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Issues involving life, health and disability benefits are constantly changing and increasingly complex. White and Williams LLP brings together the talents and resources of numerous highly experienced lawyers to counsel and defend the industry in this area of pivotal importance. We are dedicated to helping our clients confront expanding and exaggerated claims, especially in the volatile areas of group disability insurance disputes, ERISA claims and health coverage claims. ERISA An early proactive approach in ERISA litigation provides the quickest and most efficient resolutions. Our goal is to minimize costs for our clients and to discourage possible future claims. We recognize and apply ERISA in unusual contexts. We establish and maximize ERISA protections. We provide a vigorous defense of clients in ERISA litigation involving benefit denial, fiduciary liability and related issues. From the initial assertion of ERISA preemption of state statutes and common law causes of action, we maintain an aggressive approach throughout the course of the litigation. We seek to limit damages, avert impermissible jury trials, avoid irrelevant discovery, dismiss actions for failure to exhaust administrative remedies and establish the appropriate standard of review. We aim to establish by summary judgment that the decision of the claims administrator was not arbitrary or capricious as a matter of law. Our group also provides benefit and claim analysis before litigation and handles coverage litigation with a particular focus on employee benefit liability endorsements. Life and Disability We have considerable experience defending life and disability insurance fraud claims. Our success in this area is often the result of our aggressive investigation of fraud in the application, fraud in the claim, or in establishing a first manifestation of the sickness before the policy was taken or a pre- existing condition. Our substantial experience in life and disability insurance claims also includes prosecuting rescission actions seeking a return of the policy for fraud in the application. We pursue attorney's fees, costs and treble damages wherever fraud in the making of the claim can be established. Healthcare Our longtime experience and reputation in healthcare are critical to helping clients through this time of industry transition. Recent decisions by both State and Federal courts are changing the nature of liability and eroding existing ERISA protections. New theories are being invented and old ones expanded. Managed care providers and insurers and others not previously subject to claims of medical negligence now face significant exposure. We have extensive experience not only in the defense of professional liability claims, but also in general representation and counseling in various areas of healthcare law. Our representation includes healthcare antitrust claims, Medicare and Medicaid fraud and abuse, as well as RICO and other claims brought against healthcare providers and their insurers. |
