Expert Credentials - CV

CV - Expert Gregory S. Arnold, JD, LL.M

EXPERT PROFILE:


A  seasoned  insurance,  fidelity  and  surety  claims  expert  with  diverse  expertise  and  

national  reputation.  Possesses broad  claims-legal  knowledge.  Sensitive  to  the  interplay  

between  legal  issues  and  business  realities.  Possesses knowledge  of  general  accounting  

and  construction  practices  and  procedures.  Complete  knowledge  of  insurance, surety and 

reinsurance company policies and procedures for claim handling, reporting functions, and best 

practices. Exceptional    verbal    and    written    skills.    Commitment    to    scholarship    

demonstrated    by    professional memberships,  published legal writing, seminar attendance and 

seminar presentations.


EXPERT WITNESS EXPERIENCE:


Concluded Matters:


For Plaintiff Insurer:


Liberty Surplus Insurance Co. v. Seabold Construction. Portland, Oregon 2015.

Declaratory relief action. Retained by a law firm for insurer to render an opinion as to insurance 

coverage and the overlapping coverages between CGL insurance policies and suretyperformance bonds.


For Defendant Surety:


2      Bank One Texas, N.A. v Bank One Texas, N.A. v. Highlands Insurance Company, Highlands 

Underwriters Insurance Company, Brown-Carpenter Curtainwall Systems, Inc., Brown Carpenter & 

Company, Dee Brown Masonry, Inc., and Carpenter Carruth & Hover, 113th District Trial Court, 

Superior Court, Harris County, Texas (1997) (Trial Docket 91-23339).

Fact witness adopted as an expert to give hybrid fact/expert trial testimony. No deposition 

testimony. Did not prepare a report. Was not formally “retained” as an expert. Was “qualified” as 

an expert by the judge on an issue involving surety offsets on 23 bonded projects and obligations 

to a dual obligee lender.


3      Xcel Masonry, Inc. v. K & B Quality Masonry, Inc., and Insurance Company of the West,

Birmingham, AL 2014.

Fact witness for ICW adopted as an expert. Hybrid fact/expert trial testimony. No deposition 

testimony. Did not prepare a report. Was not formally “retained” as an expert. Was not “qualified” 

as an expert by the judge. Issue was distinction between common law and statutory bond and the 

resulting effect upon Alabama’s Prompt Payment Statute. Educated the judge from the witness stand 

in response to his direct questions. Judge Robert Vance.                     

                                                         

Policy Holder Side:  Testimony for Plaintiff General Contractor:


1. Trial testimony for plaintiff general contractor. Global Construction, Inc. v. United States of 

America, Civilian Board of Contract Appeals, Atlanta, GA March 27, 2009.

Asked to testify directly by plaintiff’s attorney. Hybrid fact/expert trial testimony. No 

deposition testimony. Did not prepare a report. Was not formally “retained” as an expert. Was not 

“qualified” as an expert by the judge. Issue was whether contractor was properly defaulted by the 

Veterans Administration.


2. Stellar J. Corp. v. Argonaut Insurance Company, et al.

Tacoma, WA 2014-2015.

Deposition testimony against surety in bad faith case.  Formally retained by plaintiff general 

contractor. Gave deposition testimony and prepared an expert report in contemplation of mediation.


Pending, Active Engagement Against Mortgage Insurance Companies and a Mortgage Lender:


1.  For plaintiff homeowner.  Lender-placed, or force-placed, insurance matter.  Washington.  Provided awritten report and gave a deposition.


OTHER:


➢    TEX LEX, a part of Claims Desk, LLC                                                       January 2010 - Present

Expert Witness

Expert witness work on insurance, surety, fidelity and construction cases. Also, perform 

desk-relief, investigations, mediation attendance and other claims functions for insurance and 

surety companies with limited or transitional staffing. Handle contract surety claims such as 

performance bond, payment bond; subdivision; miscellaneous and commercial surety claims; plus 

fidelity and financial institution bond claims. Perform  due  diligence  reviews  and  other  

audits,  including  Workers’  Comp.  claims.  Pursue  cooperative involvement  of  CGL  carriers  

on  joint  defense,  recovery  and  indemnity.  Also,  attorney  representation of  insurance  

companies; surety companies; contractors; policy holders;banks and others with respect to federal 

Indian law and tribal law issues throughout Indian Country (www.Claims-Desk.com, www.PrivateAdvocates.com and www.Sovereign-Roots.org).


➢    The Hanover Insurance Group, Inc., Worcester, MA                                              2005 to 2009

Senior Bond Claims Representative

Provided  expertise  to  staff  regarding  collateral,  indemnity,  agency,  legal  and  other  

issues.  Investigated, researched,  analyzed  and  negotiated  contract  and  commercial  claims,  

plus  fidelity  claims.  Researched, developed, and drafted selected portions of bonds and 

contracts to assist the underwriting function.  Provided expertise in documenting undertakings with 

Indian tribes and tribal-owned corporations.            Trained and mentored junior claims 

professionals and underwriting interns. Coordinated cooperative efforts with CGL carriers on joint 

defense, indemnity and recovery.


