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Elaine Caprio
FICM COI Checked CPD Current International Trade, Transport & Maritime Bench

Elaine Caprio

Arbitrator & Mediator

Lynnfield, United States · Americas
Bench: International Trade, Transport & Maritime Bench Practice: mediation arbitration Sectors: Banking and Finance
Professional Biography
An experienced lawyer and corporate executive whose strengths include forging resolutions to U.S. and international business disputes, purchasing efficient re-insurance programs, establishing systems to effectively manage claims, litigation and enterprise-wide spend, and drafting insurance and reinsurance contracts. Skilled negotiator and influencer with an in-depth knowledge of the operational and legal issues addressed by insurance and reinsurance companies. Admitted to practice law in the Commonwealth of Massachusetts, United States District Court for the District of Massachusetts, and the United States Circuit Court of Appeals for the First Circuit.
CORE COMPETENCIES
  • Dispute Resolution
  • Claims and Litigation Management
  • Re-Insurance Placements & Contracts
  • Risk Management
  • Procurement Transformation
  • Operational Restructuring
ARBITRATONS AND MEDIATIONS CONDUCTED
Served as sole arbitrator, neutral arbitrator or party arbitrator for 9 insurance, reinsurance or commercial arbitrations andas an employee manager for an additional 7 reinsurance arbitrations. Acted as coordinating counsel for 2 mediations involving multimillion-dollar insurance coverage cases and bad faith issues.Served as mediator for 17 small claims court cases. Issues addressed in arbitrations: Pollution, asbestos, and/or toxic tort claims; follow the fortunes and settlements; extra-contractual obligations; whether declaratory judgment expenses are covered under reinsurance treaties; facultative certificate coverage; the \"Bellefonte\" issue: whether expenses incurred are covered in addition to the loss limit under facultative certificates; retrospective premium disputes involving workers\' compensation policies; loss and premium calculations for per risk and aggregate excess of loss treaties; reduction incollateral obligations via letters of credit; whether a written consent to settlement clause is a condition precedent to coverage; commercial contract disputes.
EXPERIENCE
2014 to present: Caprio Consulting and Coaching LLC - President Provide insurance and reinsurance services, legal services, operational advising, and alternative dispute resolution services. Assist companies with managing risk, solving problems, improving efficiencies and resolving disputes. Party appointed, umpire and neutral party arbitrator for commercial disputes with a specialty in both insurance and reinsurance coverage issues. Mediator for commercial disputes. 2012 to 2014: Vice President and Manager of Corporate Procurement, Liberty Mutual Insurance Transformed a decentralized procurement, sourcing and supplier management operation. 2007-2012: Vice President and Manager of Ceded Reinsurance Standardized and improved contract wording for property and casualty reinsurance treaties and facultative certificates, and developed an internal reinsurance system. Mitigated credit risk, established risk tolerance and purchased cost effective business unit and corporate reinsurance protection, including treaties, swaps and catastrophe bonds. Set group-wide reinsurance standards for reinsurer selection, concentration, collateral, reinsurance contract administration, and broker performance. 1989-2007: Counsel and Senior Corporate Counsel, Liberty Mutual Insurance Strategically advised worldwide on ceded or assumed facultative, treaty and retrocessional reinsurance matters. Provided legal advice to clients regarding credit risk, collateral quality, reinsurance contracts and reinsurance accounting issues. Handled reinsurance arbitrations, analyzed coverage issues, drafted and negotiated reinsurance-related contracts. Handled and resolved high exposure environmental (asbestos, pollution, toxic tort) coverage claims, litigation and reinsurance recoveries. Drafted general liability policy language.
Overview
An experienced lawyer and corporate executive whose strengths include forging resolutions to U.S. and international business disputes, purchasing efficient re-insurance programs, establishing systems to effectively manage claims, litigation and enterprise-wide spend, and drafting insurance and reinsurance contracts.
Qualifications & Education
  • Panelist –American Arbitration AssociationNational Roster of Arbitrators, 2017-Present
  • AIDA Reinsurance and Insurance Arbitration Society (ARIAS-US) Certified Arbitrator and Qualified Mediator, 2015-Present
  • Mediator Training, Pepperdine University School of Law, Malibu, California, 2014
  • Juris Doctor, Cum Laude, Suffolk University Law School, Boston, Massachusetts
  • BA, Humanities, Magna Cum Laude, Providence College, Providence, Rhode Island
Global Bench
International Trade, Transport & Maritime Bench

Shipping, aviation, logistics, cross-border trade, customs, maritime disputes.

Services & Capabilities
Arbitration Expert Determination Standing Neutral
Who this Neutral Serves
For Associations & Bodies FICM for the General Counsel’s office For Global Corporations
Industry Experience
Financial Services Public Sector Professional Services
INDS™ Qualified

Elaine Caprio is listed on the TheNeutrals.ORG™ Global Bench and is qualified under the INDS™ Neutral Evaluation methodology. Every engagement follows the six-stage INDS™ process: Intake, Information Gathering, Behavioural Assessment, Risk Analysis, Strategy & Settlement Feasibility, and Final Report. All four sub-frameworks (INDS-BF™, INDS-RG™, INDS-SFM™, INDS-SF™) apply to every evaluation engagement.

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