel
  • Law Firm (Insurance/Reinsurance Practice): 4 years.
    Associate: 4 years. complex litigation boutique
  • Independent/Other Relevant Experience: 26 years.
    Other : 13 years. senior trial attorney US government, clinical faculty University Of Chicago Law School, trial attorney, federal agency
    Independent/Unaffiliated Arbitrator, Umpire and/or Mediator: 13 years. Arbitrator since January, 2008
Breakdown of Experience
  • Contract Wording
    10%
  • Workers' Compensation
    8%
  • Bad Faith/ECO
    6%
  • MGA/MGU
    6%
  • Accident & Health
    5%
  • Third Party Administrator
    4%
  • Employment Practices Liability
    4%
  • Commercial Liability
    3%
  • Automobile Liability/Property
    2%
  • Agricultural
    2%
  • Regulatory/Licensing
    2%
  • Professional Liability/Errors &, Omissions
    2%
  • Personal Lines
    2%
  • Alternative/Self-Insurance/Risk Management
    2%
  • Long Term Disability
    2%
  • Life
    2%
  • Libel/Slander/Media Liability
    2%
  • Insolvencies
    2%
  • Finite
    2%
  • Financial Guarantee
    2%
  • Healthcare
    2%
  • Excess/Surplus Lines
    2%
  • Environmental/Pollution
    2%
  • Asbestos
    2%
  • Captives/Risk Retention Groups
    2%
  • Catastrophes (Casualty)
    2%
  • Catastrophes (Property)
    2%
  • Commercial Property
    2%
  • Commutations
    2%
  • Disability
    2%
  • Directors &, Officers
    2%
  • Fidelity &, Surety
    2%
  • Architects &, Engineers
    1%
  • Construction Defects
    1%
  • Intellectual Property
    1%
  • Product/Consumer Warranties
    1%
  • Product Liability
    1%
  • Aviation
    1%
By Market
  • U.S. Market:
    69%
  • U.K. Market:
    28%
  • Bermuda/Off-shore Market:
    1%
  • European Market:
    1%
  • Global Market:
    1%

Insurance vs. Reinsurance: 66/33%
Treaty vs. Facultative Reinsurance: 95/5%
Former Insurance or Reinsurance Company Officer
Former Insurance or Reinsurance Company Director

Mediation Experience
  • Number of Mediations
    As Counsel: involved in numerous arbitrations and mediations as inside counsel
ARIAS Experience

Workshops, as Trainee: 1; March 2008

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

ARIAS Conference Faculty: 2; Fall 2009, Spring 2011, Spring 2015, Fall 2015, Fall 2016 conference

Other Approved Training:

Fall 2010 Educational Seminar - FACULTY;
March 2013 Educational Seminar - FACULTY
February 2015 webinar, April 2015 webinar, February 2016 webinar, July 2016 webinar, April 2017 webinar

Arbitration Experience

Number of Arbitrations

As an Arbitrator: 39

As an Umpire: 4

Arbitrator Experience
Number of Arbitrations
21
Appointed as an arbitrator.
4
Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage.
10
Acted as an arbitrator through the organizational meeting or the arbitration has only reached this stage and the resolution of significant pre-hearing motions.
4
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
1
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 to final award after completion of an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.
Biography

Tom Stillman is a seasoned litigator specializing in complex litigation, including large class actions of which he has handled a substantial number. Tom spent the bulk of his career, 23 years, in charge of Corporate Litigation at the CNA Insurance Companies from which he retired as Senior Vice President and Deputy General Counsel. He served as an officer of both CNA’s property/casualty and life/health companies.

Tom also practiced as a clinical faculty member at a top-ranked law school, an associate in a business litigation boutique, a senior federal trial attorney handling class actions and as a pro bono volunteer with community organizations. Upon his retirement from CNA, Tom returned to teaching
as an adjunct professor of law, teaching trial practice, and began a second career as an arbitrator concentrating in reinsurance and business problems of insurance companies.

Having represented both plaintiffs and defendants, Tom has the ability to see both sides of a dispute and has won praise from clients as a creative and practical advocate. As only an inhouse litigator can be, Tom has the advantage of having been immersed in the business of his company and
often in the room where important decisions were made. He believes that the adage “follow the money” is an important analytical tool in answering the question: ”What was really going on” in a business dispute.

While at CNA Tom and his staff represented the company in a full gamut of cases, literally from antitrust to zoning. Many of these cases involved high dollar amounts and most of them were non routine. He also filled in as leader of CNA’s in-house coverage lawyers.

In terms of reinsurance, CNA participated as a cedant and a reinsurer in the US and London markets, so Tom has had experience representing both. One of his major responsibilities was presiding over the years-long legal aftermath of the collapse of CNA’s London reinsurance business that spawned more than 40 high dollar arbitrations in the U.S. and London. The capstone of Tom’s reinsurance practice was leading a 3 month arbitration hearing with the company’s largest cedant with hundreds of millions of dollars, if not more, at stake.

During his time as a company executive or subsequently as an independent arbitrator, among the reinsurance disputes with which Tom has dealt, are ones concerning contract wording and interpretation, allocation, bad faith, fraud and misrepresentation, follow the fortunes/settlements, claim handling, underwriting, finite reinsurance, inuring reinsurance, renewal rates, pools, mga’s, tpa’s, captives, agents and brokers.

A graduate, cum laude, of Syracuse University and the University Of Chicago Law School, Tom is a current member of the Illinois Bar, a retired member of the Trial Bar, the General Bar of the Northern District Of Illinois and the 7th Circuit. He is a member of the Chicago Bar Association and the American Bar Association and former Vice-Chair of its Insurance Law Committee of the Antitrust section.