Gordon & Rees counsels and defends a large number of insurers in suits and arbitrations involving breach of contract and bad faith claims arising out of life, disability, health, and long term care insurance, as well as annuities, pension plans and retirement plans. During the past year, we have been victorious in several matters applying both abuse of discretion and de novo review to denials of disability claims. We have also reached numerous favorable settlements of benefits claims and high exposure breach of fiduciary duty claims. Gordon & Rees is proud to be named to “The Select List of Law Firms for the Defense in Life, Health & Disability Insurance” compiled by Res Loquitor Corporation. To qualify for the list, law firms are evaluated by at least five life and health insurance companies and the results must place a firm among the top one-third of all law firms. Gordon & Rees has been included in the prestigious list since 2007.
Representative matters include:
Gordon & Rees has a specialty practice group focused on ERISA disputes. The ERISA law team is part of our Insurance and Employment Practices groups, which have extensive experience handling disputes involving life, health, and disability insurance, including annuities, pension plans, retirement plans, and long term care insurance. Team Leader Ron Alberts published an article in the September 2009 issue of DRI Magazine, For The Defense, entitled "Circuits at Odds: A Year after Glenn - No Clear Path," which evaluates how each circuit court has interpreted the landmark ERISA decision of the United States Supreme Court, MetLife v. Glenn.
Our attorneys have comprehensive knowledge of ERISA substantive law and extensive experience litigating ERISA claims in the federal trial and appellate courts. Our ERISA experience involves not only claims for various employee benefits, but also complex breach of fiduciary duty claims against retirement and pension plan administrators. As ERISA litigation continues to increase, we have a team of experienced attorneys with substantial experience in the planning of ERISA litigation strategy and advising clients in the assessment of a wide range of risks. Our experience includes litigating claims in Arizona, California, Colorado, Nevada, Oregon, Texas, Washington, and Wyoming.
Our team recently represented a defendant health insurer in an ERISA action in federal court in which the plaintiff sought benefits for inpatient treatment he received for drug and alcohol abuse. The insurer denied coverage based on a finding that inpatient treatment was not the medically appropriate level of care. The U.S. District Court for the Central District of California ruled in favor of the insurance company. Shortly after the lawsuit was filed, a federal court granted a motion to dismiss for G&R's client, a retirement plan, on a breach of fiduciary claim in a hybrid ERISA/wrongful termination lawsuit. Examples of additional representative matters include:
Gordon & Rees's Health Care Plan Law lawyers leverage the combination of specialty experience in health care contract litigation with extensive insurance coverage experience. We have resolved many contract claims brought by providers against payors, including insurers, HMOs, and self-insured plans.
We have handled claims ranging from benefit entitlement disputes and contract terms, to appropriate treatments and medical necessity determinations, to unbundling and usual and customary charges. The lawyers on our Health Care Plan Law team have a broad range of experience representing health care providers and health, life and disability insurance carriers in high profile litigation in state and federal courts throughout the U.S. Representative matters include: