Jeffrey M. Brenner
Mobile: (610) 334-4817
Mobile: (610) 334-4817
Represents national and regional insurers in life and disability insurance in the ERISA context as well as novel annuity and structured settlement disputes.
Jeffrey M. Brenner is a Principal In the Firm's Insurance Law Department and represents national and regional insurers in life and disability insurance in the ERISA context as well as novel annuity and structured settlement disputes. His ERISA litigation practice focuses on defending matters involving sophisticated preemption issues; fiduciary issues; fiduciary misrepresentation claims; prohibited transactions; Section 510 cases; benefit claims and challenges to health plans.
Mr. Brenner has extensive experience in the areas of annuities and structured settlement litigation. This experience includes representing national insurers in litigation where “factoring companies” attempt to purchase or transfer structured settlement payment rights stemming from annuities or reinsurance agreements. This litigation often focuses on opposition to the attempted sale or transfer of these payments on the grounds that these transactions violate state structured settlement protection acts (SSPA) or Workers’ Compensation statutes, anti-assignment provisions, implicate minors, or are premised on misrepresentation or fraud. Additionally, Mr. Brenner works extensively with Post & Schell’s Regulatory and Tax Controversy groups to counsel insurers on the novel regulatory and tax issues implicated in such litigation.
As coverage counsel, he is actively involved in the consulting and litigation of complex coverage and bad faith disputes involving all commercial lines, including commercial general liability (CGL), commercial crime, commercial property, business owner’s policies (BOP), errors and omissions (E&O), and employer’s liability (EL) policies. He has served Post & Schell's insurance clients in over forty states, including: California, Florida, Illinois, Maryland, Michigan, New Jersey, New York, Pennsylvania, and Texas, with a full spectrum of complex coverage consulting services, including coverage opinions, reservation of rights and denial letters, examinations under oath (EUO), rescission, interpleader, and declaratory judgment actions. Additionally, he routinely handles insurance bad faith litigation, agent-broker disputes, and causes of action filed under Pennsylvania’s Unfair Trade Practices Act and Consumer Protection Law (UTPCPL).
Prior to joining Post & Schell, Mr. Brenner was an Associate with a Philadelphia-based insurance firm where he compiled First Chair trial experience. Mr. Brenner routinely serves as an arbitrator in the Philadelphia County Court of Common Pleas.
Mr. Brenner was selected for inclusion in the 2015 - 2023 editions of Pennsylvania Super Lawyers' "Rising Stars," a listing of the top 2.5 percent of attorneys in the Commonwealth who are 40 or younger or have been practicing for less than 10 years. For information about this selection and an overview of common third-party publications, rankings, and list methodologies, click here.