Roland C. Goss
Partner

Washington, D.C.

Email: rcg@jordenusa.com
Phone: 202.965.8148
Fax: 202.965.8104

Rollie Goss, chair of Jorden Burt's Reinsurance Industry Group, specializes in reinsurance disputes, reinsurance transactional counseling and the defense of class actions and other complex litigation and arbitration matters. He has been responsible for the arbitration and litigation of reinsurance issues relating to life, property and workers' compensation risks and disputes involving reinsurance brokers, U.S. risks, London market risks and Bermuda domiciled reinsurers. Rollie had a lead role representing a major life insurance company in the preparation and trial of a major insurance market conduct class action lawsuit and represented a major life insurance company in a thirty-seven state collaborative market conduct examination of its deferred annuity business. Rollie has counseled clients on reinsurance strategies and a range of reinsurance transactional issues, and created and is the blogmaster of Reinsurance Focus, an award winning Internet blog focusing on reinsurance and arbitration matters. Rollie has written and lectured extensively on reinsurance issues and on electronic discovery issues, and is well versed and experienced with alternative methods of computerized support for our complex litigation and arbitration matters. He is a regular contributing editor to Harris Martin's Reinsurance on-line and print newsletter, and is a member of the Editorial Board of West's Insurance Coverage Litigation Reporter. Rollie has been active in Jorden Burt's pro bono program, handling foster care and adoption matters.

Representative Matters

• Mooney v. Allianz Life Insurance Co. (trial of major insurance sales practice class action)

• John Hancock Life Insurance Co. v. American Reliable Insurance Co. (arbitrations - arbitration of personal accident risk reinsurance dispute)

• First Allmerica Insurance v. Minnesota Life Insurance Co. (arbitrations - AAA arbitration of dispute over the price for a block of defined benefit plan contracts purchased by one insurance company from another)

• Snell v. Allianz Life Insurance Company of North America, in United States District Court, District Minnesota (class settlements - assisted in negotiation and responsible for administration of nationwide class settlement of "vanishing premium" life insurance case)

• Conner Bond Litigation (United States District Court and Bankruptcy Court for the Eastern District of North Carolina) (complex financial litigation - consolidation of approximately 28 cases resulting from the bankruptcy of a vertically integrated mobile home company that resulted in approximately $180 million of collateralized bonds being of questionable value, with two document depositories, several millions of pages of documents produced and over 320 days of deposition testimony)

• Adelstein v. Unicare Life & Health Insurance Company (United States District Court, Middle District of Florida) (health care class actions - defeated class certification and prevailed on summary judgment in medical recovery subrogation case, with both rulings affirmed on appeal)

• Personal Accident reinsurance market (reinsurance - counseling and strategic planning with respect to disputes regarding reinsurance of personal accident and occupational accident risks through the London market, which resulted in both arbitrations and litigation)

• In re Pine Top Insurance Company (State of Illinois special liquidator) (insurance company insolvency - recovery of substantial claim for insurance company in insolvency proceeding of another insurance company)

• White v. CUNA Mutual (Florida state court, Palm Beach County) (insurance coverage - secured pre-emptive denial of class certification in disability claim/policy interpretation case)

• Larson v. Union Security Life Insurance Company (Minnesota state court, Minneapolis) (insurance sales practices (non-class action) - secured summary judgment for insurance company in case alleging that the company charged a premium in excess of the amount allowed by Minnesota law)

• James Oliver and Linda Wells v. American Bankers Insurance Company (Circuit Court for Jefferson County, Mississippi) (jury trials - jury trial of insurance sales practice dispute in a rural Mississippi state court, resulting in verdict for plaintiff in an amount of less than 1% of the amount sought, which was reversed entirely to become a defense verdict by the Mississippi Supreme Court)

Reinsurance Speeches and Publications

Speeches

• A Twelve-Step Program For The Successful Settlement of Class Actions, Insured Retirement Institute, Government, Legal and Regulatory Conference (June 2011)
  

• Speaker at pre-conference workshop, Reinsurance Claims & Arbitration (American Conference Institute - September 2008) (paper and presentation slides included)

• Speaker - "E-Discovery - A Year Later: How the New Rules Affect Your Practice," (American Bar Association - December 2007) (paper included)

• Organizer and Speaker, "Insurance Industry and Financial Services Litigation: Challenges of E-Discovery" (ALI-ABA - May 2007) (paper and presentation slides included)

