Professional Notes & Events
- Jun 29, 2010 - Upcoming Webinar: Attorney Conflicts of Interest: Identifying and Resolving Ethical Pitfalls
San Francisco partner David McMahon will present on this CLE Webinar which will provide attorneys with a framework to identify the most problematic and difficult to detect conflicts risks. Hosted by Stafford Publications, the panel will outline best practices for attorneys to cope with conflicts that could otherwise result in disqualification, discipline and malpractice. Click here for more information and to register for the June 29, 2010 Webinar. - Jun 28, 2010 - Western Claim Conference, “Help - They Want to Take My Deposition!”
Newport Beach partner Robert Hess will present on how to prepare for and give an effective deposition at the 2010 Western Claim Conference (Indian Wells, CA, June 27-29, 2010). - Jun 28, 2010 - Speaker at Western Claim Conference: Disability Legal Update
Los Angeles partner Martin Rosen will speak on what's new, legally, in the area of insurance disability bad faith at the 2010 Western Claim Conference (Indian Wells, CA, June 27-29, 2010). - Jun 24, 2010 - Speaker at ACI’s Litigating Disability Insurance Claims Conference
Los Angeles partner Martin Rosen will speak on Point/Counter Point: The Plaintiff and Defense Bar Speak Out on Dealing With Bad Faith Claims in Disability Insurance Litigation at the American Conference Institute's 13th National Advance Forum on Litigating Disability Insurance Claims (Boston, MA, June 24-25, 2010). Click here for the conference agenda and to registration information. - May 04, 2010 - ARIAS US 2010 Spring Conference
Los Angeles partner Stephen Klein will be a panelist at the 2010 ARIAS Spring Conference (San Diego, May 4-7, 2010). Mr. Klein will be part of a three-member workshop panel on “Insanity in Action: Hiring the Same Small Pool of Arbitrators and Expecting Different Results.” - Mar 24, 2010 - 2010 Council on Litigation Management Conference
San Francisco partner David McMahon, will speak at the Council on Litigation Management 2010 Annual Conference, March 24-26 in Ponte Vedra, Florida. Mr. McMahonis slated to speak on the topic “Strategies for the Effective Handling of Complex Claims.” - Mar 24, 2010 - 2010 Council on Litigation Management Conference
San Francisco partner John S. (Jack) Pierce, will speak at the Council on Litigation Management 2010 Annual Conference, March 24-26 in Ponte Vedra, Florida. Mr. Pierce is slated to speak on the topic “Rethinking Legal Fees In Lean Times.” - Mar 01, 2010 - Speaker at 2010 Eastern Claims Conference
Los Angeles partner Martin Rosen will speak at the 2010 Eastern Claims Conference, (February 28-March 2, 2010, New York, NY). Mr. Rosen will co-present on "Disability Jeopardy!"
Program description: Bored with the typical claims conference presentation? Know that you have heard it so many times you could give the presentations yourself with one arm tied behind your back? Prove it and come match wits with your fellow contestants! The presenters, an in-house and outside counsel specializing in disability claims handling issues (do not confuse him with Vanna White), offer up an interactive presentation covering both basics and esoterica relating to disability, claims handling, and related issues. Have some fun and learn more than you thought you knew! - Feb 10, 2010 - Billing and Collecting Client Fees: Ethical Considerations
San Francisco partner David McMahon is a co-presenter for Stafford Publication's CLE seminar which will review the ethical dilemmas that arise due to law firms’ billing and collection practices. The panel will outline practical strategies for avoiding ethical violations and legal liability. For more information and registration, please click here. - Feb 03, 2010 - (Speaker) Litigating with a Reservation of Rights
Los Angeles litigation partner Andrew Williams spoke at the Los Angeles County Bar Association's Litigation Inn of Court: Litigating with a Reservation of Rights – Ins and Outs, Tricks and Hazards of Capitalizing on Insurance to Benefit Your Client. - Dec 04, 2009 - 2009 California Legislative Update
The California legislature passed a number of new insurance-related bills that Governor Schwarzenegger signed into law. These include new laws regulating the rescission of health insurance coverage (AB 108), life settlement transactions (SB 98) and electronic transactions (AB 328). Click here to read more. - Aug 06, 2009 - 20th Annual ACIC General Counsel Seminar
Los Angeles partners Richard G. De La Mora, Kent R. Keller and Spencer Y. Kook will present The Impact of Proposition 64 on Class Actions Against Insurance Companies at the 20th Annual ACIC General Counsel Seminar. The conference will take place August 5-7, 2009 at the Encore Wynn Las Vegas. - Jul 28, 2009 - FCRA & State Regulation of Credit Scoring: Chartered & Unchartered Territory for Insurance Companies
As insurance companies re-tool their insurance scoring models or newly enter the field of insurance scoring, they face newly defined obligations under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681 et seq. because of Safeco v. Burr.
