Daniel L. FitzMaurice
Daniel "Dan" FitzMaurice represents clients in trials, arbitrations, and appeals of complex commercial disputes, with an emphasis on matters involving insurance and reinsurance, corporate, banking, franchise, and financial transactions. He has tried numerous cases in state and federal courts across the United States for both domestic and foreign entities. Dan has also handled appeals before the U.S. Courts of Appeals for the Second, Third, Ninth and District of Columbia circuits, as well as the Connecticut Supreme Court.
Dan has represented ceding companies and reinsurers in difficult reinsurance litigation across a wide range of legal issues, including:
- Property-casualty insurance
- Surety
- Mortgage insurance
- Financial guaranty
- Life insurance
- Annuities
- Health insurance
- Disability insurance
- Long-term care
Dan is actively engaged in AIDA Reinsurance and Insurance Arbitration Society, ARIAS-U.S., having served on the Board of Directors and as chair, and as a member and co-chair of the Arbitration Task Force. He currently serves on the Strategic Planning Committee and the Membership Committee of ARIAS-U.S. Dan also publishes and speaks frequently on issues relating to reinsurance, financial services, and trial practice.
After law school, Dan was law clerk to The Honorable Myron H. Bright, U.S. Court of Appeals for the Eighth Circuit. Dan is chair of the firm’s Litigation department and formerly served on Day Pitney's Executive Committee.
Represented ceding companies as trial counsel in a multi-phase arbitration involving disputes with a reinsurer concerning more than forty treaties with well over $500,000,000 in ceded premiums and losses
Represented a reinsurer in an arbitration with a cedent over the propriety of aggregating separate losses to fulfill the cedent's retention under four excess cessions treaties. The U.S. District Court for the Southern District of New York confirmed the award in favor of the reinsurer
Represented an insurance company in successful litigation against its insured to recover loss-sensitive premiums
Represented insurance companies and brokers in connection with investigatory subpoenas from state regulators and the Connecticut Attorney General
Defended an insurance company in a purported class action involving allegations of improper claims handling
Defended a healthcare consulting firm in multimillion-dollar litigation involving capitated rates for Medicaid recipients participating in managed care
Represented international reinsurers in disputes with ceding companies over claims handling, notice, and cooperation
Represented a ceding company in contractual and actuarial disputes with its reinsurer with regard to long-term care policies
Represented insurers and healthcare companies in insurance regulatory proceedings to obtain permission to acquire control of a managed care company based in Connecticut
Represented a national bank and its operating subsidiary in the first suit in which a U.S. Court of Appeals determined that federal law preempts state regulatory and visitorial authority over the subsidiary of a national bank.
Represented a surety company in recovering substantial sums from reinsurers with regard to advance payment supply bonds
Defended a workers' compensation insurer against claims of bad faith, arguing successfully in the Connecticut Supreme Court that the Workers' Compensation Act provided the exclusive remedy for plaintiff's allegations.
Represented a national bank in its successful challenge to efforts by the State of Connecticut to prohibit ATM fees
Advised a multinational manufacturer with regard to insurance-related litigation pending in the United States, England, and France
Represented a life and health insurer in obtaining substantial sums from a reinsurer that had challenged the cedent's claims handling and financial administration
Chosen for inclusion in the Chambers USA Legal Directory (Chambers & Partners) as a leading litigation: general commercial attorney, 2008-2020
Selected to the list of Connecticut Super Lawyers (Thomson Reuters), Insurance Coverage, 2006-2019
Recognized as a leading litigation practitioner in Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys
AV Preeminent rated by Martindale-Hubbell (LexisNexis)
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