• Speaker - Update on Electronic Discovery Obligations and Issues (Hartford and Connecticut Bar Associations - January 2007) (papers and presentation slides included)

• Organizer and Moderator of panel presentation: "Has my Electronic Evidence Gone Bad? Hot Topics in E-Discovery and Spoliation" (American Bar Association Annual Meeting - August 2006) (paper and presentation slides included)

• Organizer and Speaker, "Electronic Discovery: What's All the Fuss About?" (American Bar Association - April 2005) (paper and presentation slides included)

• Speaker - Electronic Discovery Rules and Obligations (Hartford and Connecticut Bar Associations - January 2005) (paper and presentation slides included)

• Speaker, Litigating insurance coverage issues as class actions (American Bar Association Annual Meeting - August 2001) (paper and presentation slides included)

• Speaker, The Use of Technology in Pre trial Proceedings in Life, Health and Market Conduct/Sales Practices Insurance Litigation (ALI-ABA - October 2000)

• Speaker, Insurance Bad Faith (NCI - Spring 2000) (paper and presentation slides included)

• Speaker, Insurance Coverage Primer (American Bar Association - August 1997) (paper and presentation slides included)

Publications

Continuing Publication Positions

• Regular Contributing Editor to Reinsurance (Harris Martin), on reinsurance and arbitration issues
• Member of Editorial Board of Insurance Litigation Reporter (West)
• Founder, blogmaster and contributor to Reinsurance Focus Internet blog (www.ReinsuranceFocus.com)

Specific articles

• Author, "Alabama Supreme Court Vacates the Class Certification of Homeowners' Hurricane Property Claims." Insurance Litigation Reporter, Vol. 33, No. 21, pages 629-630 (2011).
• Co-Author, "Recent NAIC Developments," ABA TTIPS Insurance Regulation Committee Newsletter, Winter 2012.
• Author, "Eighth Circuit Enforces Follow-the-settlements Provision in Reinsurance Agreement Even Though the Insurer Disregarded Non-binding Claims Recommendations of the Reinsurer." Insurance Litigation Reporter, Vol. 33, No. 20, pages 600-601 (2011).
• Author, "Court Refuses to Imply a Cut-through Provision in Favor of an Insured into a Reinsurance Agreement." Insurance Litigation Reporter, Vol. 33, No. 20, pages 601-602 (2011).
• Author, " Delaware Supreme Court Answers Certified Questions with Respect to a Challenge to the Validity of a Stranger Originated Life Insurance (STOLI) Policy." Insurance Litigation Reporter, Vol. 33, No. 18, pages 546-548 (2011).
• Author, "California Court of Appeals Affirms the Denial of Class Certification in an Insurance Sales Practice Case Involving the Sale of Universal Life Insurance, Finding a Lack of Predominance of Common Issues." Insurance Litigation Reporter, vol.33, no. 12, pages 331-332 (2011)
• Author, "Oregon Supreme Court Affirms Class-Wide Common Law Fraud Verdict Based upon Circumstantial Evidence of Reliance," Insurance Litigation Reporter, vol. 33, no. 9, pages 300-302 (2011)
• Author, "Implementation of the Dodd-Frank As it May Relate to Insurance Interests," Harris Martin Reinsurance, March 2011.
• Author, "Can State Laws Prevent International Arbitration of Insurance Disputes under the New York Convention?" Dispute Resolution Journal, November 2010/January 2011
• Author, "The Provisions of the Dodd-Frank Bill Affecting Insurance and Reinsurance," Harris Martin Reinsurance, September 2010
• Author, "An Overview of Stolt-Nielsen S.A. v. AnimalFeeds International Corp.," Harris Martin Reinsurance, May 2010
• Author, "Recent 9th Circuit Arbitration Ruling Examined," Harris Martin Reinsurance, February 2010
• Author, "3rd Circuit's Ruling in Century v.Lloyd's," Harris Martin Reinsurance, January 2010
• Author, "Court of Appeal Addresses Preclusive Effect of Collusive Foreign Court Judgments," Harris Martin Reinsurance, November 2009.
• Author, "The Preclusive Effect of Collusive Foreign Court Judgments," Harris Martin Reinsurance, October 2009.
  
• Author, "Arthur Andersen LLP v. Carlisle: An In-Depth Analysis," Harris Martin Reinsurance, August 2009.
  
