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Profile
Fred J. Pinckney Esq.
Current Employment
  • Company:
    Business Law and Arbitration Services, Inc.
  • Position(s) and Responsibilities:

    Responsible for (i) providing corporate, capital formation, transaction, and regulatory legal services to public and private businesses, including commercial general liability and specialty liability insurance and reinsurance companies, risk retention groups, and healthcare benefits group captives, and (ii) serving as a Member of the Commercial Panel of the American Arbitration Association in over 100 commercial business arbitrations, including insurance and reinsurance disputes. He is also an ARIAS U.S.-certified arbitrator.

  • Address:
    5535 Errol Place
    Suite 200
    Atlanta, GEORGIA 30327 United States
  • Cell:
    404.580.0878
  • Email:
  • Website:
    www.fredpinckney.com
Offering Services as Expert Witness in:
Casualty Underwriting, Insurance Underwriting, Liability Underwriting, Pro Rata / Quota Share Reinsurance Agreements, Reinsurance Underwriting, Accident and Health Claims, Asbestos Claims, Insurance Claims, Liability Claims, Pollution Claims, Reinsurance Claims, Captives, Coverage / Contract Interpretation, Financial Guarantees, Finite / Financial Reinsurance / Alternative Risk, Fronting Arrangements, Offshore / London Markets, Regulatory / Compliance, Reinsurance Contract Wording, UK/Bermuda Law
Previous Employment
  • Company:
    American Safety Insurance Group, Ltd.
  • Position(s) and Responsibilities:

    General Counsel and Corporate Secretary of Bermuda licensed specialty and commercial liability insurance and reinsurance company listed on the New York Stock Exchange. Together with Company executives, primarily responsible for insurance and reinsurance treaties, major claims/arbitration matters, compliance and coordination of all insurance regulatory and financial filings, New York Stock Exchange filings, as well as periodic and annual reporting to the Securities and Exchange Commission.

  • Company:
    Partner in Law Firms in Atlanta, Georgia
  • Position(s) and Responsibilities:

    Responsible for providing corporate, capital formation, transaction, and regulatory legal services to public and private businesses, including specialty and commercial insurance and reinsurance companies, risk retention groups, and group captives.

Credentials
  • Attorney:
    Yes
  • Education:
    Univ. of Pittsburgh Undergraduate Degree and
    Univ. of Michigan Law School
  • Degrees:
    Bachelor of Arts in Political Science and
    Juris Doctor
  • Designations:
    Member of Commercial Panel of the American Arbitration Association
    ARIAS U.S.-certified arbitrator
  • Languages:
    English
  • Other Information:
    "AV" (Highest Standard) Legal Expertise and Professional Reputation Peer Rating from Martindale-Hubbell.
    Member of the Georgia Bar Association
Work Experience
  • Insurance Company: 10 years.
    Legal Department: 10 years. General Counsel
  • Reinsurance Company: 10 years.
    Legal Department: 10 years. General Counsel
  • Law Firm (Insurance/Reinsurance Practice): 25 years.
    Partner: 20 years.
    Associate: 5 years.
  • Independent/Other Relevant Experience: 15 years.
    Independent/Unaffiliated Arbitrator, Umpire and/or Mediator: 15 years. Arbitrator and Umpire
Breakdown of Experience
  • Contract Wording
    25%
  • Captives/Risk Retention Groups
    20%
  • Alternative/Self-Insurance/Risk Management
    15%
  • Commercial Property
    10%
  • Commercial Liability
    10%
  • Excess/Surplus Lines
    5%
  • Healthcare
    5%
  • Asbestos
    5%
  • Directors &, Officers
    2%
  • Professional Liability/Errors &, Omissions
    2%
  • Agricultural
    1%
By Market
  • U.S. Market:
    40%
  • U.K. Market:
    20%
  • Bermuda/Off-shore Market:
    40%

Insurance vs. Reinsurance: 40/60%
Treaty vs. Facultative Reinsurance: 90/10%
Former Insurance or Reinsurance Company Officer

Mediation Experience
  • Number of Mediations
    As Mediator: 2
    As Counsel: 5
Arbitration Experience

Number of Arbitrations

As an Arbitrator: 4

As an Umpire: 6

As Corporate Representative: 8

Arbitrator Experience
Number of Arbitrations
1
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.
1
Acted as an arbitrator through an evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.
2
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.
Umpire Experience
Number of Arbitrations
2
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.
1
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.
Company Representative Experience
Number of Arbitrations
2
Company Representative in arbitration through pre-hearing briefs.
3
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.
3
Company Representative in arbitration through evidentiary hearing of at least three full days regarding the substantive merits of the parties' dispute.
Biography

Fred Pinckney has commercial general liability and specialty liability insurance and reinsurance experience covering more than 30 years. He assisted as outside legal counsel in (1) the regulatory formation and capitalization in 1985 of American Safety Insurance Group, Ltd., a Bermuda licensed commercial and specialty liability insurance and reinsurance company, which primarily insured the general liability risks of general contractors and asbestos abatement contractors , and (2) the regulatory formation and capitalization in 1987 of American Safety Risk Retention Group, Inc., a Vermont licensed group captive, which also insured the general liability risks of general contractors and asbestos abatement contractors . As outside legal counsel, together with company executives, he was responsible for regulatory, insurance and reinsurance treaties, and major claims and arbitration matters for American Safety Risk Retention Group, Inc. as a direct insurer, and American Safety Insurance Group, Ltd., as its reinsurer.

In 1997, Mr. Pinckney became in-house General Counsel and Corporate Secretary for American Safety Insurance Group, Ltd. in connection with its initial public stock offering. Together with company executives, he was primarily responsible for commercial and specialty insurance and reinsurance treaties, major claims and arbitration matters, compliance and coordination of all insurance regulatory and financial filings, New York Stock Exchange filings, as well as periodic and annual reporting to the Securities and Exchange Commission from 1997 to 2005.

Since 2006, Mr. Pinckney has been involved in the healthcare industry and related insurance benefits group captive matters. He is the principal of Business Law & Arbitration Services, Inc. in Atlanta Georgia.

Mr. Pinckney is an active Member of the Commercial Panel of Neutrals of the American Arbitration Association, where he has served as a panel member, chair, or sole arbitrator in over 100 commercial business arbitrations, including insurance and reinsurance disputes. He also an ARIAS U.S.-certified arbitrator.

He received his Bachelor of Arts undergraduate degree from the University of Pittsburgh and his Juris Doctor degree from the University of Michigan Law School. Mr. Pinckney has received an “AV” (Highest Standard) Legal Expertise and Professional Reputation Peer Rating from Martindale-Hubbell. He is a Member of the Georgia Bar Association.