Davenport v. Blue Cross of California
Jan 01, 1997OUTCOME: Defense arbitration award.
Established limits on the availability of injunctive relief in actions governed by the Federal Arbitration Act.
San Ramon, CA
Insurance Lawyer at San Ramon, CA
Practice Areas: Insurance, Employee Benefits ... +4 more
OUTCOME: Defense arbitration award.
Established limits on the availability of injunctive relief in actions governed by the Federal Arbitration Act.
OUTCOME: Motion to dismiss granted.
Used the Harris Trust corrective legislation to obtain the nation’s first dismissal of fiduciary and co-fiduciary liability claims against an insurer holding ERISA plan assets in its general account.
OUTCOME: Won on motion for summary judgment.
Established that the loss of a health care professional’s license to practice is a legal disability which does not qualify for benefits under a disability income insurance policy.
OUTCOME: Won on motion for summary judgment
Established that a life insurance company has a private right of action for “twisting” under California Insurance Code Section 781 against agents who misrepresent facts to induce policy surrenders.
OUTCOME: Won on motion for summary judgment
In a disappearance case involving an accidental death policy, confirmed that the beneficiary bears the burden of proving the insured died as the result of an accident.
OUTCOME: Won on motion for summary judgment
Established that a change in premium is sufficient proof that a life insurance applicant’s smoking history was material.