• Author, "Possible Federal Regulation of Reinsurance: Where Are We Now?" Harris Martin Reinsurance, July 2009.
  
• Author, "The Manifest Disregard of Law Doctrine: Did It Survive Hall Street Associates?, Conflict Management, American Bar Association, Section of Litigation, Vol. 13, Issue 3, Summer 2009
  
• Author, "Courts May Not Apply Fraud on the Market Theory to Establish Class-wide Causation and Damage in a Case Alleging Wrongful Conduct in the Sale of Insurance Policies," Insurance Litigation Reporter, vol. 31, no. 8, pages 276-278 (2009).
  
• Author, "Using Contract Language to Your Advantage in Resolving Reinsurance Claims: recent court opinions," (ACI Reinsurance Claims & Arbitration CLE program - September 2008)
  
• Author: "Reinsurer May Not Compel Non-party Issuer of Life Insurance Policies to Produce Documents." Insurance Litigation Reporter, vol. 30, no. 21, pages 677-678 (2008).
  
• Author: "International Treaties Providing for Arbitration of Reinsurance Disputes Are Not Subject to Reverse preemption by State Law Pursuant to the McCarran-Ferguson Act" Insurance Litigation Reporter, vol. 30, no. 18, pages 631-632 (2008)
  
• Author: "New Hampshire Supreme Court Determines That a Reinsurer Can Reduce the Amount it Owes to a Reinsured That Is in Liquidation by Amounts Owed by That Reinsured to a Third Party, Which Have Been Assigned to the Reinsurer," Insurance Litigation Reporter, vol. 30, no. 14, pages 488-489 (2008)
  
• Author: "Definition of Total Disability in a Disability Policy Which Required That the Insured Not Be Able to Perform 'The Duties of Any Gainful Occupation for Which [He Is] Reasonably Fitted by Education, Training, or Experience' Was Not Ambiguous, as a Matter of Law." Insurance Litigation Reporter, vol. 29, no. 21, pages 837-838 (2007)
  
• Author: "Follow-the-fortunes Doctrine Does Not Apply in a Situation in Which the Reinsured Has Deliberately Taken Inconsistent Positions as to the Number of Occurrences to Minimize its Reinsurance Recovery," Insurance Litigation Reporter, vol. 29, no. 12, pages 476-477 (2007)
  
• Author, "Hot Issues in Electronic Discovery: Information Retention Programs and Preservation," 42 Tort Trial & Insur. Prac. L. J. 797 (Spring 2007)
  
• Author: "Spoliation of Evidence," Insurance Litigation Reporter, vol. 29, no. 10, pages 417-418 (2007)
  
• Author: "Insolvency/Drop Down Coverage," Insurance Litigation Reporter, vol. 29, no. 4, pages 188-189 (2007)
  
• Author: "Liquidator of an Insurer May Recoup Claims Payments Made to its Insureds under the Voidable Preference Doctrine, While Retaining Payments Received from its Reinsurers Relating to the Same Claims," Insurance Litigation Reporter, vol. 28, no. 20, pages 787-788-691 (2006)
  
• Author, "Electronic Court Filings: the future is now" (American Bar Association - Tort Source - November 2006)
  
• Author: "Competing Claims by Insureds to Interpleaded Policy Benefits Are Not Subject to Arbitration under the Policy's Arbitration Provision", Insurance Litigation Reporter, vol. 28, no. 18, pages 690-691 (2006)
  
• Author: "Arbitration Award Vacated Due to Close Relationship Between Arbitrator and Insurer" & "Follow-the-Fortunes Doctrine Entitles Ceding Insurer to Summary Judgment Against Reinsurer," Insurance Litigation Reporter, vol. 28, no. 13, pages 469 & 488 (2006)
  
• Author: "Arbitrary and Capricious Standard of Review Applies to Challenge to Termination of Disability Benefits Even Insurer Served as Both Claims Administrator and Funding Source" & "De Novo Standard of Review Applied to Decision to Deny Long term Disability Benefits," Insurance Litigation Reporter, vol. 28, no. 12, pages 431-433 (2006)
  
• Author: "A Broker's Liability for Failure to Procure Insurance Is Limited to the Amount of Coverage Which Should Have Been Procured," Insurance Litigation Reporter, vol. 28, no. 8, pages 266-267 (2006)
  
