Having received a Bachelor of
Arts degree with Honors from the University of Texas in 1977, and his Juris
Doctorate degree from the University of Texas School of Law in 1980, Patrick
Cantilo was admitted to practice law in the State of Texas in November 1980. He
has since been admitted to practice in all Texas Courts, the United States
District Courts for the Eastern, Northern, Southern and Western Districts of
Texas, the United States Courts of Appeals for the Fourth and the Fifth
Circuits, and the United States Supreme Court.
While most recently Mr.
Cantilo's practice has been concentrated on the reorganization of health
services corporations and in the area of insurance regulation, rehabilitation
and liquidation, his experience is far more diverse.
As advisor to state regulators,
he has become deeply involved in conversion, merger, reorganization or initial
public offering transactions for a number of Blue Cross and Blue Shield plans.
Much of Mr. Cantilo's law
practice has been devoted to the area of civil litigation, including cases in
the State and Federal Courts, both at the trial and appellate levels. His
litigation experience includes relatively straight-forward matters like the
prosecution or defense of insurance claims and very complex matters such as
major bankruptcy reorganizations and insurance rehabilitations. Demonstrative
of this experience are the roles played by Mr. Cantilo as lead counsel for Texas
Insurance regulators in the Maxicare Bankruptcy (reported at In re Family
Health Services, Inc., 101 B.R. 618 (Bankr. C.D. Cal. 1989)) and in the
bankruptcy proceeding involving an insurance holding company and its
affiliates. (See In re First Financial Enterprises, Inc., 99 B.R.
751 (Bankr. W.D. Tex. 1989)).
He has served as lead counsel
in cases involving injunction against the presentation of letters of credit,
licensing of child care facilities, revocation of physician privileges, landlord
tenant disputes, medical malpractice actions, construction negligence, wrongful
lien, insurance fraud, regulatory jurisdiction, commercial lending, deceptive
trade practices, defense of a variety of insurance claims, employment issues,
liability of officers and directors, bankruptcy, insurance insolvency, and a
host of other matters.
Mr. Cantilo has also devoted a
significant part of his legal career to complicated business and insurance
transactions, including the negotiation of complex reinsurance transactions, the
development and implementation of complex insurance rehabilitation plans, the
negotiation of purchase and sale agreements for a variety of businesses, goods
and services, participation in corporate restructurings, participation in
complex real estate transactions, mergers, acquisitions, and similar matters.
He has served as Counsel to the
Receiver, as Special Deputy Receiver, Deputy Receiver, Deputy Liquidator or in
comparable capacities in literally dozens of insurance and managed care
insolvencies. He has taken the lead in the rehabilitation and liquidation of a
wide variety of entities ranging from a small trust company to a multi-billion
dollar life insurance company and including a number of health maintenance
organizations, life insurance companies, accident and health insurance
companies, property and casualty insurance companies, title insurance companies,
insurance agencies, premium finance companies and related entities. He has
negotiated the formation and commutation of reinsurance agreements, developed
plans for the collection of agents' balances, collected reinsurance recoverables,
negotiated agreements with guaranty funds and other regulators, negotiated with
federal authorities on such matters as insurance claims disputes, tax claims and
related matters, developed and implemented complex plans for the rehabilitation
or liquidation of a large variety of insurers and insurance related entities,
and has written and lectured numerous times on related topics. This area of
practice continues to occupy much of Mr. Cantilo's time, as he continues to play
the lead role in the rehabilitation of a multi-billion dollar life insurer, the
receivership of a household name-casualty insurer, the wind-down of a health
maintenance organization and more limited roles in other insurance
insolvencies. At the same time, Mr. Cantilo continues to devote much of his
attention to complex transactional work and a broad array of regulatory and
civil litigation matters.
Languages
French and Spanish.
Transactions
Corporate transactions
include: demutualization of Trigon Insurance Company; conversion to for profit
of Blue Cross Blue Shield of Missouri; litigation arising from the mutualization
of Blue Cross and Blue Shield of Kansas, Inc.; sponsored demutualization of
Blue Cross and Blue Shield of Kansas, Inc.; proposed conversion of CareFirst of
Maryland, Inc. and acquisition by WellPoint Health Networks, Inc.; conversion
and sale of Blue Cross and Blue Shield of Colorado, and conversion to
non-profit mutual of Blue Cross and Blue Shield of North Dakota. Receivership
or conservation proceedings for the following, among other, companies include:
Baldwin-United Companies, Executive Life Insurance Company, Fidelity Bankers
Life Insurance Company, Home Owners Warranty Corporation, Knickerbocker Life
Insurance Company, United Capital Life Insurance Company, General Protective
Life Insurance Company, First United Trust Company, United Bankers Life
Insurance Company, Texas Prepaid Health Plans, Group Health of El Paso,
MetroCare, East Texas Health Plans, Maxicare Health Plans, MedCenters of North
Dakota, Foundation Health Plan of New Jersey, Mobile County Mutual Insurance
Company, Commodore County Mutual Insurance Company, Kenilworth Insurance
Company, Cotton Belt Insurance Company, Superior Lloyds Insurance Company and
Colonial Title Insurance Company.
