Defended leading health insurer in a case involving plaintiff’s claim for benefits related to services provided by an air ambulance provider alleging the wrongful denial of benefits under an ERISA governed healthcare benefit plan. Obtained summary judgment dismissing the plaintiff’s complaint on the grounds that the health insurer’s denial of benefits was reasonably based on substantial evidence and not arbitrary and capricious because plaintiff’s claim for air ambulance transportation was not medically necessary as the services were requested solely for the convenience of the patient’s family.

Defended leading health insurer and self-funded health insurance plan in a case involving plaintiff healthcare provider’s claims alleging wrongful denial of benefits under an ERISA governed self-funded healthcare benefit plan. Obtained dismissal on the grounds that the plaintiff did not have standing to pursue its patient’s claim for healthcare benefits because the underlying ERISA plan included an anti-assignment clause voiding plaintiff’s assignment of benefits.

Defended leading health insurer in several different cases involving state law breach of contract, promissory estoppel, account stated and fraudulent inducement claims related to the health insurer approving the plaintiffs’ healthcare providers’ requests for pre-authorization. Obtained dismissals on the grounds that the plaintiffs’ state law claims were completely preempted by ERISA.

Defended leading health insurer in several cases involving plaintiffs’ (healthcare providers) claims alleging wrongful denial of benefits under ERISA governed healthcare benefit plans. Obtained dismissals on the grounds that plaintiffs did not have standing to pursue their patients’ claims for healthcare benefits because the underlying ERISA plans included anti-assignment clauses voiding plaintiffs’ assignments of benefits.

Defended leading disability insurer in a case involving a claim for ERISA disability benefits in which the plaintiff argued that, based on her diagnosis of multiple sclerosis, she was entitled to benefits. Obtained a favorable appellate ruling in the U.S. Court of Appeals for the Second Circuit reversing judgment for the plaintiff and entering judgment in favor of the defendant on the grounds that the District Court erred by finding that the defendant insurer/claim administrator acted arbitrarily and capriciously in denying plaintiff's claim for continuing disability benefits related to her multiple sclerosis diagnosis because her condition had improved and no longer met the ERISA's plan's definition of disabled. *

Obtained a summary judgment dismissing the plaintiffs' complaint in its entirety against defendant disability insurer, including the plaintiff plan participant's state law claims on the grounds that they were preempted by ERISA and her claim seeking an award of short-term disability benefits under an ERISA-regulated benefit plan on the grounds that the defendant insurer's adverse benefit determination was based on substantial evidence, and/or the lack thereof, and not arbitrary and capricious. In addition, obtained a summary judgment dismissing co-plaintiff's (i.e. the plan participant's relative) state law claims for breach of contract, negligent infliction of emotional distress, and intentional infliction of emotional distress related to the purported inadvertent release of her medical information on the grounds that the available evidence before the court did not satisfy the elements necessary to succeed on her state law causes of action. Obtained an affirmance in the Second Circuit of the district court's decision. *

Successfully represented leading health insurer at trial in New York City Civil Court in a case involving a claim for health benefits. Convinced trial court that plaintiff's complaint should be dismissed for failing to provide sufficient evidence to prove her claim. *

Defended insurer in mandatory arbitration in the U.S. District Court for the Eastern District of New York in a claim for accidental death and dismemberment benefits. Obtained a favorable ruling from the arbitrator, dismissing plaintiff's claim in its entirety after the arbitrator found that, based on the evidence and arguments presented, decedent's death was the result of a suicide and, therefore, not accidental. *