Mark J. Bunim has more than 40 years experience as an attorney, litigator, mediator and arbitrator. As an arbitrator he has acted as chair, sole arbitrator, or wing arbitrator in dozens of insurance and commercial disputes, both domestic and international, under a variety of rules, principally those of the American Arbitration Association, and other ad hoc rules and procedures. More often than not he has served as panel chair or sole arbitrator.

Mr. Bunim’s arbitrations have involved a vast array of parties and industries, in the United States and in England. The subject matter has frequently been focused on the insurance industry both in terms of its actual business, the relationship between insurers and brokers/agents and disputes between insurance companies and policyholders. Mr. Bunim has also arbitrated a wide variety of commercial cases including contract disputes; partnership and joint-venture disputes, franchise and distribution rights; breach of warranty; executive and other employment disputes; professional liability; accounting disputes; healthcare; and technology disputes.

Mediation is a process in which a neutral mediator is enlisted with the consent of all parties to a dispute, to help them reach a compromise in a confidential setting. It enables the opposing sides themselves, to design and formulate an agreed upon settlement. Mr. Bunim mediates in areas where he is particularly experienced such as insurance, real estate, business conflicts, family business and estate related disputes, employment cases, and construction matters. Mr. Bunim has mediated over 250 matters in many different jurisdictions.

Specialties

INSURANCE DISPUTES REPRESENTATIVE SAMPLE

  • Mediated directors and officers coverage dispute involving a Federal Grand Jury Investigation against a prominent company
  • Mediated employment coverage disputes between insurer and securites brokerage company.
  • Mediated insurance coverage under an Admiralty policy for lost goods in China.
  • Mediated title insurance coverage dispute involving New York City commercial property.
  • Mediated legal malpractice claims involving land purchase agreement.
  • 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 explosions.
  • Mediated a denial of disability benefits to the senior partner of a large national law firm.
  • Mediated a long term disability claim by a Wall Street trader who claimed permanent disabling injuries.
  • Mediated numerous life insurance claim denials where the insurer was claiming misrepresentation in the application process.
  • Mediated a dispute between many layers of competing insurers as to which policies were 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.
  • Mediated property damage claims involving condos and private residences.
  • Mediated 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 life insurance benefit allocation coverage cases.
  • Mediated environmental policy coverage dispute involving land and water pollution.
  • Mediated commercial property fire damage loss disputes.
  • Mediated New Jersey School District contractual dispute with former official.
  • Mediated coverage dispute on an advertising injury claim.
  • Mediated Directors and Officers coverage disputes involving Hedge Funds and Private Equity entities.
  • Mediated dispute between insurer and TPA over administration of a nationwide program.
  • Mediated numerous legal malpractice matters.
  • Arbitrated multiple insurance program premium reimbursement disputes.
  • Arbitrated group insurance program cancellation involving large manufacturing company and insurer and State Insurance Department.
  • Arbitrated dispute between insured and multiple insurers over the applicability of triggering conditions and exclusions in a manuscript business interruption/ supply chain policy.
  • Arbitrated dispute between co-insurers over responsibility for payment of loss.
  • Arbitrated dispute between insurer and broker concerning alleged misrepresentations in the scope of risk.
  • Arbitrated dispute between primary and excess insurer over excess carrier’s coverage defenses.
  • Arbitrated legal malpractice and accountants malpractice matters.
  • Arbitrated a physicians group reimbursement claim against an insurer.
  • Arbitrated dispute between health insurer and agent over alleged marketing misrepresentation scheme.
  • Arbitrated maritime dispute between insurer and agent regarding alleged misrepresentation of risk.
  • Arbitrated dispute between nursing homes and insurer regarding premium reimbursements

COMMERCIAL DISPUTES REPRESENTATIVE SAMPLE

  • Mediated claim by former employee against pharmaceutical company regarding buyout/ ownership of intellectual property
  • Mediated environmental malpractice claim against engineering company
  • Mediated partnership breakup in the technology industry
  • Mediated land contamination case against co-op building
  • Mediated claim against former directors and officers of an internet company by creditors of that company, for negligent management practices.
  • Mediated dispute between one of the nation’s largest internet service providers and a large business customer concerning alleged breach of contractual terms for the speed of internet service and private cloud storage capacity issues.
  • Mediated claim by secured trade lender against former customer for misrepresentation of assets.
  • Mediated claim by purchases of a business against sellers/employees for misrepresentation and over-evaluation.
  • Mediated claim by purchasers of an office complex against sellers, regarding the viability of tenant leases.
  • Mediated a claim by a web-based program “reseller-licensee” against licensor regarding compliance with contractual terms involving quotas.
  • Mediated a Class Action shareholder suit involving a stock buy-back undervaluation claim.
  • Mediated a multi-million dollar dispute between executors of an estate where the deceased left stock to be distributed to charities and the co-executors disagreed as to which charities would be recipients.
  • Mediated an accountant liability claim arising out of undetected defalcations.
  • Mediated Seller/Buyer commercial real estate disputes.
  • Mediated multiple business dissolution cases among family members and related partnership disputes.
  • Mediated law firm, accounting firm and other professional entity dissolutions.
  • Mediated estate and trust matters involving beneficiary claims.
  • Mediated an accountant liability claim involving allegations of negligent preparation of financial statements and projections.
  • Mediated a claim against a financial advisor resulting from the recommendation of faulty investments.
  • Mediated an equipment suitability dispute between a manufacturer, distributor and end-user.
  • Mediated sibling dispute concerning care of parents and sibling financial dealings.
  • Mediated commercial construction professional engineering malpractice claim.
  • Mediated a software company/licensee dispute.
  • 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.
  • Arbitrated consumer civil right complaint against a finance company.
  • Arbitrated employee claims of harassment against former employer.
  • Arbitrated law firm fee disputes [ with malpractice counterclaims].
  • Arbitrated franchise termination dispute.
  • Arbitrated Federal Communications Law dispute.

OTHER DISPUTES REPRESENTATIVE SAMPLE

CONSTRUCTION DISPUTES

  • Mediated dispute between owner, GC and sub-contractors arising out of a claim of faulty construction of a large luxury condominium.
  • Mediated dispute between co-op shareholders and sponsor concerning claim of substitution of lesser quality items and materials from the offering plan.
  • Mediated claim against building owner by tenants arising out of expansion of multi-dwelling premises and intrusions, noise and unacceptable additions thereto.
  • Mediated claim against architect for failure to follow plans and unapproved modifications.
  • Mediated many construction accident cases involving injured and seriously disabled workers dealing with scaffolding, fires, explosions and serious falls from heights.

EMPLOYMENT DISPUTES

  • Mediated numerous sexual harassment suits involving workplace incidents.
  • Mediated a dispute against a sports arena, resulting from sexual harassment and battery by security guards of patrons, at an event.
  • Mediated claim of wrongful termination by employee of legal search firm.
  • Mediated claim of employee against government agency for wrongful demotion.
  • Mediated sexual harassment claim by co-op owner against building management.