Publications
"Texas
Health Maintenance Organizations: Lessons from Insolvency",
Texas Health Law Reporter, Vol. 1, Nos. 4 and 5, October and December 1984;
"Insurer
Insolvency: A Primer for Malpractice Insureds",
Texas Health Law Reporter, Vol. 2, No. 5, December 1985;
"What To Do If You Believe Your
Malpractice Carrier Is Insolvent”,
Texas Medicine, Vol. 83, No. 3, March 1987;
"New Legislation Affects Fees,
Taxes for Texas Third-Party Administrators”,
Houston Insurance News, December 1, 1987;
"Health, HMO and Related Entity
Insolvencies”, American Bar Association, Tort and Insurance Practice
Section, Law and Practice of Life Insurance Company Insolvency, June 1993, 1996;
and
"Rehabilitation of Managed Care
Organizations: A Thumbnail Sketch of Certain Key Considerations”,
The Insurance Receiver, International Association of Insurance Receivers, Winter
1999.
Presentations and Lectures
"HMO Issues: A Seminar for State
Regulators", (Bureau of HMOs, U.S. Department of Health and Human
Services) 1982, 1983, 1984 and 1986;
"How to Examine HMO Financial Viability", seminars (N.A.H.M.O.R and
O.H.M.O.-D.H.H.S.) 1981;
"HMOs: What Do We Know?", seminar (N.C.H.S.R., Texas Departments of
Health and Insurance and Texas Senate) 1981;
Seminar on Agent's Liability, Texas Association of Life Underwriters
Convention, 1985;
Group Health Institute, (Group Health Association of America, Inc.,
and N.A.H.M.O.R.) 1986;
"The Regulator's Response to the New Competitive Environment",
(American Medical Care and Review Association and N.A.H.M.O.R.) 1986;
"Current HMO Issues: A Seminar for Regulators",l (N.A.I.C. and
N.A.H.M.O.R.) 1986;
"HMO Issues 1987: A Seminar for State Regulators", (N.A.H.M.O.R. and
O.P.H.C.) 1987;
"HMO Issues 1988: A Seminar for State Regulators", (N.A.H.M.O.R. and
O.P.H.C.) 1988;
"HMO Issues 1989: A Seminar for State Regulators", (N.A.H.M.O.R. and
O.P.H.C.) 1989;
HMO REGULATIONS: THE LATEST TRENDS IN STATE ISSUES--"Bankruptcy: A
Federal or State Problem?", Group Health Institute 1989, June 15, 1989,
Atlanta Georgia;
"A Guide to Insurer Insolvency", State Bar of Texas Professional
Development Program entitled DEALING WITH THE FAILED INSURER, October 1989,
Austin and Dallas, Texas;
"HMO Insolvency: State or Federal Jurisdiction?", National Conference
of Insurance Legislators, Austin, Texas, November 1989;
"1988 HMO Law Update", National Health Lawyers Association Meeting,
Chicago, December 1989;
"N.A.H.M.O.R. Education Foundation Advanced Seminar", San Diego,
California, April 27, 1990;
"NAIC/N.A.H.M.O.R. Committee and Industry Advisory Group", Arlington,
Virginia, October 2, 1990;
"HMO Issues 1991: Defining Managed Care", N.A.H.M.O.R. Annual
Meeting, Indianapolis, Indiana, June 6, 1991;
"LOMA Group Insurance Administration Committee", Guest Speaker,
Austin, Texas, March 3, 1992;
"Legal Issues Involved in the Liquidation of Insolvent Insurers",
Texas Department of Insurance, Guest Speaker, Austin, Texas, August 15,
1992;
"Receivership Appeal Procedures", National Association of Insurance
Commissioners/Society of Insurance Receivers, Guest Speaker, Orlando,
Florida, February 18-19, 1993;
"Health, HMO and Related Entity Insolvencies", American Bar
Association National Institute on Life Insurer Insolvency, Guest Speaker,
Chicago, Illinois, June 19-20, 1993;
"Mock Takeover", Society of Insurance Receivers, Guest Speaker, New
Orleans, Louisiana, December 3, 1994;
"Legal Issues in Managed Care Regulation", National Association of
Managed Care Regulators, Guest Speaker, San Antonio, Texas, May 1, 1995;
(EX) Special Committee on Blue Cross Plans, 1995 NAIC Winter National
Meeting, San Antonio, Texas, December 4, 1995;
"HMOs, Warranty Insurers, and Other "Special" Receiverships",
National Association of Insurance Commissioners and the Society of Insurance
Receivers Insolvency Workshop, Albuquerque, New Mexico, January 25, 1996;
"Risk Retention Groups", National Association of Insurance
Commissioners Federal Preemption of State Insurance Laws, Detroit, Michigan,
March 23, 1996;
Interim Meeting of the Special Committee on Blue Cross Blue Shield Plans,
