Robert A. Whitney

Member

Location: Boston & Needham, Massachusetts
Phone:  617-401-4399
Cell: 617-335-1380
Email: rwhitney@sulloway.com

Mr. Whitney has 25 years of experience in complex insurance coverage, bad faith, reinsurance, regulatory affairs and compliance, and commercial litigation, and he has resolved disputes throughout Massachusetts, New England and nationally.  His practice includes representing insurers and reinsurers in coverage and bad faith disputes before state and federal courts in Massachusetts, New Hampshire, Rhode Island, New Jersey and Pennsylvania.  Mr. Whitney also has extensive experience in negotiating the resolution of disputed coverage claims and has counseled insurance company clients on claims litigation strategy, claims resolution procedures, and coverage questions.  He also served as Judicial Clerk to the Honorable Harold Baker, District Judge, United States District Court for the Central District of Illinois.

Mr. Whitney has also represented ceding companies and reinsurers in reinsurance litigation and arbitration, in disputes involving a variety of insurance coverage and bad faith claims.  He has also arbitrated matters arising under both facultative certificates and treaty programs and he has counseled both ceding and reinsuring companies about their obligations and their rights. Mr. Whitney was previously the Corporate Secretary for the Stonewall Insurance Company and Seaton Insurance Company and was also on the Board of Directors of the Transport Insurance Company. He also is an ARIAS-US Certified Insurance and Reinsurance Arbitrator.

Mr. Whitney was formerly the Deputy Commissioner and General Counsel of the Massachusetts Division of Insurance for four years.  In that role, he provided legal advice to the Commissioner of Insurance, as well as to the Governor’s Chief Counsel and Chief of Staff and other senior administration officials, concerning the interpretation and application of state and federal insurance laws and regulations.  Mr. Whitney now provides legal guidance to clients with respect to the application of federal and state regulations to insurance and reinsurance companies.  He also advises clients with respect to responses to requests for information from regulatory agencies, external auditors and others concerning regulatory requirements, and appears before regulatory agencies, to help clients resolve any regulatory and compliance issues and to facilitate regulatory approvals.  Mr. Whitney also advises senior executive management on legal and regulatory matters related to all company operations and products, which includes the preparation of legal memoranda concerning significant legal, compliance and regulatory matters.

Mr. Whitney has frequently written and presented on issues relating to insurance coverage, reinsurance and bad faith.  He has written several law review articles and is Co-Editor of the Massachusetts Liability Insurance Manual, where he also authored two of the manual’s chapters.  Mr. Whitney’s articles and comments have also appeared in Mealey’s Litigation Reports – Insurance, and in publications of the MCLE organization, the ABA Tort and Insurance Practice Section, and the Massachusetts Insurance & Reinsurance Bar Association.  He has appeared as a speaker at conferences, symposiums and seminars sponsored by DRI, ABA, National Association of Insurance Commissioners, LexisNexis, Mealey’s Publishing, MCLE, the Boston Bar Association, ACI, ARIAS-US, the Massachusetts Insurance and Reinsurance Bar Association, Ecology and Environment, Inc., among many others.

Mr. Whitney’s extensive community involvement includes being:  the former President and Board Member of the Massachusetts Disability Law Center; the former President and current Board Member of the Massachusetts Insurance and Reinsurance Bar Association; the current President and Board Member of the Beacon Hill Civic Association in Boston, Massachusetts; Member of the Steering Committee of the Civil Right and Civil Liberties of the Boston Bar Association; and current Member of the Suffolk University Institutional Master Plan Task Force.

Year Joined Firm

2019

Areas of Practice

Insurance Coverage and Bad Faith
Reinsurance
Health Insurance
Regulatory Affairs and Compliance
Commercial Litigation

Bar Admissions

Massachusetts
U.S. District Court District of Massachusetts
U.S. District Court of the Central District of Illinois
U.S. Court of Appeals 1st Circuit
U.S. Supreme Court

Education

Boston University Law School, Boston, Massachusetts
J.D. G. Joseph Tauro Scholar

Brown University, Providence, Rhode Island
B.A. with Honors in Law and Society

News & Announcements

Honors and Awards

  • Citation for Outstanding Performance, Commonwealth of Massachusetts, for service as Team Leader of Massachusetts Division of Insurance’s Health Insurance Reform Implementation Team
  • Governor’s Citation, Massachusetts Governor Deval Patrick, in recognition of 20 years pro bono service on behalf of persons with disabilities
    Leadership Award, Massachusetts Disability Law Center, for dedicated service to the disability community of Massachusetts
  • Certified Insurance and Reinsurance Arbitrator, ARIAS-US.