In this client alert, Steven Weinstein and Marina Karvelas explore several ramifications of the Safeco v. Burr decision that may require future clarification in the courts. Read more at the Insurance Litigation & Regulatory Law blog or download the article here. - Jul 20, 2009 - Barger & Wolen to Track H.R. 3200: America’s Affordable Health Choices Act of 2009
On July 14, 2009, Rep. John Dingel (D-MI 15) introduced H.R. 3200: America's Affordable Health Choices Act of 2009. Realizing the importance of this bill to the insurance industry and to our clients, Barger & Wolen attorney, Misty A. Murray, will provide regular updates to legislation on our Life, Health and Disability Insurance Law Blog. - Jul 02, 2009 - Barger & Wolen Launches Insurance Litigation and Regulatory Law Blog
Barger & Wolen is pleased to announce the launching of the Insurance Litigation & Regulatory Law Blog, the firm's latest blog dedicated to providing legal insights to the insurance industry.
We hope that the Insurance Litigation & Regulatory Law Blog will become a resource for clients and attorneys by providing legal commentary, case updates, articles, and news and law updates covering the ever-burgeoning areas of insurance litigation and insurance regulation.
We look forward to blogging on topics including: bad faith, insurance industry class actions, insurance claims, coverage (including primary insurance, excess and umbrella coverage), state and federal insurance regulation, as well as state and federal legislation.
While our primary focus is California law, the blog will also address those important topics arising throughout the country.
We hope to create a forum for our readers to express opinions on the issues and topics addressed in this blog. We trust you will find this blog to be a useful resource and we look forward to your comments and feedback.
Insurance Litigation & Regulatory Law Blog
Life, Health and Disability Insurance Law Blog
Litigation Management & Attorney Fee Analysis Blog - Jul 01, 2009 - Event cancellation and non-appearance insurance questions surrounding Michael Jackson’s death
What do the PGA and Michael Jackson have in common? In all likelihood, event cancellation and non-appearance insurance has been purchased to insure against the risk that their various events are canceled. Gregory Eisenreich contemplates the the various insurance questions that Michael Jackson's death creates.
Read more at Barger & Wolen's Insurance Litigation and Regulatory Law Blog. - Jun 15, 2009 - 2009 Western Claim Conference
Newport Beach partner Robert Hess will be speaking at the 2009 Western Claim Conference on the issue of Introduction to Disability Fraud, on June 15, 2009. The conference will take place June 14-16, 2009 at the Esmerelda Resort in Indian Wells, California. - Jun 15, 2009 - ACI’s Litigating Disability and ERISA Claims
Robert McKennon will co-chair ACI’s 12th National Advanced Forum of Litigating Disability Insurance Claims, June 15-16, 2009 in Boston, MA. To download the program brochure, please click here. - Jun 11, 2009 - International Alliance of Asbestos and Pollution Reinsurers
London and New York partner Raenu Barod will present a U.S. legal update at the Technical Meeting of the International Alliance of Asbestos and Pollution Reinsurers (intAP) on June 11, 2009, in Norwich, UK. - May 29, 2009 - Complete Victory in Health Care Rescission Case
On May 28th Barger & Wolen client Blue Shield of California won a complete victory in the landmark health care rescission case, Cindy Hailey and Steven Hailey v. California Physicians’ Service dba Blue Shield of California.
