Core Values in Action
"Freeborn is a Firm where I can focus on supporting clients, because the Firm is filled with professionals who support each other. Though it’s that simple, this type of environment is far from common and Freeborn embraces its importance."
Robin Dusek is a Partner in the Litigation Practice Group and a member of the Insurance/Reinsurance Industry Team.
Robin concentrates her practice in Insurance/Reinsurance and related client counseling. Robin brings nearly 20 years of experience representing cedents, reinsurers and pools in arbitrations and litigations throughout the United States. These cases have involved disputes over contractual interpretation, allocation of losses, the duty of utmost good faith, the obligations of a reinsurer to follow the fortunes of a cedent, rate guarantees, and third-party commutation obligations and fraud.
Robin has handled reinsurance disputes involving litigation and arbitration with contracts involving life, accident and health, directors and officers, and property casualty coverage.
In addition, Robin has advised clients on issues including concussion-related claims and litigation, long-term care contracts, access to records, privilege within a reinsurance relationship, and cyber-risks for insurers.
- Represented an insurance company in a major arbitration against its reinsurer who refused to follow the client's fortunes after a good faith and highly favorable settlement of the underlying claim.
- Served as trial counsel in AXA v. AIG (S.D.N.Y.) in a jury trial that resulted in a jury verdict in AXA's favor for $35 million in fraud and rescission damages as well as punitive damages.
- Represented a German reinsurer in an arbitration against a U.S. insurer where the client raised breach of contract claims as well as breaches of the duty of utmost good faith. In a unanimous decision, the panel found for our client, awarding it over $15 million in compensatory damages plus 6.5% compound interest and $1 million in punitive damages. The award was confirmed by a federal court. AXA Versicherung AG v. New Hampshire Insurance Co. et al, (S.D.N.Y).
- Represented a pool of reinsurers whose fellow pool member fronted a risk for the pool and later entered into a fraudulent commutation with the underlying cedent using a grossly inflated IBNR figure (more than $100 million more than the IBNR carried on the underlying cedent's books at the time). The fronting pool member did not pay the commutation price but instead assigned to the underlying cedent its rights under its retrocession contract with the other pool members. Our clients arbitrated the dispute with the underlying cedent/assignee and the case settled very favorably just before the evidentiary hearing was scheduled to begin.
- Represented a reinsurer in a dispute with its retrocessionnaire about the cession and allocation of a complex arbitration award that altered the companies’ liabilities. The dispute involved accounting issues, obligations under the Duty of Utmost Good Faith, complex contractual interpretation, and the applicability of Follow the Fortunes.
- Represented a life reinsurer in an arbitration relating to YRT rate issues.
- Illinois Super Lawyers - Rising Stars - 2012 (cited in multiple years)
- Illinois Super Lawyers - 2013
- Top Women Attorneys - Outstanding Young Attorneys In Illinois - Chicago Magazine - 2013
- Co-author, "@Risk: Internet and E-commerce Insurance and Reinsurance Legal Issues."
- Author, "Virus Warning for Insurers," ReAction.
- Speaker, "Head Injuries and Sports: Emerging Claims Issues," AIRROC Membership Meeting (March 2013).