Insursance regulation and coverage

 
 

1. Insurer Solvency and Reorganization

Garamendi v. Altus Finance, et. al.
Successfully represented California Commissioner of Insurance pursuing fraud and disgorgement claims against French bank and insurance company which acquired control of junk bond portfolio and insurance assets of Executive Life Insurance Co. Litigation has produced settlements and judgments in excess of $850 million. Additional jury award of $700 million in punitive damages is now on appeal to the 9th Circuit.
View 9th Circuit brief on punitive damages appeal, June 29, 2006
View Reply 9th Circuit brief on punitive damages, October 6, 2006

Commissioner v. St. Paul Fire & Marine Ins. Co.
Represented St. Paul in litigation of claims concerning workers compensation qualification bonds (surety bonds) issued to Superior National Insurance Co. immediately prior to its being placed in conservation by the California Department of Insurance.

Texas Commerce Bank  v. Garamendi, 11 Cal. App.4th 460. 
Represented El Paso N.A. commercial bank acting as an indenture trustee in litigation against the California Department of Insurance which established the policyholder priority status of $2 billion of municipal guaranteed investment contracts issued to the bank by Executive Life Insurance Company.

Commercial National Bank v. Superior Court, 14 Cal.App.4th 393.
Represented bank policyholders in successful challenge to various discriminatory elements of the proposed rehabilitation plan for Executive Life Insurance Co.

Texas Commerce Bank v. Garamendi, 28 Cal. App.4th 1234. 
Represented plaintiff in litigation upholding right of policyholders to recover attorneys fees incurred in successfully challenging conservation court orders re policyholder priority status.

In Re Executive Life Insurance Company, 32 Cal. App.4th 344
Represented large commercial policyholders challenging provisions of the final Executive Life rehabilitation plan.

Commissioner v. Cal-American Insurance Company
Represented senior officers of financially-troubled insurance company during reorganization and attempted rehabilitation of insurance company.


2. Insurance Coverage Litigation

Dial Corporation v. Chubb Insurance Co.
Represented Dial Corporation in successful effort to establish coverage under an employment liability (EPLI) policy for costs of defense and liability arising as a result of an EEOC employment discrimination class action against consumer products manufacturer.

Bridgestone/Firestone Inc. v. First State Insurance Co.  (CT of Common Pleas, Summit County OH). 
Defended environmental impairment insurance coverage claims against an insurance company involving remediation costs incurred at state and federal Superfund sites in California and Ohio.

Rhone-Poulenc Inc v. International Insurance Co.  (ND Ill.) 71 F.3d 1299 (7th Circuit 1999. 
Defended environmental impairment insurance coverage claims,involving remediation costs incurred at superfund sites in Illinois, New York, New Jersey and Delaware.  See) See also, Rhone-Poulenc Inc. v International Ins Co. 1997 WL 264299 (Northern District of Illinois 1997).
View decision 1  -   View decision 2   -   View decision 3

Stauffer Chemical Co. v. American Motorist Insurance Co. (Los Angeles County Superior Court).
Defended environmental impairment insurance coverage claims against an insurance company arising our of cleanup expenses incurred at Iron Mountain Mine, the Parr-Richmond Terminal and the Operating Industries Superfund sites in California. See International Insurance Co. v. Superior Court, 62 Cal.App.4th 784 (1998). 

FMC Corporation v. Liberty Mutual Ins Co. (Santa Clara County Superior Court).
Defended environmental impairment insurance coverage claims against an insurance company in connection with 3 federal Superfund sites in California.  See AIU Insurance Co. v Superior Court 51 Cal.3d 807 (1990).

Calfarm Insurance Co. v. Deukmejian, 48 Cal. 3rd 805.
Advised insurance industry trade association that was involved in facial challenge to the constitutionality of the rate rollback provisions of California Proposition 103.

20th Century Insurance Co. v. Garamendi, 8 Cal. 4th 216. 
Represented insurer in “as applied” challenge to the constitutionality of $100 million rate rollback order issued to leading writer of low cost automobile insurance in California.


3.  Insurance Rate Regulation and Compliance Litigation

20th Century Insurance Co. v. Garamendi, 8 Cal. 4th 216.
Represented 20th Century in challenge to the constitutionality of a $100 million rate rollback order issued to automobile insurance company under California Proposition 103.
View decision

Commissioner v. Allied Insurance Group.
Represented the insurance company in administrative hearings and judicial appeals challenging the rate rollback orders issued to the Allied Insurance Group under Proposition 103.

Commissioner v. Nationwide Insurance Group.
Represented the insurance company in administrative hearings and judicial appeals challenging the rate rollback orders issued to the Nationwide Insurance Group under Proposition 103.

Commissioner v. Metropolitan Life Insurance Co., et al. 
Successfully defended Metropolitan Life against antitrust and unfair practices claims challenging the right of life insurance companies to prohibit agents from rebating commissions earned in sale of life insurance policies.
   
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