Vincent J. Proto

Vincent Proto is a member of the firm's insurance and reinsurance practice group.

Vinnie has nearly 30 years of experience in litigating insurance and reinsurance coverage disputes in federal and state courts, as well as in private, contractual arbitration, for major insurance and reinsurance companies. He has handled, among other things, matters involving commercial general liability and latent injury claims (including asbestos, hazardous waste, and sexual misconduct), insolvencies, surety, marine, financial guaranties, catastrophe treaties, and whole account reinsurance. He also has extensive appellate experience, including appeals on complex insurance, reinsurance and commercial litigation matters before the appellate courts of New Jersey and New York and a number of U.S. Courts of Appeals. These appeals have involved novel issues and leading decisions on such matters as allocation of long-tail asbestos claims, the follow-the-settlements doctrine, and the reinsurer’s right to interpose defenses in insurance insolvency proceedings.

Vinnie is admitted to practice law in the states of New Jersey, New York and Pennsylvania, federal District Courts in those states, and multiple federal Courts of Appeals.

Memberships & Activities

Member: New York State Bar Association. Tort, Insurance and Compensation Law Section and Dispute Resolution Section

Member of ARIAS U.S.: AIDA Reinsurance and Insurance Arbitration Society.

Member: The Association of the Federal Bar of New Jersey

Vinnie has tried over 30 cases at final hearing in court and arbitration. Vinnie also has litigated some of the leading court decisions in reinsurance and insurance, including:

Travelers Casualty & Surety Company v. Insurance Co. of North America(3d Cir. 2010) (affirming trial decision in favor of cedant and rejecting reinsurance gerrymandering arguments);
Karen L. Suter, The Commissioner of Banking and Ins. Of the State of New Jersey, In Her Capacity as Liquidator of Integrity Ins. Co. v. General Accident Ins. Co.(D. N.J. 2006) (rescinding reinsurance coverage in favor of reinsurer and rejecting cedant’s bad faith presentation of Pfizer heart valve claims);
American Bankers Ins. Co. v. Northwestern National Ins. Co.(11th Cir. 1999) (early case applying follow the settlements to a retrocessional recovery in favor of retrocedant in context of breast implant claims);
Travelers Casualty & Surety Company v. Ace American Reinsurance Company(2d Cir. 2006) (affirming trial court summary judgment decision in favor of cedant applying annual limits to three-year reinsurance contract);
Owens-Illinois, Inc. v. United Insurance Company(N.J. 1994) (leading case determining allocation method for asbestos claims).
Sentry Ins. v. Sky Management (D.N.J. 1999) (insurer permitted to attach NJ policyholder’s cause of action in NY state court).

Practices

Education

J.D., Pennsylvania State University, The Dickinson School of Law, 1990
B.A., University of Notre Dame, 1987

Bar and Court Admissions

New Jersey
New York
Pennsylvania
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, District of New Jersey
U.S. District Court, Eastern District of Michigan
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Western District of New York

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