Dallas, Texas, April 26, 1996;
"Health, HMO, and Related Entity Insolvencies", American Bar
Association National Program, Insurance Regulation of Health Care
Arrangements, New York, New York, June 2, 1996;
"Insolvency Issues, Historical Perspective", (HCFA), Negotiated
Rulemaking Committee on PSO Solvency Standards, Arlington, Virginia, October
22, 1997;
"Insurer Restructuring: A Framework for Regulatory Analysis", (NAAG),
National Training Conference for Regulators - Health Care Conversions and
Acquisitions, Boston, Massachusetts, July 19, 1998;
"Blue Cross Blue Shield Conversions", (NAMCR), 1998 Fall Conference,
Managed Care's Future, Washington Perspective, Washington, D.C., October 26,
1998;
"Troubled Managed Care Organizations: A Return to Bad Old Times?", (NAMCR),
HMO Insolvency Seminar, San Antonio, Texas, February 18-20, 1999;
"Troubled Managed Care Organizations: Back to the Future!", (NAMCR),
HMO Insolvency Seminar, Charleston, South Carolina, November 3-4, 1999;
"Managed Care: a Different Millennium Bug" IAIR/NAIC Insolvency
Workshop; Tuscon, Arizona, January 20-21, 2000;
"HMO Insolvencies and Their Impact: Provider, Patient, Legal, and
Financial Issues", Mealey’s Insurance Insolvency & Reinsurance
Roundtable, Scottsdale, Arizona, April 13-15, 2000;
"Collaboration: The Future of Healthcare", National Association of
Managed Care Regulators, Albuquerque, New Mexico, May 17, 2000;
"Managed Care Insolvencies: Just When You Thought it Was Safe to Go Back
in the Water", Society of Financial Examiners 2000 Career Development
Seminar, Unchartered Waters: Fathoming the Depths of Fraud, San Diego,
California, July 23-26, 2000;
"Delegation Agreements–The Legal Issues", Downstream Contracting and
Delegation Summit; National Assoc. of Managed Care Regulators,
Philadelphia, Pennsylvania, November 13-15, 2000;
"Solvency vs. Quality – Striking a Balance", National Association of
Managed Care Regulators, Long Beach, California, May 22, 2001;
"Lessons and Implications of Various Blue Cross Blue Shield Conversions",
New York, New York, June 21, 2003;
"The Day after Tomorrow", 2005 International Association of Insurance
Receivers Insolvency Workshop, Lake Buena Vista, Florida, February 3-4,
2005;
"Receiver’s Perspective", NCIGF 2005 Legal Seminar, National
Conference of Insurance Guaranty Funds, New York, New York, July 21, 2005;
"Top Ten Ways to Be a Good Lawyer", Mandalay Bay, Las Vegas, Nevada,
June 4, 2005;
"Top Ten Ways to Ensure Your Receivership is Perfect", Co-Chair, 2006
International Association of Insurance Receivers Insolvency Workshop, Cosmic
Tour of Receivership Issues, San Diego, California, February 1-3, 2006.
International Association of Insurance Receivers 2007 Insolvency
Workshop, Moderator, Tucson, Arizona, January 31 - February 2, 2007;
"Regulatory and Solvency Issues", Illinois CPA Society 2007 Insurance
Conference, Chicago, Illinois, October 16, 2007;
"Bridging the Gap Between the Capital Markets and Troubled Insurers",
Organizer B
Planning Committee, International Association of
Insurance Receivers, Emerging Investment Opportunities, New York, New York,
October 24, 2007;
"Insurance and the Globalization of Financial Services: Challenges for
Worldwide Regulations and Supervision", 15TH International Association of
Insurance Supervisors ("IAIS") Annual Conference, Budapest, Hungary, October
14 - 17, 2008;
"Receivership Feud", International Association of Insurance Receivers
2009 Post Inaugural Insolvency Conference, Tampa, Florida, January 21-23,
2009;
"Status of the Insurance Industry, What is a Receivership, Insurance
Agent’s Responsibilities", RiskProNet International, Construction Practice
Group, Chicago, Illinois, February 16-17, 2009;
"Insolvencies Regulations and Safety Net in Insurance International
Perspective, Transborder Failures in Insurance: U.S. Experience", 25th
PROGRES International Seminar, Montreux, Switzerland, April 6-7, 2009; and
"Solvency and Receiverships in Insurance", Illinois CPA Society 2009
Insurance Conference, Chicago, Illinois, October 23, 2009.