News - Page 4

California’s Second District Court of Appeal Affirms Dismissal in Life Insurance Dispute

2014 | Category: Significant Cases
EMH attorneys Tom Hetherington and Jodi Swick represented a life insurance company in a lawsuits where Plaintiffs alleged a second-to-die life insurance policy was obligated to pay the death benefit twice, i.e., upon the death of each spouse. Plaintiff sued the insurance broker who sold him the policy, the broker’s employer, and the insurer. The […]

EMH Secures Dismissal of Delaware RICO Case

2014 | Category: Significant Cases
EMH attorneys Tom Hetherington, David McDowell, Jarrett Ganer and Kendall Burr represented a life insurer in mass action brought by 60 life insurance trusts seeking hundreds of millions of dollars in damages.  EMH successfully obtained dismissal of nearly all of the claims in the suit, including  RICO and fraud-based claims, and the case was thereafter […]

Fifth Circuit Affirms Summary Judgment in Title VII Case

2014 | Category: Significant Cases
EMH attorneys Andrew Edison and Jason Richardson obtained summary judgment in favor of employer on all claims asserted by employee alleging violations of Title VII. The judgment was affirmed on appeal to the U.S. Court of Appeals for the Fifth Circuit (Case No. 13-40686).  The Supreme Court of the United States denied plaintiff’s petition for […]

Reduce Legal Spend By Embracing Technology And Ethics

Law360, New York (January 16, 2014, 12:48 AM EST) – Trimming the bottom line is at the top of every legal department’s to-do list. Ideas on how to reduce legal spend have fluxed like the ocean tides. One wave reduced company personnel and hired outside counsel to obtain a net fiscal gain. Unfortunately, that wave […]

5 Tips To Avoid Bad Faith

Law360, New York (February 07, 2013, 1:06 PM ET) — Insurance companies tend to make headlines when high-dollar or high-profile claims are denied. While insurance companies often have a valid reason for a determination of no coverage, a perception exists that insurance companies do not play by the rules and unfairly deny claims. 5 Tips […]

Fifth Circuit Affirms Summary Judgment in Welfare Benefit Litigation

2012 | Category: Significant Cases
  EMH attorneys David McDowell and Amy Boyea 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. dameware-development-llc-v-american-general-life-ins-co

EMH Prevails in Impostor Insured Case

2011 | Category: Significant Cases
EMH attorneys David McDowell and Jason Richardson obtained summary judgment in favor of life insurer on all claims brought by a fictitious charitable organization for insurance proceeds on the life of a non-existent person.  The court found that the beneficiary of the policies utilized forged documents to misidentify an unclaimed body as that of the […]

California Court of Appeal Finds No Viable Cause of Action Against Insurer Due to Insurer’s Payment of Less Than the Full Amount Billed to Cumis Counsel

In Behnke v. State Farm Insurance Company (filed 5/ 31/11, certified for publication 6/29/11)____Cal.App.4th____; 11 C.D.O.S. 8127, the Fourth Appellate District of the California Court of Appeal held that a policyholder’s dis- pute relating to payment of Cumis counsel fees failed to state a cause of action against the insurer for fraud, breach of contract, […]

A SLAPP AGAINST FEES; Courts Are Moving Away from Mandatory Fee Awards for anti-SLAPP Motions

A SLAPP AGAINST FEES; Courts Are Moving Away from Mandatory Fee Awards for anti-SLAPP Motions

Who Is the Sole Survivor? A Corporate Successor’s Right to Insurance Coverage

In Behnke v. State Farm Insurance Company (filed 5/ 31/11, certified for publication 6/29/11)____Cal.App.4th____; 11 C.D.O.S. 8127, the Fourth Appellate District of the California Court of Appeal held that a policyholder’s dis- pute relating to payment of Cumis counsel fees failed to state a cause of action against the insurer for fraud, breach of contract, […]