• Author: "Bad Faith/Duty to Settle," Insurance Litigation Reporter, vol. 28, no. 5, pages 180-181 (2006)
  
• Author: "Liability Insurance/Advertising Injury," Insurance Litigation Reporter, vol. 28, no. 2, pages 71-72 (2006)
  
• Co-Author: "Recent Developments in Internet Law," Tort Trial & Insur. Prac. L. J., vol. 40, no. 2 at 621 (Winter 2005)
  
• Case Note: Insurer was entitled to summary judgment since premium differential between insureds of different races was based upon risk differences, not upon race - Guidry v. Pellerin Life Ins. Co., 364 F.Supp.2d 592, Insurance Litigation Reporter, vol. 27, no. 8 (W.D. La. 2005)
  
• Author: "Liability Insurance/Advertising Injury," Insurance Litigation Reporter, vol. 27, no. 1, pages 50-51 (2005)
  
• Author: "Liability Insurance/Advertising Injury," Insurance Litigation Reporter, vol. 26, no. 21, pages 779-780 (2004)
  
• Co-Author: "The Enforcement of Nationwide Class Settlements to Bar Related Class Actions: An Example of Finality and Preclusion," Class Actions & Derivative Suits, Section of Litigation Committee, American Bar Association (Summer 2004, Vol. 14, No. 3)
  
• Co-Author: "Current Issues in Electronic Discovery," Insights (Summer 2004)
  
• Author: "Liability Insurance/Advertising Injury," Insurance Litigation Reporter (vol. 15, no. 15, pages 449-451)
  
• Case Note: Infringement of Manufacturer's House Mark and Product Mark Fell within Advertising Injury Policy's Coverage for "Trademarked Title" - Houbigant, Inc. v. Federal Insurance Company, 374 F.3d 192 (3rd Cir. 2004), Insurance Litigation Reporter, vol. 26, no. 16 (Md., Oct., 2004)
  
• Case Note: Maryland High Court Finds No "Advertising Injury" Coverage for Insured's Use of Confidential Information to Solicit Former Employer's Customers - Walk v. Hartford Casualty Insurance Company, 2004 WL 1335842, Insurance Litigation Reporter, vol. 26, no. 11 (Md., June 16, 2004)
  
• Case Note: Insurance companies must release nonpublic personal information in response to discovery requests pursuant to judicial process exception - Martino v. Barnett, 2003 WL 23327487, Insurance Litigation Reporter, vol. 26, no. 5 (W. Va. Mar. 15, 2004)
  
• Case Note: Liability policy's advertising injury coverage applies to liability for sending unsolicited junk faxes advertising sports tickets - TIG Insur. Co. v. Dallas Basketball, Ltd., 2004 WL 352079, Insurance Litigation Reporter, vol. 26, no. 5 (Tex. App. Feb. 25, 2004)
  
• Case Note: Advertising injury coverage applies to claims that Amazon.com used patented software in the sale of products over its Internet site - Amazon.com International Inc. v. American Dynasty Surplus Lines Insur. Co., 85 P.3d 974, Insurance Litigation Reporter, vol. 26, no. 5 (Wash. App. 2004)
  
• Case Note: Reinsurance contract obligates reinsurer to pay portion of the attorneys' fees and expenses ceding insurer incurred as a result of declaratory coverage proceedings and underlying tort actions - Employers Reinsur. Corp. v. Mid-Continent Cas. Co., 258 F.3d 757, Insurance Litigation Reporter, vol. 26, no. 5 (10th Cir. 2004)
  
• Co-Author: "Recent Developments in e-Commerce Law," Tort & Insur. L. J., vol. 38, no. 2 at 263 (Winter 2003)
  
• Case Note: Umpire cannot be disqualified due to alleged evident partiality or misconduct prior to issuance of final award and panel has no inherent authority to sanction party in a manner akin to civil contempt - Certain Underwriters at Lloyd's London v. Argonaut Insur. Co., 2003 WL 21219039, Insurance Litigation Reporter, vol. 25, no. 12 (N.D. Cal. May 13, 2003)
  
• Case Note: Plaintiff was not entitled to pursue claim for punitive damages for failure to pay disability claim under ERISA benefit plan - McGuigan v. Reliance Standard Life Insur. Co., 2003 WL 1869886, Insurance Litigation Reporter, vol. 25, no. 9 (E.D. Pa. April 9, 2003)
  
