Professional Notes & Events

• 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.
  

  Blue Shield of California

  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.
• 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
  
  
  A full program agenda can be found by clicking here.
• 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
• Mar 11, 2009 - Council on Litigation Management Annual Conference
  San Francisco litigation partners Jack Pierce and David McMahon will present on How to Conduct Fair and Effective Qualitative Legal Audits at the Council on Litigation Mangement's Annual Conference, "Bulletproofing the Defense Alliance," March 11-13, 2009. Phoenix, Arizona.
• 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.