Today's verdict is a complete vindication for Blue Shield of California. It means we acted properly every step of the way. It means that our underwriting procedures were fair and complete, our application was clear, and we acted in good faith. There was no post-claims underwriting. The evidence of deceit by the Haileys was overwhelming. This decision proves that Blue Shield of California had every right to rescind the Haileys' coverage.
Congratulations to Barger & Wolen partner and lead trial counsel John M. LeBlanc and his team: partner Andrew S. Williams, associates Vivian I. Orlando and Jason C. Love, legal assistant Gloria Valles, and paralegals Cathie Sorenson and Eve Torres.
Blue Shield of California
- May 07, 2009 - Client Alert: Excess Insurance in Commercial Vehicle Leasing Situations
In the May 4, 2009 decision, Sentry Select Ins. Co. v. Fidelity & Guaranty Ins. Co., 09 C.D.O.S. 5457 the California Supreme Court weighs in on statutory presumption of excess insurance in commercial vehicle leasing situations. Click here to view the full client alert (pdf) by Los Angeles partner Marina M. Karvelas. - Apr 23, 2009 - Client Alert: New Mandatory Filing Requirements
Click here to read how the Medicare, Medicaid and SCHIP Extension Act of 2007 will require liability, no-fault and workers' compensation insurers to report to the Centers for Medicare & Medicaid Services the resolution of all claims involving injuries to individuals who are Medicare beneficiaries. - Mar 26, 2009 - Issues Arising from CDO’s: Hot Topics
New York reinsurance partner, Raenu Barod, will present on Issues Arising from CDO's: Hot Topics at Harris Martin's Reinsurance Mediation and Arbitration Conference, March 26, 2009. - Mar 26, 2009 - Life After the Hall Street Decision
New York reinsurance partner, Evan L. Smoak, will present Life After the Hall Street Decision at Harris Martin's Reinsurance Arbitration & Mediation Conference on Thursday, March 26th in Miami, FL. - Mar 26, 2009 - Reinsurance Arbitration & Mediation Conference
Evan L. Smoak is serving as the co-chair for Harris Martin's Reinsurance Arbitration & Mediation Conference, March 26-27, 2009 at the Fontainebleau Miami Beach, Miami, FL. - Mar 24, 2009 - John M. LeBlanc Addresses Neutrals at JAMS
At the request of Justice John Trotter (ret.), John M. LeBlanc addressed neutrals at JAMS Los Angeles on the topic of insurance and managed care litigation, rescission and postclaims underwriting. - Mar 19, 2009 - The Fee Dispute Case & The Fee Expert
On Thursday, March 19th, John S. (Jack) Pierce, a partner in Barger & Wolen’s San Francisco office, will present on The Fee Dispute Case & The Fee Expert at The National Association of Legal Fee Analysis hosted by The San Francisco Attorney Fee Dispute Program: "Attorney Fee Disputes in a Volatile and Uncertain Economy". Moderated by Gary A. Bresee, the discussion will provide information about what to expect from a fee expert, what qualifications you should look for in a fee expert, what opinions a fee expert can provide, and what opinions you should avoid seeking from a fee expert. A full program agenda can be found by clicking here. - Mar 19, 2009 - National Association of Legal Fee Analysis Conference
On Thursday, March 19th, The National Association of Legal Fee Analysis will host The San Francisco Attorney Fee Dispute Program: "Attorney Fee Disputes in a Volatile and Uncertain Economy." Barger & Wolen partner Gary A. Bresee is serving as the Program Chair for the event, where topics will include:-