Publications

  • Author, “Transitioning to a New View: Coming to See Health Insurance Coverage for Gender Dysphoria in a New Light,” Article, Connecticut Insurance Law Journal, Volume 25, Issue 2 (Spring 2019)
  • Co-editor, Massachusetts Liability Insurance Manual (MCLE 3rd Ed. 2017).
  • Author, “Insurance Regulation,” Chapter 14, Massachusetts Liability Insurance Manual (MCLE 3rd Ed. 2017).
  • Author, “Insurance Coverage for Employment-Related Practices,” Chapter 18, Massachusetts Liability Insurance Manual (MCLE 3rd Ed. 2017).
  • Author, “Shadow Insurance,” Article, Massachusetts Insurance & Reinsurance Bar Association Newsletter, Winter 2018.
  • Author, “Aftermath: The Legal Community’s Response to the Boston Marathon Bombings,” Viewpoint, Boston Bar Journal, January 7, 2014, Winter Issue 2014, Volume 58, Number 1.
  • Author, “Review of the Insurance Implications of the New Animal Control Law,” Article, Massachusetts Agent Newsletter, February 7, 2013.
  • Author, “When Does an Arbitration Panel Exceed its Authority in Issuing Awards? Some New Cases Take a Look,” Article, Massachusetts Insurance & Reinsurance Bar Association Newsletter, Winter 2012.
  • Author, “Retakaful:  Reinsurance in the World of Islam,” Article, ARIAS-US Quarterly, 2011 2d Quarter.
  • Author, “Environmental Contamination and the Application of the Owned Property Exclusion to Insurance Coverage Claims: Can the Threat of Harm to the Property of Others Ever Get Real?” Article, Northern Kentucky Law Review, Volume 27, Issue 3 (Spring 2000).

Recent Presentations

  • Speaker, “How to Use Reinsurance to Stabilize the Health Insurance Marketplace – Would It Work for Massachusetts,” Boston Bar Association, Boston, Massachusetts, September 26, 2019.
  • Moderator for Panel Discussion, “Partiality of Arbitration Panels,” Eighth Annual Arbitrator Roundtable, Massachusetts Insurance & Reinsurance Bar Association, Boston, Massachusetts, July 11, 2018.
  • Symposium Co-Chair; Moderator of “A Brave New World: Insurance Emerging Risks” Panel; and Speaker, “Insuring Autonomous Vehicles,” 8th Annual Fall Symposium, Massachusetts Insurance & Reinsurance Bar Association, Boston, Massachusetts, October 13, 2016.
  • Speaker, “Autonomous Vehicles:  A Brave New Insurance World,” Boston CPCU Panel Discussion, Boston, Massachusetts, May 25, 2016.
  • Moderator for Panel Discussion, “The Future of Neutral Reinsurance Arbitration Panels,” Fifth Annual Arbitrator Roundtable, Massachusetts Insurance & Reinsurance Bar Association, Boston, Massachusetts, March 9, 2016.
  • Speaker, “Insurance Regulation in the New Sharing Economy: Uber, Airbnb and Autonomous Vehicles,” ACI’s 11th National Forum on Insurance Regulation, New York, New York, February 29, 2016.
  • Moderator and Lead Panelist, “Reinsurance Regulation: New Developments in 2015 and Beyond,” ARIAS-US 2015 Fall Conference, New York, New York, November 13, 2015.
  • Speaker, “State Insurance Regulator Priorities for 2015,” ACI’s 10th National Forum on Insurance Regulation, New York, New York, July 29, 2015.
  • Speaker, “Captive Reinsurers and Special Purpose Vehicles: The Latest Massachusetts Experience,” ACI’s 3rd Advanced Forum on Captive Insurance, New York, New York. April 23, 2015.
  • Speaker, “The Regulation of Insurance Company Run-Off in Massachusetts,” ACI’s 10th International Advanced Forum on Run-Off, New York, New York, April 22, 2015.
  • Speaker, “The Regulation of Risk-Bearing Provider Organizations – Where Do We Go from Here?” Health Care Insurance Regulatory Update, Boston Bar Association, Boston, Massachusetts, April 15, 2015.
  • Speaker, “Insurance Requirements for Transportation Network Companies,” State Attorneys Roundtable, National Association of Insurance Commissioners, 2015 Spring National Meeting, Phoenix, Arizona, March 29, 2015.
  • Moderator for Panel Discussion, “Consolidated and Multi-Party Arbitrations – How to Make Them Work,” Fourth Annual Arbitrator Roundtable, Massachusetts Insurance & Reinsurance Bar Association, Boston, Massachusetts, March 18, 2015.
  • Speaker,” State Insurance Regulator Insights on Priorities for 2015 – The Massachusetts Experience,” ACI’s 9th National Forum on Insurance Regulation, New York, New York, February 26, 2015.
  • Speaker, “Massachusetts Division of Insurance: Investigating Insurance-Related Fraud in the Commonwealth,” American Bar Association 2014 Annual Meeting, Boston, Massachusetts, August 8, 2014.
  • Speaker, The Boston Marathon Bombing: An Insurance Regulatory Perspective,American Bar Association 2014 Annual Meeting, Boston, Massachusetts, August 7, 2014.
  • Speaker, “Captive Reinsurers and Special Purpose Vehicles: The Massachusetts Experience,” ACI Conference on Insurance-Linked Securities, New York, New York, July 29, 2014.
  • Speaker, “Reinsurance: Legislative & Regulatory Developments in Massachusetts,” ACI Conference on Reinsurance, New York, New York, July 29, 2014.
  • Speaker, “Insurance and Reinsurance of Terrorist Acts – The Boston Marathon Bombing and Its Aftermath,” State Attorneys Roundtable, National Association of Insurance Commissioners, 2014 Spring National Meeting, Orlando, Florida, March 29, 2014.
  • Moderator for panel discussion, “Can the Arbitration Process Ever Become Efficient,” Third Annual Arbitrator Roundtable, Massachusetts Insurance & Reinsurance Bar Association, Boston, Massachusetts, March 12, 2014.
  • Speaker, “The Regulation of Risk-Bearing Provider Organizations,” Health Law Panel, Boston Bar Association, Boston, Massachusetts, January 29, 2014.