➢    The Guarantee Company of North America, USA, Southfield, MI          2003-2005

Bond Claims Manager

Managed the handling of contract and commercial claims and the engaging of attorneys, accountants, 

engineers and construction consultants. Heavy emphasis on performance and payment bond claims. 

Coordinated cooperative efforts with CGL carriers on joint defense, indemnity and recovery.                                                                                                                       

➢    Claims Management Associates, Inc., Houston, TX                                     1996 - 2003

Claims Consultant

Formed company that conducted desk-relief, investigations, mediation attendance and other claims 

functions for fidelity insurers and contract and commercial sureties with limited or transitional 

staffing. Retained, trained, managed and mentored a large staff, including attorneys; paralegals; 

adjusters; consultants; administrators and construction experts. Clients included Highlands; 

Universal Surety of America; Western Surety Company; CNA; Frontier Insurance; Capitol Indemnity; 

Ranger Insurance; Chatham/Mapfre; Aacon, Inc.; Mid-State     Surety Corp.; and others. 

Predominantly subdivision, performance, payment and supply bond claims.


➢    Highlands Insurance Company, Houston, TX                                                       1988 - 1996

1991-1996 Assistant Vice President of Claims

1989-1990 Assistant Secretary & Bond Claims Superintendent. 1988-1989 Bond Claims Superintendent


Directly handled world-wide program of contract (performance, payment and supply bond) and 

commercial surety claims. Supervised handling of fidelity claims by property adjusters countrywide. 

Supervised handling of probate bond claims. Cross-trained to handle and supervise property claims 

nationwide while running off surety claims. Conducted legal research for, and consulted with, 

claims staff from auto;  liability; inland marine; workers’ comp.; and aviation. Assisted with the 

panel attorney list and litigation plan. Managed a full-scale law library of treatises and case 

reporters. Formed and headed Special Investigations Unit/Fraud Division. Coordinated cooperative 

efforts with CGL carriers on joint

defense, indemnity and recovery


Supervised  and  audited  SIU  function  of  Workers’  Comp.  field  adjusters  in  branches  

located  nationwide plus the UK. Directed the preparation of trial evidence notebooks for use by 

District Attorneys. Provided guidance to  all levels and  lines of the company in combating  fraud  

and  in subrogation efforts.  Obtained restitutionary recoveries and instrumental in significant 

avoidance of proven fraudulent claims.


➢    Great American Insurance Company                                                               1984 - 1988

1987-1988 Bond Claims Manager for the Mid-West, Cincinnati, OH.

1986-1987 Bond Claims Manager for the West, Orange, CA.

1984-1986 Construction Defect Specialist and Bond Claims Trainee, Branch Office, Orange, CA.



FORMAL EDUCATION:


❖    University of Connecticut, School of Law

Master of Laws (LL.M, Insurance Law), 2009.


❖    Western State College of Law

Juris Doctorate (J.D.), 1984

(1) Law Review Editor; (2) Student Bar Association Treasurer; (3) Honors Moot Court Awards; (4) 

Trial Practice Course; (5) Delta Theta Phi Professional International Law Fraternity, Vice-Dean; 

(6) American Jurisprudence Award in Criminal Procedure; (7) Summer Term Abroad, Magdalen College of 

Oxford University, Oxford, England 1983; (8) Who’s Who Among Students in American Universities and 

Colleges; and (9) Outstanding Young Men of America.


❖    Union College and University

Bachelor of Arts, Cum Laude, Political Science, 1980.

Departmental Honors in Political Science; Legislative Observers Internship (Legislative Aid, 

Senator Halpern, Insurance Committee, New York State Legislature). Political Party Structure of 

Schenectady County, New York, senior thesis, archived at Schaffer Library, Union College.



APPENDIX A – CV GREGORY S. ARNOLD                                                                   

                                                          3



HONORS & AWARDS NOT REFERENCED ABOVE:


Eagle Scout, Boy Scouts of America (1971); AmJur High Grade Award, Criminal Procedure; CALI High 

Grade Award, Fidelity and Suretyship Law


TEACHING EXPERIENCE:


Guest Lecturer - Construction Law, Roger Williams University. Guest Lecturer – Right to Counsel, 

Lewis & Clark School of Law Paralegal Instructor, Santa Ana College, CA.



SPECIALTY COURSES:
















Fidelity and Suretyship Law American Indian Law Indian Law Certificate
















University of Connecticut School of Law (as part of LL.M). University of Connecticut School of Law 

(as part of LL.M) Seattle University College of Law - 2015.




















