Ellen MacDonald Farrell
Counsel
efarrell@crowell.com

Washington
1001 Pennsylvania Avenue, N.W.
Washington, DC 20004-2595
Phone: 202.624.2952
Fax: 202.628.5116

Ellen MacDonald Farrell is a counsel in Crowell & Moring's Washington, D.C. office and a member of the Insurance/Reinsurance practice group. For fifteen years, Ellen has represented some of the nation's largest insurers in high-stakes insurance and reinsurance disputes. Ellen's achievements include:

  • Successfully capping insurers' liabilities for claims made by installers of asbestos-containing materials;
  • Successfully helping a Fortune 500 company obtain tens of millions of dollars from its reinsurer in connection with underlying pollution claims;
  • Working with another large property and casualty insurer to develop and implement a strategy for recovering reinsurance on the company's largest asbestos exposures; and
  • Negotiating a multi-million dollar recovery for her insurer client in connection with underlying mercury contamination claims.

Through her insurance practice, Ellen has helped insurers negotiate cost-share and buy-back agreements, and has advised insurers on issues including the classification and allocation of long-tail claims, number of occurrences, equitable contribution between insurers, missing policy and late notice issues. Ellen has also advised companies with respect to the structure of their captive insurance programs.

Through her reinsurance practice, Ellen has successfully represented ceding companies and reinsurers in numerous matters involving pollution, asbestos, cyber risk, mold, September 11, Hurricane Katrina, Enron, WorldComm, tax shelter, IPO laddering, securities litigation and construction defect claims. Through these matters, Ellen has addressed a wide range of reinsurance issues including follow the fortunes, rescission/misrepresentation, catastrophe clash cessions, aggregation, allocation, ECO/XPL, recovery of declaratory judgment expense and late notice.

Ellen has also represented an insurance agency; has represented insurers and reinsurers in connection with insurance company liquidations; and represented the liquidator of an insolvent Hawaii insurer.

Ellen is deeply committed to pro bono work. Most recently, she has acted as co-counsel to the Washington Legal Clinic for the Homeless in an effort to ensure that Washington, D.C. provided shelter to homeless individuals and families during the past winter. Ellen also contributed to the Constitution Project's November 2008 report "Liberty and Security: Recommendations for the Next Administration and Congress."

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. She is admitted to the District of Columbia Bar. She is a member of the AIDA Reinsurance and Insurance Arbitration Society (ARIAS-US), the Women's Bar Association and the American Bar Association.

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