Biography

There are two distinct facets to Tony Flynn’s practice — insurance coverage and regulatory work, and counsel to non-profit organizations — and while the two only occasionally overlap, he is nonetheless recognized for his mastery of both.

As an acknowledged authority on insurance coverage and regulation, Tony has represented policyholders, insurance companies, and the Delaware Insurance Commissioner in a wide range of matters. In a state where many insurance companies are domiciled, and is second only to New York in major corporate bankruptcies, he advises clients on procurement and coverage issues — especially D&O liability insurance — and on litigation arising from coverage disputes. He has also represented insurers in regulatory proceedings regarding the acquisition or change of control of Delaware companies, and has served as a hearing officer for the Department of Insurance in such proceedings.

Representing non-profits, Tony handles all manner of governance, compliance, transactional, litigation and other legal issues unique to these organizations in the fulfillment of their various missions. He counsels a wide range of independent schools, public school districts, and religious organizations — most notably the Catholic Diocese of Wilmington, for which he has served as general counsel since 2002.

FOCUS:

  • Insurance coverage, including placement of coverage and litigation regarding environmental, products liability, D&O liability and other risks
  • Insurance industry regulation, including the merger, acquisition or change of control of Delaware domicile companies
  • Representation of non-profit organizations in corporate governance, transactional, risk management, legislative and litigation matters

APPOINTMENTS:
Numerous governmental, professional, religious and charitable organization positions, including:

  • Former counsel to the Governor of Delaware, serving successively under former Governors Pierre S. DuPont IV and Michael N. Castle.
  • Former counsel to Congressman Castle’s campaign committee
  • Former Chairman of the Delaware Harness Racing Commission.
  • Former Director and member of the Executive Committee of the Delaware Contractors Association
  • Founding member and former President of the St. Thomas More Society
  • Former Director and President of the Lincoln Club of Delaware
  • Former member and Executive Officer of the Pastoral Council of the Diocese of Wilmington

Education

  • Catholic University of America Columbus School of Law  (J.D.)
  • University of Delaware  (B.A.)

Bar Admissions

  • Delaware

Court Admissions

  • U.S. District Court for the District of Delaware
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Supreme Court

Distinctions

  • The Best Lawyers in America®, Recognized in Environmental Law, 2005–2007, and Insurance Law, 2007, 2011 and 2013-2018; Delaware Insurance Law Lawyer of the Year, 2018
  • Recognized as among Top Lawyers by Corporate Counsel, 2008-2012, 2015
  • Delaware Super Lawyers®,Environmental, 2007 and 2009, Non-Profit, 2010-2012, 2015-2017, and Insurance Coverage 2018 (only Delaware lawyer recognized)
  • Recipient of the Cross Pro Ecclesia et Pontificae, the highest award the Pope may confer on a layperson
  • Archmere Academy Alumnus of the Year, 2010
  • Recipient of the Msgr. Paul J. Taggart St. Thomas More Award, 2013
  • Inducted into the Irish Legal 100, 2015

Memberships and Affiliations

  • Chairman, Delaware Harness Racing Commission, 1988-2001
  • Association of Racing Commissioners International Board of Directors 1991-1994 
         Chairman, Harness Racing Rules Committee
  • Delaware Criminal Justice Council, 1988-1993
  • Delaware State Bar Association Environmental Law Section, Founding Member, Chair 1997-1999
  • Delaware Contractors Association Board of Directors 1998-2001, Executive Committee 1999-2000 
         Counsel, 1989-present
  • National Diocesan Attorneys Association, 2002-present
  • St. Ann’s Parish Council, 1982-85, President 1983-1984
  • Pastoral Council of the Diocese of Wilmington, 1990-2000, Executive Officer 1993-2000
  • Diocese of Wilmington Long Range Planning Task Force, 1994-1995
  • Archmere Academy Board of Trustees, 2005-2007, Executive Committee 2001-present 
         Counsel, 2001-present
  • Corporate Secretary, The Archmere Trust, 2012-present
  • Secretary and Counsel, Castle Campaign Fund, 1992-2010
  • Republican State Committee, Counsel, 1992-1996
  • Trustee, University of Delaware Library Associates, 2016-present

Clerkships

  • Honorable Caleb R. Layton, III, U.S. District Court for the District of Delaware