On the Pulse...Our Life, Health and Disability Practice Group

Marshall, Dennehey, Warner, Coleman & Goggin's Life, Health and Disability Practice Group is dedicated to the representation of insurers and employers in disputes arising out of employer-sponsored and individually issued life, health and disability products.

Our group's attorneys are knowledgeable in the complex field of ERISA litigation, including issues of preemption and removal of state court actions in general, scope and standard of review, effect of different plan wordings and, in particular, recent developments regarding structural conflicts in plan administration, attorney fee awards and scope of the administrative record. We are well versed and recognized in the federal courts where we practice, and we vigorously defend our clients' rights to federal jurisdiction in the face of remand litigation involving preemption, fraudulent joinder and other diversity issues.

With respect to life insurance disputes, we handle named beneficiary issues, determination of accidental death, as well as suicide and intoxication exclusions. The firm's cumulative experience cooperating with local law officials and investigators in a broad variety of civil litigation is invaluable for effective and efficient handling of death causation issues. For disability policies, our experience with local treating physicians and experts facilitate our defense of coverage determinations distinguishing between "own occupation" and "any occupation" benefits and temporary and total disability. Our group's familiarity with the industry and its underwriting practices allows us to economically evaluate and counsel our clients with respect to named insured, certificate holder and group plan holder issues.

Perhaps the strongest asset of the group is the fact that each and every one of our attorneys is a defense litigator. Our attorneys bring all the trial skills and efficiencies of a civil defense litigation firm to our handling of ERISA and privately issued life and health products. This experience is critically important to our clients when they are faced with complex discovery issues, such as demands for documents and procedures outside the administrative record, and in defending attorney fee award claims.

Similarly, our firm's broad geographical coverage is an asset. Our nineteen offices are strategically spread throughout all of Pennsylvania, New Jersey, Delaware and Florida and portions of Ohio and New York. Where plaintiff's attorneys commence litigation in rural or little known venues for "hometown" benefit, our attorneys are intimately familiar with the local judiciary, experts and court rules to even out the playing field for our clients. Not surprisingly, this combination of local, practical experience with our familiarity with the technical rules and strategies underlying ERISA and state court litigation is a valuable asset for the firm and our clients.

The group also coordinates with the firm's Coverage and Extra-Contractual Exposure Practice Group for its handling of complex insurance disputes. The Coverage Group represents the industry, both with respect to the handling of these claims and in the errors and omissions market for claims against program providers alleging mishandling of claims. The group also draws from the experience of the firm's Securities and Investments Professional Liability Practice Group with respect to the defense of brokers and agents in errors and omissions claims.

The Life, Health and Disability Practice Group's chair, Eric Fitzgerald, Esquire, devotes his practice exclusively to the representation of insurers and self-insureds with respect to insurance coverage disputes. Eric is a former National Governor in the Chartered Property Casualty Underwriters ("CPCU") Society. He is active in the Defense Research Institute's Life, Health and Disability Section, where he was recently published in its journal The ERISA Report. Eric is also matriculated with the American College where he is closing in on earning his Chartered Life Underwriter ("CLU") designation. Please feel free to contact Eric with any questions or if you would like a presentation on cutting-edge developments in the life, health and disability field for your claims staff.

*Eric is a shareholder and works in the firm's Philadelphia, Pennsylvania, office. He can be contacted at (215) 575-2688 or eafitzgerald@mdwcg.com.

Defense Digest, Vol. 16, No. 4, December 2010