TREATISES, PUBLISHED ARTICLES, PAPERS, PRESENTATIONS & PANELS:


•     Treatises:


Roger P. Sauer, Kevin J. Russell & Gregory S. Arnold, Performance Bonds, in 2 CONSTRUCTION LAW 

HANDBOOK 1303, (Richard K. Allen, Stanley A. Martin & Leah A. Rochwarg eds., 3rd ed. 2017).



▪     Published Law Journal Articles:


Gregory S. Arnold, The Doubtful Impact of an Optional Federal Charter on the Reinsurance Collateral 

Debate, 43 TORT TRIAL & INS. PRAC. L.J., 79 (2008), American Bar Association.


Recent Developments in the Financial Products and Services Industry, 43 THE INTERNATIONAL LAWYER 

(2009), American Bar Association.



▪     Monograph Contribution:


CGL/BUILDER’S RISK MONOGRAPH, 2004, American Bar Association, Horowitz, Lerner, O’Connor & Olson 

eds.


•     Published Magazine Articles:


Gregory S. Arnold, Employment Law in Indian Country: Finding the Private-Action Jurisdictional Hook 

is Not Easy, THE FEDERAL LAWYER, April 2015 Indian Law Issue.


Gregory S. Arnold, Judicial Profile: Chief Judge William D. Johnson, Umatilla Tribal Court,  

Confederated Tribes of the Umatilla Indian Reservation, Pendleton, Oregon, THE FEDERAL LAWYER, 

April 2015 Indian Law Issue.


Gregory S. Arnold, Tribal Law and Order Act and Violence Against Women Act: Enhanced Recognition of 

Inherent Tribal Sovereignty Creates Greater Need for Criminal Defense Counsel in Indian Country, 

THE FEDERAL LAWYER, Jan./Feb. 2014.                                                                                                                       

▪     Presented, Unpublished Papers:


Gregory S. Arnold, Surety's Good Faith Investigation, Construction Management Associates Group, 

Inc., National Claims Conference, Chicago, IL, April 25, 1989.


Gregory S. Arnold, Treatment of Pay-When-Paid Clauses Under Federal Law on Bonded Projects in 

Virginia, The Surety Association of South Texas, San Antonio, Texas, May 17, 2000.


▪     Sole Presentations at Conferences:


The Art of Effective Communication Among Company People, Outside Consultants and Outside Attorneys, 

Surety Claims Association of Los Angeles, CA, Oct. 27, 2011. PowerPoint, no paper.


▪     Panel Presentations at Conferences:


The Bare Essentials: The ABC’s of Payment Bond Claims Handling, Western States Surety Conference, 

Seattle, WA, April 20, 2012. Paper by Loren Podwill, Esq. Panelists Gregory S. Arnold, Jennifer 

Haimes, Paul Harmon & Jordan Rosenfeld. Moderated by L. Podwill.


The Art of Effective Communication Between Company People and Consultants, National Bond Claims 

Association, Annual Conference, Pinehurst, NC, Oct. 13, 2011.


The Good, Bad and Ugly: Lawyers, Consultants and Company People Traveling Down the Same Road,

National Bond Claims Association, Annual Conference, Pinehurst, NC, Sept. 1994.


Issues and Practical Considerations for the Surety in Using Subcontractor Ratification Agreements, 

Seventeenth Annual Northeast Surety and Fidelity Claims Conference, Atlantic City, NJ, Sept. 21 and 

22, 2006. Paper by Gregory S. Arnold & Christopher Morkan. Moderated by Matthew Horowitz.

▪     Organized and Moderated Seminars:

Fidelity Law and Claims Handling Seminar, University of Connecticut School of Law, Insurance Law 

Center, Hartford, CT., February 28, 2007.



MEMBERSHIPS & INVOLVEMENT:


American Bar Association


Tort Trial & Insurance Practice Section; Fidelity & Surety Law Committee; Forum onthe Construction 

Industry; Business Law Section;Tax Law Section


Federal Bar Association (2014-2016)


Member, Editorial Board of The Federal Lawyer Magazine, 2012-2015. Co-Chair April 2015 Indian Law 

Issue


Northwest Indian Bar Association (2014-2016)


Licensed to practice law by several tribal courts throughout Indian Country P & C Adjuster’s 

License – State of Texas (1988-Present)

Real Estate Broker’s License – Commonwealth of Massachusetts(2010-2017)

                                                               

MILITARY SERVICE:

United States Marine Corps, Legal Services Battalion

Good Conduct Honorable Discharge

Cold War Service Medal

                                                              

                                                          



Publications - Expert Gregory S. Arnold, JD, LL.M

Expert Assigments - Expert Gregory S. Arnold, JD, LL.M