• Case Note: Insurance company that paid fire claim could not obtain equitable contribution from another insurance company that insured same property because the companies did not cover same insured - Society Insur. v. Capitol Indemnity Corp., 2003 WL 327531, Insurance Litigation Reporter, vol. 25, no. 4 (Wis. App. Feb. 4, 2003)
  
• Case Note: Putative class action contending that defendant health insurer's subrogation practice violated state statute not completely preempted by ERISA - McKandes v. Blue Cross and Blue Shield Assoc., 2003 WL 282679, Insurance Litigation Reporter, vol. 25, no. 4 (D. Md. Feb. 4, 2003)
  
• Case Note: Comment on State Farm Mutual Auto. Insur. Co. v. Campbell, 123 S.Ct. 1513, Insurance Litigation Reporter, vol. 25, no. 8 (2003)
  
• Case Note: Failure to monitor and enforce insurance provisions of construction contracts results in loss of third party beneficiary rights to coverage - Cordero Mining Co. v. United States Fidelity and Guarantee Insur. Co., 67 P.3d 616, Insurance Litigation Reporter, vol. 25, no. 9 (Wy. 2003)
  
• Case Note: No coverage under CGL policy for alleged trademark infringement, despite attempts to characterize claims as covered claims - Superformance International Inc. v. Hartford Cas. Insur. Co., 332 F.3d 215, Insurance Litigation Reporter, vol. 25, no. 15 (4th Cir. 2003)
  
• Case Note: Infringing use of the Nissan name in Internet domain names givers rise to coverage under advertising provision of CGL policy - State Auto Property and Cas. Insur. Co. v. Travelers Indemnity Co. of America, 343 F.3d 249, Insurance Litigation Reporter, vol. 25, no. 15 (4th Cir. 2003)
  
• Case Note: Exhaustion of primary policy not necessary to reach excess policy - Cincinnati Insur. Co. v. Franck, 644 N.W.2d 471, Insurance Litigation Reporter, vol. 24, no. 8 (Minn. App. 2002)
  
• Case Note: Pollution exclusions in gas station's liability policies preclude coverage for gasoline spill - Wagner v. Erie Insur. Co., 2002 Pa. Super. 166, Insurance Litigation Reporter, vol. 24, no. 8 (Pa. Super. 2002)
  
• Case Note: Criminal act exclusion not against public policy - Slayko v. Security Mutual Insur. Co., 2002 WL 1419127, Insurance Litigation Reporter, vol. 24, no. 12 (N.Y. July 2, 2002)
  
• Case Note: Continuous trigger of coverage appropriate for pollution of landfill, with allocation among all triggered policies based on the number of days on the risk - Quincy Mutual Fire Insur. Co. v. Borough of Bellmawr, 799 A.2d 499, Insurance Litigation Reporter, vol. 24, no. 12 (N.J. 2002)
  
• Case Note: Pollution exclusion in builder's commercial liability policy does not exclude coverage for personal injuries to homeowners injured by gradual carbon monoxide discharges - Leo Haus, Inc. v. Selective Insur., 801 A.2d 419, Insurance Litigation Reporter, vol. 24, no. 12 (N.J. Sup. Ct. App. Div. 2002)
  
• Case Note: Reinsurer's equitable claim for restitution of monies mistakenly paid was not arbitrable - Gerling Global Reinsur. Corp. v. The Home Insur. Co., 2002 WL 31827836, Insurance Litigation Reporter, vol. 25, no. 1 (N.Y. Sup. Ct. App. Div. Dec. 17, 2002)
  
• Case Note: Bad Faith/Disability Insurance - disability insurer's misrepresentations to insured did not constitute bad faith because they did not impair the insured's contractual rights - Insurance Litigation Reporter, vol. 26, no. 7 at 247
  
• Author: Obtaining or Avoiding Class Certification: Insurance Coverage Cases, Tort & Insur. L. J., vol. 37, no. 1 at 79 (Fall 2001)
  
• Author, "The Use of Technology in Pre trial Proceedings in Life, Health and Market Conduct/Sales Practices Insurance Litigation (ALI-ABA - October 2000)
  
• Co-Author: "Recent Developments in Insurance Coverage Issues," Tort & Insur. L. J., vol. 30, no. 2 at 484 (Winter 1995)