- Attorney Fees in the Insurance Coverage Context
- Attorney Fees in Prevailing Party Situations
- Brandt Fees
- Billing Guidelines
- Reasonable Fees in Cumis Counsel Situations
- California's Mandatory Fee Arbitration Program
- Mar 17, 2009 - Insurance & Regulatory Seminar
The partners at Barger & Wolen invite you to attend a complimentary client seminar on important legal issues facing the insurance industry. Discussions will be lead by several of the firm's partners on a variety of topics, including: - Agent/broker & California insurance regulatory update (Robert W. Hogeboom) - Coverage issues and related litigation (Gregory O. Eisenreich & Marina Karvelas) - Life and annuity hot topics (Larry M. Golub) - Market conduct issues (Steven H. Weinstein) - Federal regulation of insurance (Randall Doctor) - Rate filings (Richard G. de la Mora) - Reinsurance (Michael L. Rosenfield) California MCLE credit - 2.5 hours. Tuesday, March 17 9:00 - 9:30 a.m. - Networking & continental breakfast 9:30 a.m. - 12:00 p.m. - Program Manchester Grand Hyatt San Diego - Gregory AB One Market Place San Diego, CA RSVP to Heather Milligan. - Mar 16, 2009 - Open House Reception at NAIC Spring Meeting
The partners at Barger & Wolen invite you to attend an open house reception at the NAIC 2009 Spring Meeting in San Diego, CA.
Located on-site at the Hyatt Hotel's Redfield's Sports Bar, we hope you will take the time to join us for cocktails, heavy hors d'oeuvres and the enjoyment of the venue's games and outdoor cigar lounge.
Monday, March 16
5:30 - 7:30 p.m.
Redfield's Sports Bar
Manchester Grand Hyatt San Diego
One Market Place
San Diego, CA
RSVP to Heather Milligan - Jan 23, 2009 - Press Release: Key Win on Appeal for Barger & Wolen Client Virginia Surety
Los Angeles, CA – In an administrative proceeding before California Insurance Commissioner Steve Poizner, Barger & Wolen partners Kent R. Keller and Stephen C. Klein obtained a key win on appeal for client Virginia Surety against the California Insurance Guarantee Association (CIGA), File No. CIGA-07-1.
In an order that is effective February 12, 2009, California’s Insurance Commissioner Steve Poizner has adopted the decision of Administrative Law Judge David R. Harrison declaring “The Credit Refund Rules CIGA Adopted at its November 15, 2007 Board Meeting Were Invalid.”
Click here to read the full press release, and here for a copy of the Order. - Jan 12, 2009 - 2009 Mid-Year Update at ACI Litigating Disability Insurance Claims Conference
In addition to co-chairing ACI's Litigating Disability Insurance Claims Conference, Robert McKennon will present 2009 Mid-Year Update: Emerging Trends and the Latest Changes and Developments in the Disability and ERISA Arena. Click here to download a copy of the brochure. - Jan 01, 2009 - New Partner Announcement - Dennis C. Quinn
Barger & Wolen LLP is pleased to announce that Dennis C. Quinn has been elevated to our partnership. A Corprate & Regulatory attorney in our New York City office, Mr. Quinn specializes in insurance and reinsurance transactions and regulatory law. - Dec 06, 2008 - Open House Reception at NAIC Winter Meeting
Join Barger & Wolen partners Robert Hogeboom, Michael Rosenfield and Charles Cohen (Arizona Insurance Director, 1998 - 2003), and senior associate Dennis Quinn, for an open house reception at the NAIC 2008 Winter Meeting in Dallas, TX, where you can enjoy an open Martini Bar, wine & beer, heavy hors d'oeuvres at the on-site Texan Station 19th Hole Bar.
