Ellen MacDonald Farrell is a senior counsel in Crowell & Moring's Washington, D.C. office and a member of the Insurance/Reinsurance Group, focusing on the litigation, arbitration and negotiated resolutions of insurance and reinsurance disputes, as well as counseling on privacy and security issues.
For more than fifteen years, Ellen has represented some of the nation's largest insurers in high-stakes disputes involving the insurance industry. Ellen's recent achievements and representations include:
- Defending an insurance group against a Fortune 100 company's claim in New York state court for insurance coverage for the company's alleged asbestos liabilities.
- Ensuring that a policyholder complied with an agreement with its insurer as to the allocation of covered and non-covered claims.
- Successfully capping an insurer's coverage obligations with respect to claims against a New York contractor.
- Successfully representing an insurer in Kentucky state court with respect to a contractor's asbestos coverage claims.
- Representing an insurance group in the liquidation proceedings involving an insolvent New Hampshire insurer.
Through her insurance practice, Ellen has helped insurers negotiate cost-share and buy-back agreements, and has advised insurers on a wide range of issues including the classification and allocation of long-tail claims, number of occurrences, equitable contribution between insurers, trigger, allocation, multi-year policy issues, missing policy and late notice issues. Ellen also counsels insurers with respect to policy wording.
Through her reinsurance practice, Ellen has successfully advised companies and reinsurers on a wide range of reinsurance issues, and has also counseled companies with respect to reinsurance contract wording.
Ellen also counsels insurance companies with respect to governing state and federal security laws, and the implementation of privacy and security policies. Ellen has spoken on a variety of topics, particularly on insurance and reinsurance issues presented by data security breaches and other cyber liabilities.
Ellen is deeply committed to pro bono work. In addition to focusing on special education issues, Ellen has assisted elderly and low-income individuals with Medicare Part D issues. In 2008, Ellen contributed to the Constitution Project's report "Liberty and Security: Recommendations for the Next Administration and Congress," and for many years has volunteered with the Election Protection program. Finally, Ellen has acted as co-counsel to the Washington Legal Clinic for the Homeless in an effort to ensure that the District of Columbia comply with its obligations to provide shelter to homeless individuals and families.
Ellen graduated from Yale University in 1991 magna cum laude and with distinction in the English major. Thereafter, in 1994, Ellen graduated from the University of North Carolina law school with High Honors and as a member of Order of the Coif; she was also a staff member of the North Carolina Law Review, and is admitted to the District of Columbia Bar, and is a member of the AIDA Reinsurance and Insurance Arbitration Society (ARIAS-US) and the American Bar Association.