Post & Schell, P.C.

Life/Health/Disability and ERISA Litigation

Chairs & Contacts

John C. Sullivan
215-806-9117
jsullivan@postschell.com

Steven Schildt
215-587-1089
sschildt@postschell.com

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Overview

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Claims under life, health and disability policies in group plans are often complex, and require a comprehensive knowledge and understanding of numerous federal and state statutes and regulations, including the Employee Retirement Income Security Act of 1974 (ERISA). The attorneys of our Insurance Law Department have decades of experience working with insurers, employers, brokers, third-party administrators, and ERISA plans, and bring this significant experience to bear in advising clients with regard to insurance coverage issues related to such policies. Our group has assisted clients in investigating claims under life, health, and disability policies, and they frequently provide advisory opinions for clients throughout the United States on the interpretation and applicability of such policies.

The Department’s attorneys are also seasoned litigators, and they have significant experience defending their clients in life, health, and disability insurance coverage litigation. Our attorneys have advised and defended their clients at all stages of insurance coverage and extracontractual litigation, from the initial pleadings through trial and appeal. Our group has obtained favorable verdicts for their clients in complex litigation involving such issues as group eligibility, contestability, fraud/rescission, residual disability, policy lapse, and beneficiary disputes. Our attorneys also have significant experience litigating claims subject to ERISA, and clients rely on them to help navigate the complex series of regulations and statutes that govern employee life, health, and disability plans. Experience in this area includes consistently obtaining the dismissal of state law tort, contract, and statutory claims against clients by securing a judgment that ERISA applies to the life, health, or disability policy at issue.

Read full overview > Read less >

Related Practices

  • Bad Faith and Extra-Contractual Litigation
  • Complex Insurance Coverage Advice and Litigation
  • Construction Defect/Injury Insurance Coverage
  • Insurance Fraud and Arson
  • Insurance Law
  • Reinsurance

Representative Matters & Results

  • Obtained judgment barring recovery under a disability policy based on the fortuity/known loss doctrine, where the policy was incontestable and lacked first manifest language.
  • Obtained judgment following trial and successful appeal in favor of insurer under an ERISA disability plan, where the insured—a healthcare professional—claimed total disability based upon addiction to controlled substances.
  • Secured summary judgment in favor of life insurance company in bad faith litigation relating to policy termination and failure to make premium payments.
  • Obtained judgment rescinding disability policy based on insured’s misrepresentation on policy application and the known loss doctrine.
  • Obtained summary judgment in favor of medical health plan based upon exclusion for coverage under plan language.
  • Successfully established that ERISA governmental plan exception did not apply to medical health plan affiliated with state university.
  • Secured dismissal of state law contract and bad faith claims based on applicability of ERISA to employee’s policy.

Attorneys

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Richard L. McMonigle, Jr.

Richard L. McMonigle Jr.

Senior Counsel
Past Chair, Insurance Law Department

Philadelphia
Phone: 215-587-1019
Fax: 215-587-1444

rmcmonigle@postschell.com

Steven Schildt Attorney at Law

Steven Schildt

Principal & Co-Chair, Insurance Law Department
Member, Firm Board of Directors

Philadelphia
Phone: 215-587-1089
Mobile: 267-322-0388
Fax: 215-587-1444

sschildt@postschell.com

Jeffrey M. Brenner

Jeffrey M. Brenner

Principal
Insurance Law

Philadelphia
Phone: 215-587-1133
Mobile: (610) 334-4817
Fax: 215-587-1444

jbrenner@postschell.com

Jack Sullivan

John C. Sullivan

Principal
Insurance Law

Philadelphia
Phone: 215-806-9117
Fax: 215-587-1444

jsullivan@postschell.com

Kathleen K. Kerns

Kathleen K. Kerns

Principal
Insurance Law

Philadelphia
Phone: 215-587-5932
Fax: 215-587-1444

kkerns@postschell.com

Brendan S. Reilly

Brendan S. Reilly

Associate
Insurance Law

Philadelphia
Phone: (215) 587-1050
Fax: (215) 587-1444

breilly@postschell.com

Daniella G. Mannino

Daniella G. Mannino

Associate

Philadelphia
Phone: (215) 587-5919
Fax: (215) 587-1444

dmannino@postschell.com

Amy M. Barca

Amy M. Barca

Counsel
Insurance Law

Philadelphia
Phone: 215-587-1171
Fax: 215-587-1444

abarca@postschell.com

Lisa Cumming

Lisa A. Reilly

Associate
Insurance Law

Philadelphia
Phone: 215-587-1143
Fax: 215-587-1444

lreilly@postschell.com

News & Insights

News

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Steven J. Schildt and Anthony L. Miscioscia Appointed as Co- Chairs of Post & Schell's Insurance Law Department

Anthony L. Miscioscia and Celestine Montague Join Post & Schell as Principals in the Firm's Insurance Law Department

The Pennsylvania Defense Institute Honors Post & Schell as "Defense Firm of the Year" at its Annual Conference on July 15

Steven Schildt Elected as Fellow in the American College of Coverage Counsel

Jack Sullivan and Steven Schildt Appointed Chair and Vice-Chair of Post & Schell's Insurance Law Department

Thirty-Five Post & Schell Attorneys Recognized in 2019 Edition of Best Lawyers in America

Post & Schell Announces New Board Member and Chairs of Insurance Law, Appellate and Business Law & Litigation Departments

Post & Schell Elects Three New Principals in Harrisburg, Philadelphia and Pittsburgh Offices

Media & Articles

Toggle Button Open

Jeff Brenner Provides Analysis of Sixth Circuit Decision and Impact on Benefits Claims Under ERISA for DRI's The Voice

Jeff Brenner Co-Authors Article on Supreme Court's ERISA/Church Plan Decision for DRI's ERISA Report

Overview Attorneys

Claims under life, health and disability policies in group plans are often complex, and require a comprehensive knowledge and understanding of numerous federal and state statutes and regulations, including the Employee Retirement Income Security Act of 1974 (ERISA). The attorneys of our Insurance Law Department have decades of experience working with insurers, employers, brokers, third-party administrators, and ERISA plans, and bring this significant experience to bear in advising clients with regard to insurance coverage issues related to such policies. Our group has assisted clients in investigating claims under life, health, and disability policies, and they frequently provide advisory opinions for clients throughout the United States on the interpretation and applicability of such policies.

