Insurance and Reinsurance

Recent representations include:

• Obtained first-of-its-kind California federal court ruling and Ninth Circuit affirmance holding that our client had no duty to defend opioid distributor because state/local governments’ increased costs from of opioid epidemic were not an “accident.”
• Obtained published Ninth Circuit affirmance of the first COVID-19 business interruption case to be heard by that court, in Mudpie v. Travelers.
• Won summary judgment in Washington state putative class action seeking COVID-19 business interruption losses and obtained seminal Washington Supreme Court decision affirming judgment, Hill & Stout v. Mutual of Enumclaw.
• Obtained favorable summary judgment ruling for the member company of a major carrier as to settlement allocation and duty to defend issues, leading to successful resolution of a long-standing coverage reimbursement dispute in the New York State Commercial Division, National Union v. Fresenius Medical Care Holdings.

Recent representations include:

• Successfully represented an insurer in an interlocutory appeal before the Ninth Circuit, arguing that the trial court had properly denied a motion to certify a class of auto insurance policyholders challenging how the insurer valued claims for “totaled” vehicles.
• Served as national strategic trial and appellate counsel in multiple state-specific cost-of-insurance class actions, including securing summary judgment in Washington and California actions.
• Defeated class certification and obtained dismissal in putative class action challenging the company’s utilization review of inpatient mental health services.
• Defeated class certification of a putative class of more than 100,000 policyholders in a case challenging core underwriting and pricing practices that, if successful, would have forced our client to overhaul its operations.
• Defending an insurer in putative life insurance class action seeking to revive lapsed policies based on claim that it did not comply with certain California statutes regarding notices to designees.

Recent representations include:

• Secured a unanimous United States Supreme Court decision holding that an insurer with financial responsibility for bankruptcy claims is a “party in interest” under the Bankruptcy Code that has a right to participate in bankruptcy reorganization proceedings.
• Secured California Court of Appeal victory in State Farm v. Lara, an important decision regarding the prior-approval regime that held that the insurance commissioner could not impose retroactive rates and order premium refunds.
• Obtained a significant Ninth Circuit victory in a case touted as “easily the most important health insurance decision of the last 25 years,” involving challenges to guidelines that our client used to make coverage determinations.
• Won a unanimous appellate victory from the U.S. Court of Appeals for the Ninth Circuit in a closely watched coverage case involving wind-driven rain in the Pacific Northwest.
• Won a published California Court of Appeal decision dismissing a class action alleging insurers unlawfully accessed a computer database containing confidential heath information. Previously won Ninth Circuit affirmance of federal court dismissal of similar allegations under the Stored Communication Act.
• Won a published Oklahoma Supreme Court decision for the member company of a finance and insurance corporation in an early state Supreme Court COVID-19 insurance appeal.