Saturday, December 6, 2008 5:30 - 8:00 p.m. Texan Station 19th Hole Bar Gaylord Texan Hotel & Convention Center 1501 Gaylord Trail Grapevine, TX 76051 RSVP to Heather Milligan - Nov 13, 2008 - New England Claim Association
Los Angeles litigation partner Martin Rosen will present Mediating the Litigated Disability Lawsuit at the New England Claim Association, November 13th, 2008 (Springfield, MA). Click here for registration details. - Sep 22, 2008 - AB 2956 Workshop - Washington, DC (UPDATED)
Presented by Robert W. Hogeboom the Workshop for Insurers and Brokers on California Broker Fees will provide a 2-hour overview on the background regarding the distinction between an agent and a broker. Mr. Hogeboom will review how AB 2956, pending in the California legislature, seeks to clarify the positions taken by all segments of the industry, including insurers, producers, consumer advocates, the trial bar and the California Department of Insurance (DOI) on the issue of broker fees, insurer liability, disclosures, compensation agreements and the effect of Proposition 103.$75.00 registration fee includes course materials, CLE credit (California) and lunch.
Registration: 10:30 - 11:00 a.m.
Program: 11:00 a.m. - 1:00 p.m.
Location: Gaylord National Resort & Convention Center
RSVP: Please send a completed registration form to Veronica Montero.
AB 2956 Registration Form - Sep 19, 2008 - AB 2956 Workshop - New York (UPDATED)
Presented by Robert W. Hogeboom the Workshop for Insurers and Brokers on California Broker Fees will provide a 2-hour overview on the background regarding the distinction between an agent and a broker. Mr. Hogeboom will review how AB 2956, pending in the California legislature, seeks to clarify the positions taken by all segments of the industry, including insurers, producers, consumer advocates, the trial bar and the California Department of Insurance (DOI) on the issue of broker fees, insurer liability, disclosures, compensation agreements and the effect of Proposition 103.$75.00 registration fee includes course materials, CLE credit (California) and breakfast.
Registration: 9:30 - 10:00 a.m.
Program: 10:00 a.m. - 12:00 p.m.
Location: Grand Hyatt New York
RSVP: Please send a completed registration form to Veronica Montero.
AB 2956 Registration Form - Sep 09, 2008 - AB 2956 Workshop - Los Angeles (UPDATED)
Presented by Robert W. Hogeboom the Workshop for Insurers and Brokers on California Broker Fees will provide a 2-hour overview on the background regarding the distinction between an agent and a broker. Mr. Hogeboom will review how AB 2956, pending in the California legislature, seeks to clarify the positions taken by all segments of the industry, including insurers, producers, consumer advocates, the trial bar and the California Department of Insurance (DOI) on the issue of broker fees, insurer liability, disclosures, compensation agreements and the effect of Proposition 103.$75.00 registration fee includes course materials, CLE credit (California) and breakfast.
Registration: 9:30 - 10:00 a.m.
Program: 10:00 a.m. - 12:00 p.m.
Location: Los Angeles Airport Marriott
RSVP: Please send a completed registration form to Veronica Montero.
