Mark J. Bunim

Mark J. Bunim is a certified mediator (by the CPR Center for Dispute Resolution and the New York State Supreme Court Commercial Division) and Arbitrator and an attorney licensed to practice in the Courts of New York and the United States Courts since 1976. Mr. Bunim has participated in numerous mediations and arbitrations concerning insurance coverage issues, securities issues and Directors and Officers liability. He has mediated attorney and accountant professional liability disputes, partnership disputes, real estate related disputes, World Trade Center property-loss and business interruption recovery disputes; and family business and estate conflicts. He has mediated complex tort cases using structured settlements. As a litigator for over 25 years he had represented, at different times, insurance companies and insureds on claims involving coverage issues.

Mr. Bunim is a member of the Panel of Mediators of the Commercial Division of the Supreme Court of the State of New York; the panel for the Superior Courts of New Jersey; the Panel of Commercial Arbitrators and Mediators of FedArb.; the panel of Resolute Systems, Inc.; the panel for the U.S. District Court for the Southern District of New York. He is active in the Dispute Resolution Section of the New York State Bar Association and its Mediation Committee and the Arbitration Committee of Association of the Bar of the City of New York. He has been appointed to the Association of the Bar of the City of New York Panel for Mediation of Condominium and Co-Op Disputes and the panel for Attorney to Attorney Disputes. He is a member of the Reinsurance Mediation Organization.

From 1996 to 2005 he had been a partner in Robinson Silverman Pearce Aronsohn & Berman, which became Bryan Cave, LLP (in 2002) focusing on commercial litigation, insurance related and coverage cases, and alternative dispute resolution. He was co-leader of the insurance recovery and risk management litigation group. Before that, from 1983-1996, he was managing partner at Ohrenstein and Brown, a New York City law firm specializing in insurance, complex tort and commercial related disputes.

Mr. Bunim graduated from New York University, summa cum laude, in 1971 and Rutgers University School of Law (1975). He has spoken at meetings, conventions, and seminars around the country on ADR and insurance issues, i.e. The New York State Bar Assn. Dispute Resolution Section Annual Meeting, January 2009; the American Bar Assn. Insurance Coverage Section meeting in Tucson, AZ. 2007; and has appeared on radio, television and in the press, talking about risk management and insurance coverage and recovery.

Representative Arbitrations and Mediations

Insurance

• Mediated an insurance coverage dispute arising out of a property damage loss in lower Manhattan, to a significant commercial property, resulting from the collapse of the World Trade Center.
• Mediated a multi-million dollar dispute between a primary insurer and excess layers and reinsurers of excess layers, both domestic and foreign, as to percentage allocation of loss for foreign-based multiple gas explosions.
• Mediated a denial of disability benefits to the senior partner of a large national law firm.
• Mediated a dispute between competing insurers as to which policy was responsible for a large personal injury loss.
• Mediated resolution of an insurance coverage dispute for a restaurant/bar’s liability for personal injuries, including permanent paraplegic injury, involving use of a structured settlement.
•  Mediate a construction accident group of cases involving injured workers and various contractor/ sub-contractor allocation issues.
• Mediated an insurance coverage dispute between the officers of an auto warranty business and their D&O insurer involving coverage for a shareholder suit.
• Mediated professional liability coverage matters.
• Mediated an insurance coverage dispute regarding a sports arena, resulting from sexual harassment and battery by security guards of patrons, at an event.
• Mediated life insurance benefit allocation coverage cases.
• Arbitrated workers compensation insurance program premium reimbursement dispute.
• Arbitrated group insurance program cancellation involving large manufacturing company and insurer and State Insurance Department.
• Arbitrated dispute between co-insurers over responsibility for payment of loss.
• Arbitrated dispute between primary and excess insurer over excess carrier’s coverage defenses.

Business Disputes

• Mediation of a claim against former directors and officers of an internet company by creditors of that company, for negligent management practices.
• Mediation of a Class Action shareholder suit involving a stock buy-back undervaluation claim.
• Mediation of a multi-million dollar battle between executors of an estate where the deceased left stock to be distributed to charities and the co-executors bitterly disagreed as to which charities would be recipients.
• Mediation of an accountant liability claim arising out of undetected defalcations.
• Mediated multiple business dissolutions among family member and partnership disputes.
• Mediated estate and trust matters involving beneficiary claims.
• Mediated numerous legal malpractice matters.
• Mediation of an accountant liability claim involving allegations of negligent preparation of financial statements and projections.
• Mediation of a claim against a financial advisor resulting from the recommendation of faulty investments.
• Arbitrated construction dispute between owner and contractor involving delays, defects and claims of contractual non-compliance.
• Arbitrated fee payment disputes between a litigation expert team and retaining companies.
• Arbitrated dispute between two competitors over domestic and international retail products’ rights and customer exclusivity.
• Arbitrated a dispute between brothers over dissolution of a family group of businesses.