2015 Archives

EMH Successfully Compels Arbitration Under Insurance Policy

2015 | Category: Significant Cases
EMH prevailed in a motion to compel arbitration against a non-party to the insurance contract, on the argument that the non-party was seeking benefits under the contract, and therefore had to accept the terms and limitations within the contract, including the arbitration clause.  The arbitrator found for American Bankers on the substance of the dispute, […]

Have we reached the end of the partnership model?

“[This decision] warrants industrywide reconsideration of how New York law firms should be organized and whether the term partner is an outdated job title that carries more pitfalls than prestige.” Last November, Schnader Harrison Segal & Lewis bankruptcy partner Paul Jasper spoke these words to the New York Law Journal in response to a decision affecting one […]

EMH Secures Dismissal with Prejudice of Bad Faith Claim

2015 | Category: Significant Cases
EMH attorneys Jodi Swick and Robert Whitney represented a life insurance company who was sued by a plaintiff alleging a massive conspiracy to deny him benefits under his parents’ life insurance policy. We successfully moved to dismiss three iterations of Plaintiff’s complaint and twice successfully avoided attempts to remand the case to California state court. […]

EMH Wins Dismissal of Bad Faith and Consumer Protection Claims

2015 | Category: Significant Cases
EMH  prevailed in dismissing the claims against his client American Bankers, as a matter of law, as the Court found that a 10 year delay in paying life insurance benefits did not give rise to cause of action because the plaintiff had not tendered the claim earlier, and there was insufficient allegations that American Bankers had reason […]

EMH Secures Dismissal with Prejudice in Wrongful Lapse Case

2015 | Category: Significant Cases
EMH attorney Jodi Swick represented a life insurer where the policy lapsed, due to non-payment of premium, and insured died thereafter.  Plaintiff claimed her husband was incapacitated and was not capable under the California Probate Code to let the policy lapse such that the policy should be reinstated.   We brought a motion to dismiss claiming that […]