AB 2956 Registration Form - Apr 28, 2008 - Defending the Insured
Barger & Wolen partners John S. Pierce, Robert G. Levy, Larry M. Golub, Dawn N. Valentine and Travis Wall, along with associate Donielle Colich, have co-authored a book published by Aspen Publishing, updated in 2008, entitled Defending the Insured. The book is a practical guide for insurers and defense counsel concerning issues that arise nationwide in providing a defense to insureds pursuant to liability policies. Topics covered include the nature of rights and duties in the tripartite defense relationship, the use of independent counsel and allocation issues between the insurer and the insured. First published in 2004, the publication is the first of its kind to provide a state-by-state guide to legal professional ethics issues that impact the insurance industry, including the use of billing guidelines, staff counsel and legal fee audits. - Jun 06, 2007 - ACI 10th National Advanced Forum
Martin E. Rosen and Sara A. Maunder presented their paper, Disability Legal Update, A Nationwide Review of Disability Bad Faith Litigation (January 2006 through April 2007) at the American Conference Institute 10th National Advanced Forum on Resolving Disability Insurance Claims & Litigation, June 6-7, 2007 in Boston, MA. - May 23, 2006 - 38th Annual Midwest Claim Conference
Robert J. McKennon, a partner in the Newport Beach office, spoke on the topic of what constitutes bad faith and issues surrounding it at the 38th Annual Midwest Claim Conference held in Chicago, IL. - Feb 23, 2006 - ACI’s Litigating Disability Insurance Claims Conference
Robert J. McKennon, a partner in the Newport Beach office, spoke on the topic of proving or disproving chronic fatigue, fibromyalgia, FSS and other subjective physical disorders at ACI’s Conference on Litigating Disability Insurance Claims held in Miami, FL. - Sep 26, 2005 - Mealey’s Bad Faith Litigation Conference
Robert J. McKennon, a partner in the Newport Beach office, spoke on the topic of effective jury instructions in bad faith cases at Mealey’s Bad Faith Litigation Conference held in Philadelphia, PA. - May 24, 2005 - ACI’s Managing and Litigating Mental Illness Disability Insurance Claims
Robert J. McKennon , a partner in the Newport Beach office, spoke on the topic of ensuring against bad faith and punitive damages in mental illness disability cases at ACI’s Conference on Managing and Litigating Mental Illness Disability Insurance Claims held in New York, NY. - Mar 04, 2005 - ACI’s Advanced Forum on Litigating Disability Insurance Claims
Robert J. McKennon, a partner in the Newport Beach office, spoke on the topic of implications of the latest case law on bad faith, punitive damages, and alternative theories of recovery at ACI’s Advanced Forum on Litigating Disability Insurance Claims held in Coral Gables, FL. - Jun 10, 2004 - ACI’s 7th National Advanced Forum on Litigating Disability Insurance Claims
Robert J. McKennon, a partner in the Newport Beach office, co-chaired ACI’s Seventh National Advanced Forum on Litigating Disability Insurance Claims and provided a comprehensive update on the disability law arena, including the newest developments and trends, the most difficult issues facing insureds, insurers, and their respective counsel, and the latest case law. The conference was held in Boston, MA. - Mar 23, 2004 - Disability Fraud Issues Forum
Robert J. McKennon, a partner in the Newport Beach office, presented a legal and regulatory update at the Disability Fraud Issues Forum held by the NHCAA Institute for Health Care Fraud Prevention held in Newport Beach, CA. - Dec 09, 2003 - ACI’s Managing and Litigating Depression Disability Insurance Claims
Robert J. McKennon, a partner in the Newport Beach office, spoke on the topic of how to deal with malingering, misrepresentation and fraud in clinical depression claims at ACI’s conference on Managing and Litigating Depression Disability Insurance Claims held in San Francisco, CA. - Jun 09, 2003 - 19th Annual Western Claims Conference
Robert J. McKennon, a partner in the Newport Beach office, presented a workshop on disability fraud, what can be done to reduce losses attributed to fraud, and how to identify and resolve various claim issues at the 19th Annual Western Claim Conference held in Indian Wells, CA. - Mar 25, 2003 - 6th National Advanced Forum on Litigating Disability Insurance Claims
Robert J. McKennon, a partner in the Newport Beach office, spoke on the topic of the latest developments in bad faith and punitive damages at the 6th National Advanced Forum on Litigating Disability Insurance Claims held in Boston, MA. - Apr 30, 2002 - Southern Claims Conference
Robert J. McKennon, a partner in the Newport Beach office, spoke on the topic of contestable claims, bad faith and punitive damages at the 2002 Southern Claims Conference held in Orlando, FL. - Mar 30, 2000 - ACI’s 6th National Conference on Bad Faith and Punitive Damages
Robert J. McKennon, a partner in the Newport Beach office, spoke on the topic of tactical considerations and strategies for success when litigating bad faith actions at ACI’s Sixth National Conference on Bad Faith and Punitive Damages held in San Francisco, CA.
