J.D., University of Virginia School of Law; Order of the Coif
B.A., with highest honors, University of Tennessee; Phi Beta Kappa
Member, Virginia Law Review
Law Clerk for the Honorable Bailey Brown, U.S. District Court for the Western District of Tennessee (1977-1978)
Bar and Court Admissions
District of Columbia Bar
Supreme Court of the United States
U.S. Courts of Appeals for the Second, Sixth, Eighth, District of Columbia, and Federal Circuits
U.S. District Court for the District of Columbia
U.S. Court of Federal Claims
District of Columbia Court of Appeals
Dick has more than 35 years of experience in complex litigation before state and federal courts and in alternative dispute resolution and arbitration proceedings. He has represented insurers and reinsurers in major insurance coverage and reinsurance disputes, negotiated settlements, commutations, and other agreements, and advised insurers and reinsurers on claim, underwriting, and compliance matters.
- Insurance coverage disputes regarding a wide variety of underlying liabilities and losses including environmental, toxic tort, asbestos, product liability, construction, wrongful death, credit risk, residual value, and bad faith claims.
- Coverage issues arising under general liability, property, construction, credit risk, residual value, and specialty policies.
- Insurer subrogation claims against the United States under the Federal Tort Claims Act and the Tucker Act.
- Claim handling and compliance issues, including those arising under state claim handling laws and the duty of good faith and fair dealing.
- Reporting and reimbursement issues applicable to insurers and self-insured entities under the Medicare Secondary Payer (MSP) statute, the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA), and Section 111 reporting requirements.
- Reinsurance disputes arising under facultative, treaty, and excess treaty reinsurance contracts.
- Arbitration agreements and procedure, including arbitrability, consolidation, arbitrator selection and qualifications, discovery, and evidentiary standards.
- Commercial disputes arising from breach of contract and other causes of action.
- Environmental regulatory and enforcement matters arising under the Comprehensive Environmental Response, the Compensation and Liability Act (Superfund), the Resource Conservation and Recovery Act (RCRA), and the Toxic Substances Control Act (TSCA).
- American Bar Association (ABA)
- Litigation Section
- Tort Trial and Insurance Practice Section (TIPS)
- Alternative Dispute Resolution Committee
- AIDA Reinsurance and Insurance Arbitration Society (ARIAS-US)
- Defense Research Institute (DRI), Insurance Committee and Alternative Dispute Resolution Committee
- AV Peer Review Rating, Martindale-Hubbell's highest ranking by peers for general ethical standards and legal ability
News & Insights
- August 24, 2016 | AlertSummer 2016 Round Up of Section 111 and Medicare Secondary Payer Developments for Liability Insurers
- November 24, 2015 | Alert
- March 6, 2015 | AlertCMS Final Rule Establishing Right of Appeal for Medicare Secondary Payer Determinations Raises Important Issues for Liability Insurers
- February 13, 2015 | AlertRound Up of Notable Medicare Reporting and Reimbursement Developments for Property and Casualty Insurers
- September 18, 2014 | AlertNew Section 111 Guidance Amends Decades-Old CMS Practice of Identifying Medicare Beneficiaries by Full Social Security Numbers
- September 8, 2014 | AlertSummer Round Up On Notable Medicare Reporting And Reimbursement Developments For Property And Casualty Insurers
- July 16, 2014 | AlertRichard McConnell and Kathryn Bucher Author Insurance Coverage Law Report Article on Limitations to Extraterritorial Application of Medicare Section 111 Reporting Requirements to Non-U.S. Property and Casualty Carriers
