Insurance & Benefits

Insurance & Benefits

Twice recognized by Chambers, EMH’s insurance and benefit team is a “go to” practice group on a national scale.  When it comes to insurance, EMH has the expertise and depth to provide coverage opinions, limit our clients’ risk exposure through litigation and trial, and pursue clients’ subrogation and reimbursement rights.  EMH is also well versed in ERISA and experienced in navigating the current legal climate affecting both fully insured and self-funded plans.


EMH understands that preventing litigation and bad faith exposure begins with an accurate determination of coverage. We look to solve problems before they arise. In developing coverage determinations, EMH combines efficiency with a broad industry expertise to minimize legal spend.  Many of the country’s largest insurers and reinsurers turn to EMH to provide coverage opinions, regardless of geography and choice of law issues.  EMH’s unique coverage perspective results in frequent requests by insurance carriers for EMH attorneys to provide best practice training to their adjusters.


When litigation arises, our trial attorneys partner with primary carriers and reinsurers to develop litigation strategies that work to reduce liability and legal spend. Because our trial attorneys have successfully litigated first party and third party cases of all sizes across virtually every product line available, we are able to develop case strategies based on experience, rather than hope.  Our track record of success speaks to EMH’s pedigree and trial capabilities; however, it is EMH’s pragmatic approach to litigation that often separates EMH from its competitors.

Subrogation/Right of Reimbursement

EMH’s subrogation/right of reimbursement practice seeks to efficiently maximize recoveries on behalf of carriers, fully insured and self-funded group plans, third-party administrators, and independent adjustment companies.  We recognize that success requires speed and flexibility to identify subrogation opportunities and rights of reimbursement.  Once EMH identifies economically viable claims, it relies on its deep bench of litigators to pursue the appropriate recovery and maximize the client’s recovery relative to cost.


The ERISA landscape is ever-changing and EMH attorneys are cognizant of the risk such change poses to clients.  EMH’s ability to remain current on the status of the law and the needs of its clients puts EMH at the top of any nationwide list for Employee Retirement Income Security Act (ERISA) litigation and regulatory guidance.  Our ERISA team has successfully defended clients in class action suits, complex matters alleging breaches of fiduciary duties, and litigation related to health, welfare, and pension benefits. Our clients are plan sponsors, fiduciaries, administrators, carriers, and other involved in employee benefit plan and plan asset administration.

News & Results

  • EMH Prevails in 49ers Coverage Dispute

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  • EMH Wins Summary Judgment Voiding Insurance Policy

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  • EMH Wins Summary Judgment in $2.3 Million Dispute

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