Amy Boyea specializes in complex commercial litigation, with a focus on insurance and financial services litigation. Throughout her career, Amy has represented financial services companies across the country in matters involving premium financing, welfare benefit and defined benefit pension plans, agent and broker compensation, unfair settlement practices, credit life and disability, market conduct, bad faith insurance claims, viatical litigation, and breach of contract. Amy is national counsel for numerous financial services companies in litigation concerning a variety of welfare benefit plans relating to Sections 412(i) and 419 of the Internal Revenue Code. She also acts as national counsel for some of the nation’s largest insurers in actions relating to secondary market transactions of life and annuity products. Amy is the founding partner of EMH’s Dallas/Ft. Worth office.
Amy has represented clients in class actions and a wide range of litigation matters across the country in state and federal courts at both the trial and appellate levels as well as before arbitration panels. Her diverse litigation experience includes matters related to life, health, and disability insurance; factoring transactions; business torts; employment; construction litigation; and the energy industry. Amy has been recognized for her litigation skills, being named a Texas Super Lawyer Rising Star for five consecutive years.
Outside of her legal practice, Amy is actively involved in her church community and serves in various capacities at her children’s school. She also enjoys traveling and spending time with her husband and three children.
Texas Rising Star, 2011-2015
Successfully defeated class certification in putative class action in federal court in California in which defendants were accused of engaging in a RICO conspiracy regarding the sale of certain life insurance products in connection with welfare benefit plans.
Obtained dismissal with prejudice through demurrer of claims against annuity issuer alleging negligence, negligent misrepresentation, and rescission based on the issuance of a life-benefits-only annuity as part of a personal injury settlement package.
Successfully represented life insurer in Fifth Circuit Appeal to affirm trial court’s summary judgment in favor of life insurer regarding attempted rescission of life insurance policies issued to fund a 412 (i) welfare benefit plan.
Obtained dismissal on special appearance of all claims against foreign insurance entities alleged to have voluntarily participated in fraudulent investment scheme.
Successfully obtained dismissal of claims against life insurer on a statute of limitations argument resulting in dismissal of plaintiff’s claims based on their dissatisfaction with an Internal Revenue Code Section 412(i) defined-benefit plan.
Represents numerous financial services companies in purported class actions and individual cases across the country involving Sections 412(i) and 419 of the Internal Revenue Code.
Represented employers and insurers in employee benefit and insurance matters in various jurisdictions throughout the United States, including ERISA actions, involving benefit claim disputes.
Successfully obtained dismissals for multiple insurance carriers and employers under ERISA for claims alleging wrongful denial or termination of benefits.
Represented a former gas trader in multimillion-dollar arbitration against a multinational bank.
Represented a major energy provider in a weeklong trial relating to the alleged breach of a defense and indemnification agreement.
Represented an energy provider in a multimillion dollar arbitration focusing on the construction of an LNG gas plant and involving numerous claims and counterclaims for breach of contract and negligence.
“Legal Advocacy for Cancer Patients,” presentation on insurance and ERISA issues.