News - Page 3

EMH Wins Summary Judgment Voiding Insurance Policy

2016 | Category: Significant Cases
EMH prevailed on summary judgment voiding an insurance policy on account of a material misrepresentation in an insurance application, even though that defense was not asserted until after the litigation commenced. brambila-v-wozencraft-insurance-agency-inc

EMH Wins Summary Judgment in $2.3 Million Dispute

2016 | Category: Significant Cases
EMH prevailed in cross-motions for summary judgment for First Mercury to defeat Multnomah County’s insurance claim to recover a $2.3 million underlying judgment relating to damage to Morrison Bridge in Portland, OR. In an issue of first impression, the Court found that Oregon R.S. § 31.140 protects both subcontractors and their insurers when contractors attempt to pass liability […]

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warrants industrywide reconsideration of how New York law firms should be organized and whether the term partner is an outdated job title that carries more pitfalls than prestige.”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 […]

EMH Wins ERISA Preemption Motion

2014 | Category: Significant Cases
EMH attorney Jodi Swick represented a life insurance company in case where plaintiffs were two individuals who were not named beneficiaries of the policy but claimed to be entitled to benefits.  EMH filed a motion for judgment on the pleadings alleging that the policies were preempted by ERISA.  The district court agreed and dismissed the […]

EMH Wins Summary Judgment in Welfare Benefit Case

2014 | Category: Significant Cases
EMH attorneys Amy Boyea and Jason Richardson obtained dismissal on summary judgment of all claims asserted by broker against his employer and its parent company for alleged improper training in relation to the sale of 419(e) plans. hill-v-woodbury

In Search of the Win-Win

Law firms and clients have become fixated in the last decade on hourly rates in efforts to increase revenue and reduce legal spend, but is this the most productive focus? Attorneys and clients often have adverse interests on hourly rates. If each instead defines their “win” in reference to their bottom lines, as opposed to […]