Our insurance litigation practice group is comprised of experienced attorneys who have successfully defended all types of insurance claims for some of the largest and best known companies in the industry, including at trial and on appeal. Our practice group boasts over fifty years of combined insurance experience in first and third-party cases across multiple product lines.
Our attorneys have successfully served industry leaders including AEGON, Admiral Insurance, Aflac, Allstate Life, American General Life, Catlin, Colonial Life & Accident, Farmers, F&G Life, The Hartford, ING, Integrity Life, Jackson National, John Hancock, Lafayette Life, Leading Insurance Services, Inc., Lincoln Benefit Life, MassMutual, MetLife, Monumental Life, Nationwide, New York Life, Penn Mutual Life, People’s Benefit Life, Standard Life, Stonebridge Life, Tokio Marine & Nichido Fire Insurance Company and Transamerica Life.
Our attorneys bring a wealth of experience encompassing the following representative areas:
Life, Disability and Health– Representation of insurers in breach of contract and bad faith suits arising out of individual and group life, disability, health, long term care insurance, annuities, retirement plans, including rescission, foreign death claims, fraud, proof of claim, sales, marketing, elder abuse and premium financing.
ERISA– Representation of insurers, employers and employee benefit plans arising from claims for medical, disability and deferred compensation benefits, and related fiduciary claims.
Property and Casualty– Defense of carriers against first party breach of contract and bad faith claims, including disputes arising out of misrepresentation or fraud, cooperation requirements, trigger of coverage, proof of loss and scope of damage in personal and commercial lines. In addition, we have assisted carriers in providing a defense for its insureds in third-party actions against a wide array of claims, including:
- Breach of contract, negligence claims, violation of Business and Professions Code section 17200, et seq., and actions pursuant to the Confidentiality of Medical Information Act (CIMA);
- Environmental, products liability and toxic tort claims – Defended product manufacturers, retailers, material suppliers, distributers, general contractors, subcontractors, premises owners and public utilities companies in multi-party complex actions in state, federal and multi-district litigation involving products or substances including benzene, asbestos, diacetyl, silica, and industrial solvents including trichloroethylene and trichloropropane.
- Construction defect claims – Providing defense for developers, general contractors and subcontractors in residential and commercial projects against claims involving defective roofing, concrete, asphalt, stucco, waterproofing, electrical, plumbing, HVAC and mold.
Professional Liability and Commercial Liability Claims – Representation of professional liability and commercial line carriers in claims for breach of contract, bad faith, equitable subrogation, equitable indemnity, equitable contribution and reimbursement.
- Summary Judgment obtained on behalf of insurer in connection with allegation of “bad faith” denial of life insurance policy after company allegedly failed to credit premium payments.
- Successfully defended insurer in connection with the alleged “bad faith” denial of accidental death insurance coverage after a two-week jury trial.
- Summary Judgment obtained on behalf of insurance company in “bad faith” action where company rescinded life insurance policy on the ground the insured materially misrepresented his diagnosis and treatment of Lou Gehrig’s disease.
- Summary Judgment obtained in connection with the alleged “bad faith” denial of accidental death insurance coverage on the ground of “drug” exclusion.
- Summary Judgment obtained, holding three-year contractual limitations period was reasonable and governed plaintiffs’ claims under ERISA, rather than California’s four-year statute of limitations period.
- Dismissal with prejudice of “bad faith” action on behalf of insurer after prevailing on motions regarding choice of law and choice of forum.
- Successful resolution of numerous “bad faith” actions involving hospital indemnity, long-term care, health, life and disability insurance.
- Successful representation of clients in other matters related to multi-state sales and marketing of insurance products, vesting of health insurance coverage, “vanishing” premiums claims under life insurance policies, withdrawal of products from state and group markets, application of self-inflicted injury exclusion under health insurance policy, application of suicide exclusion under life insurance policy, rescission of life, health, and disability insurance policies, application of “legal” disability or disability income insurance claim, claims under credit life insurance policies, and denial of life, health or disability insurance benefits.
- Summary Adjudication obtained regarding the duty to defend on behalf of a professional line insurer against a commercial line insurer which did not cover the defense of the underlying suit.
- Dismissal with prejudice of “bad faith,” equitable contribution and indemnity action on behalf of insurer after prevailing on demurrer on the ground that four underlying suits were not properly tendered.
- Dismissal with prejudice of “bad faith” action after Plaintiff was proven to have submitted false documentation during the claims process.
- Summary Judgment obtained on behalf of Fortune 100 insured against over $1 million dollar policy limit demand arising from a worker’s personal injuries.
- Summary Judgment obtained on behalf of a general contractor insured arising from a subcontractor’s employees’ work related injuries.
- Summary judgment obtained in breach of contract and bad faith case where the court determined a property insurance policy did not cover a “loss” due to a landslide which did not result in physical damage to the property.
- Summary judgment obtained in favor of life insurance company in federal court after rejecting claims brought by former CEO of insurance brokerage business arising from a life insurance policy with a $3 million death benefit.