Case Highlights
Squar & Associates v. Mercury Insurance Company, et al, Orange Superior Court Case No. 00254073 filed March 20, 2009; final judgment entered December 10, 2009 (lead counsel on behalf of Mercury in UCL class action brought under Junk Fax Prevention Act; case was settled without any monetary or other relief against Mercury)
O’Dell (subsequently Hernandez) v. Mercury Insurance Company, et al, Los Angeles Superior Court Case No. BC 276211 filed March 7, 2003; coordinated as Insurance Company Cases, J.C.C.P. No. 4249; dismissed with prejudice January 3, 2007 (lead counsel on behalf of Mercury in coordinated UCL class actions brought by Shernoff, Bidart & Darras challenging insurer vehicle appraisal practices; after claims for monetary relief dismissed as unmanageable in a class action, and court set deadline for class certification motion as to the remaining issues, Mercury brought summary judgment motion on those remaining claims; case then voluntarily dismissed with prejudice as against all defendants)
In the Matter of Mercury Casualty Company, No. PA03029457, June 1, 2005 (lead trial counsel on behalf of Mercury in Department of Insurance rate hearing after which administrative law judge, ultimately upheld by Commissioner, found that insurers may establish eligibility guidelines of their own choosing outside the statutory and declared rating factors so long as those guidelines are substantially related to the risk of loss and do not violate civil rights proscriptions)
Krumme v. Mercury Insurance Company (2004) 123 Cal. App. 4th 924 (lead trial counsel on behalf of Mercury in trial leading to court judgment on UCL claim that brokers acted improperly as unappointed agents; trial court nonetheless declined to find Mercury liable for some $80 million in claimed broker fees and awarded no monetary relief other than private attorney general fees; oral advocate before Court of Appeal which, while affirming trial court, found Mercury’s arguments “persuasive” and liability question “close”)
Donabedian v. Mercury Insurance Company (2004) 116 Cal. App. 4th 198 (lead counsel on behalf of Mercury in case in which trial court dismissed UCL claim challenging persistency discount; Court of Appeal reversed and, based on trial court evidence of Department of Insurance approval of discount, case ultimately settled for an amount dramatically less than paid by similarly situated insurers)
In the Matter of American Mercury Insurance Company, No. PA04040477 filed September 22, 2004; dismissed April 12, 2005 (lead counsel on behalf of American Mercury in Department of Insurance rate hearing in which the Department withdrew its attempt to require American Mercury to operate with an expense ratio not consistent with that approved for comparable Mechanical Breakdown Insurance providers following pre-trial hearings)
Leivas v. Mercury Insurance Company, Orange County Superior Court Case No. 02CC17920 filed July 12, 2002; dismissed with prejudice July 7, 2004 (lead counsel on behalf of Mercury in UCL class action brought by Levine, Steinberg, Miller & Huver challenging insurance company policy lapse and reinstatement practices; settled favorably after plaintiff’s class certification motion denied)
Credit Managers Association of Southern California v. Kennesaw Life & Accident Insurance Company (9th Cir. 1994) 25 F. 3rd 743 (lead counsel and oral advocate on behalf of Kennesaw in case in which, following trial defeat of ERISA claim against insurer brought by receiver of multiple employer trust (see case below), Court of Appeals upheld District Court’s grant of largest award of attorneys fees to ERISA defendant in history)
United Centrifugal Pumps, et al v. Schotz 1991 WL 274232 (N.D. Cal.) (lead counsel on behalf of Executive Life Insurance Company in case in which plaintiff and its VEBA trust sought to hold Executive Life liable for alleged RICO and other claims along with Executive Life sales agent; District Court dismissed RICO claims, and found that the state law claims pled were preempted and that plaintiffs had not and could not state a valid ERISA claim against Executive Life; Court issued similar findings with respect to a companion case brought on the same theories by Sante Mineral Waters and its VEBA trust, Case No. C-89-2292-FMS)
Credit Managers Association of Southern California v. Kennesaw Life & Accident Insurance Company (9th Cir. 1987) 809 F. 2nd 617 (lead counsel on behalf of Kennesaw in case in which District Court granted summary judgment as to two claims and dismissed three others for lack of standing in case brought against insurer by receiver of multiple employer trust; oral advocate when Court of Appeals upheld District Court decision except as to one ERISA claim, which was subsequently dismissed after court trial)
National Bank of Georgia v. Kennesaw Life & Accident Insurance Company (11th Cir. 1986) 800 F. 2nd 1542 (bank brought interpleader against receiver of multiple employer trust and Kennesaw to determine ownership of trust funds; lead counsel and oral advocate on behalf of Kennesaw when, reversing District Court decision, Court of Appeals held that the insurer had rebutted the presumption of ownership by the multiple employer trust and was, in fact, the owner of the account)