Industries & Practices

Insurance

National insurance company defense

Successfully argued before Ohio’s Tenth District Court of Appeals on behalf of a national insurance carrier in a lawsuit by a former agent challenging the cancellation of their agency agreement. The favorable decision received on behalf of the client clarified several points under Ohio law that impact commercial disputes. 

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FINRA arbitration dismissal

Obtained the dismissal of a lawsuit and related FINRA arbitration claims of alleged harassment and retaliation against a national insurance company’s female executive. Obtained a court order at the conclusion of the case to permanently seal access to online pleadings and remove the case listing altogether. 

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ERISA long-term disability litigation

Represented national insurance company in an ERISA case involving a decision to terminate a plaintiff’s long-term disability benefits after 15 years. Litigated complex legal issues involving ERISA preemption, claim standard of review, and discovery, and negotiated favorable resolution for client.

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ERISA preemption litigation

Represented national insurance company against breach of contract and bad faith claims following client’s denial of an accidental death and dismemberment claim preempted by ERISA. Negotiated a favorable resolution involving the dismissal of the litigation and release of all claims.

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Agent lawsuits in 25 states

Represented a national insurance carrier in response to agent lawsuits in over 25 states. 

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Legislative counsel

Actively represent more than 30 clients before the Ohio General Assembly, state agencies and local government entities. Longtime clients include the Association of Ohio Life Insurance Companies, the Ohio Manufacturers’ Association, the Ohio Association of Physician Assistants and Northeast Ohio Public Energy Council.

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Insurance regulations

Actively assist several insurance companies, including multiple Fortune 500 companies, with questions regarding Ohio Department of Insurance regulations. Combining our knowledge of both the State Department and appurtenant regulations with an appreciation for those federal entities moving into the insurance regulatory space, we represent these companies in negotiations, rate and product filings, and investigations.

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Class action defense

Defended insurer in a Kentucky class action suit alleging misapplication of local government premium taxes. 

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Lehman Brothers class action defense

Successfully represented defendants in a national class action brought in the Lehman Brothers bankruptcy case in the Southern District of New York, which sought to claw back hundreds of millions of dollars in default swap payouts.  

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Life insurance policy trial

Obtained a directed verdict in a Kentucky trial in defense of a national insurance carrier against a breach of trust claim. 

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Annuity product litigation

Successfully represented Pacific Life in a claim that it fraudulently conspired with an annuity product actuary and plan designer to defraud a self-funded plan. 

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Claims adjusting class action

Successfully represented several national insurance companies in a class action lawsuit in Arkansas pertaining to allegations of misuse of claims handling software in the adjustment of bodily injury claims. 

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