- July 2014 | ArticleBroad Application of Medicare’s Mandatory Insurer Reporting Requirements to Non-U.S. Property & Casualty Carriers Flouts Supreme Court Limitations on Extraterritorial Reach of U.S. LawInsurance Coverage Law Report
- June 28, 2013 | AlertThe Real Scoop on the Purported Insurer Duty "to Protect Medicare's Interest" and Pay for Future Medicals
- May 2013 | ArticleDRI's For The Defense
- May 20, 2013 | Alert
- April 15, 2013 | AlertMedicare Narrows Required Reporting By Insurers; Town Hall Reveals Disconnect With Insurers On Key Questions Regarding Pre-1980 Exposures
- January 4, 2013 | AlertCongress Passes Long-Awaited Reforms To The Medicare Secondary Payer Recovery Process, Including Elimination Of SSN Reporting, But Built-In Regulatory Delays Could Postpone Insurer Relief
- July 9, 2012 | AlertAdministrative Law Bulletin: Coalition For Responsible Regulation v. Environmental Protection Agency — Highly Deferential Judicial Review of Agency Scientific DeterminationsBert W. Rein, Richard L. McConnell
- July 6, 2012 | AlertCMS Releases Revised NGHP User Guide But Fails To Provide Expected Guidance On Important Unresolved Section 111 Issues
- June 21, 2012 | Alert
- June 15, 2012 | AlertCMS Solicits Comments Defining Obligations To "Protect Medicare's Interests" When Settlement Involves "Future Medicals"
- April 27, 2012 | AlertGAO and Federal Court Weigh in on Section 111 Infirmities But It's Business as Usual for CMS During Town Hall Call
- February 29, 2012 | AlertFirst Section 111 Town Hall of 2012 Highlights Need for Further Clarification of Reporting Responsibilities and Frustration Over Improper Claim Denials for Which Insurers Are Taking the Heat
- December 20, 2011 | ArticleInsurance Law360
- June 11, 2010 | AlertSection 111 Bulletin: June 10th CMS Teleconference Draws Many Questions on New Direct Data Entry Reporting Option
- April 30, 2010 | AlertSection 111 Bulletin: April 28th Town Hall NGHP Teleconference Reveals No Major Developments in Agency Guidance
- March 17, 2010 | AlertSection 111 Bulletin: March 16, 2010 Town Hall Teleconference Overview: CMS Takes Stock of Its To-Do List
- March 12, 2010 | AlertSection 111 Bulletin: Legislative Fix Introduced in Congress to Section 111 Reporting Hurdles; Bill Also Seeks Broader MSP Reforms
- March 4, 2010 | AlertSection 111 Bulletin: A Closer Look at Medicare's Significant Revisions to Mandatory Insurer Reporting Guidance for Property and Casualty Insurers
- February 26, 2010 | AlertSection 111 Bulletin: CMS Significantly Revises Mandatory Insurer Reporting Guidance for NGHP Responsible Reporting Entities
- February 18, 2010 | Alert
- February 2, 2010 | Alert
- January 6, 2010 | AlertSection 111 Bulletin: Overview of CMS December 29, 2009 Alert for Foreign Insurers and January 5, 2010 "Town Hall" Teleconference
- December 16, 2009 | Alert
- December 9, 2009 | Alert
- December 4, 2009 | ArticleNo Port In A Storm? Crucial Safe Harbor Still In Doubt under New Medicare Section 111 Reporting RequirementsInsurance Coverage Litigation ReporterRichard L. McConnell, Kathryn Bucher
- November 19, 2009 | Alert
- October 30, 2009 | ArticleSection 111 Bulletin: October 22 Section 111 Town Hall Teleconference: Confusion Continues over 1980 Cutoff Date for MSP Liability and Collection of Social Security Numbers
- October 2009 | ArticleNew Medicare Reporting Requirements for Self-Insured Businesses Kick In: Many Questions Remain UnansweredThe Metropolitan Corporate Counsel Vo. 17, No. 10
- October 7, 2009 | ArticleSection 111 Bulletin: CMS Teleconferences of September 30 and October 6, 2009 Address Section 111 Registration Issues
- August 10, 2009 | AlertSection 111 Bulletin: CMS Posts New Version of User Guide and Requests Public Comment on Draft Language Further Defining the Responsible Reporting Entity under MMSEA Section 111
- July 28, 2009 | AlertSection 111 Bulletin: Long-Term Implications of Medicare Reporting Requirements and Reimbursement Liabilities for Casualty Insurers