The Department’s attorneys are also seasoned litigators, and they have significant experience defending their clients in life, health, and disability insurance coverage litigation. Our attorneys have advised and defended their clients at all stages of insurance coverage and extracontractual litigation, from the initial pleadings through trial and appeal. Our group has obtained favorable verdicts for their clients in complex litigation involving such issues as group eligibility, contestability, fraud/rescission, residual disability, policy lapse, and beneficiary disputes. Our attorneys also have significant experience litigating claims subject to ERISA, and clients rely on them to help navigate the complex series of regulations and statutes that govern employee life, health, and disability plans. Experience in this area includes consistently obtaining the dismissal of state law tort, contract, and statutory claims against clients by securing a judgment that ERISA applies to the life, health, or disability policy at issue.

Read full overview > Read less >

Richard L. McMonigle, Jr.

Richard L. McMonigle Jr.

Senior Counsel
Past Chair, Insurance Law Department

Philadelphia
Phone: 215-587-1019
Fax: 215-587-1444

rmcmonigle@postschell.com

Steven Schildt Attorney at Law

Steven Schildt

Principal & Co-Chair, Insurance Law Department
Member, Firm Board of Directors

Philadelphia
Phone: 215-587-1089
Mobile: 267-322-0388
Fax: 215-587-1444

sschildt@postschell.com

Jeffrey M. Brenner

Jeffrey M. Brenner

Principal
Insurance Law

Philadelphia
Phone: 215-587-1133
Mobile: (610) 334-4817
Fax: 215-587-1444

jbrenner@postschell.com

Jack Sullivan

John C. Sullivan

Principal
Insurance Law

Philadelphia
Phone: 215-806-9117
Fax: 215-587-1444

jsullivan@postschell.com

Kathleen K. Kerns

Kathleen K. Kerns

Principal
Insurance Law

Philadelphia
Phone: 215-587-5932
Fax: 215-587-1444

kkerns@postschell.com

Brendan S. Reilly

Brendan S. Reilly

Associate
Insurance Law

Philadelphia
Phone: (215) 587-1050
Fax: (215) 587-1444

breilly@postschell.com

Daniella G. Mannino

Daniella G. Mannino

Associate

Philadelphia
Phone: (215) 587-5919
Fax: (215) 587-1444

dmannino@postschell.com

Amy M. Barca

Amy M. Barca

Counsel
Insurance Law

Philadelphia
Phone: 215-587-1171
Fax: 215-587-1444

abarca@postschell.com

Lisa Cumming

Lisa A. Reilly

Associate
Insurance Law

Philadelphia
Phone: 215-587-1143
Fax: 215-587-1444

lreilly@postschell.com

Related Practices

  • Bad Faith and Extra-Contractual Litigation
  • Complex Insurance Coverage Advice and Litigation
  • Construction Defect/Injury Insurance Coverage
  • Insurance Fraud and Arson
  • Insurance Law
  • Reinsurance

Representative Matters & Results

  • Obtained judgment barring recovery under a disability policy based on the fortuity/known loss doctrine, where the policy was incontestable and lacked first manifest language.
  • Obtained judgment following trial and successful appeal in favor of insurer under an ERISA disability plan, where the insured—a healthcare professional—claimed total disability based upon addiction to controlled substances.
  • Secured summary judgment in favor of life insurance company in bad faith litigation relating to policy termination and failure to make premium payments.
  • Obtained judgment rescinding disability policy based on insured’s misrepresentation on policy application and the known loss doctrine.
  • Obtained summary judgment in favor of medical health plan based upon exclusion for coverage under plan language.
  • Successfully established that ERISA governmental plan exception did not apply to medical health plan affiliated with state university.
  • Secured dismissal of state law contract and bad faith claims based on applicability of ERISA to employee’s policy.

Insights

News Media & Articles

Steven J. Schildt and Anthony L. Miscioscia Appointed as Co- Chairs of Post & Schell's Insurance Law Department

Anthony L. Miscioscia and Celestine Montague Join Post & Schell as Principals in the Firm's Insurance Law Department

The Pennsylvania Defense Institute Honors Post & Schell as "Defense Firm of the Year" at its Annual Conference on July 15

Steven Schildt Elected as Fellow in the American College of Coverage Counsel

Jack Sullivan and Steven Schildt Appointed Chair and Vice-Chair of Post & Schell's Insurance Law Department

Thirty-Five Post & Schell Attorneys Recognized in 2019 Edition of Best Lawyers in America

Post & Schell Announces New Board Member and Chairs of Insurance Law, Appellate and Business Law & Litigation Departments

Post & Schell Elects Three New Principals in Harrisburg, Philadelphia and Pittsburgh Offices

Jeff Brenner Provides Analysis of Sixth Circuit Decision and Impact on Benefits Claims Under ERISA for DRI's The Voice

Jeff Brenner Co-Authors Article on Supreme Court's ERISA/Church Plan Decision for DRI's ERISA Report

 

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