We have achieved successful results for clients at every phase of the litigation process in both trial and appellate courts, including obtaining dismissals of class action and other complaints, defeating class certification, winning summary judgment motions, prevailing at trial or on appeal, and obtaining highly favorable settlements.
We have significant experience in handling internal investigations and in dealing with insurance regulators, including assisting clients with investigations by Congressional committees and state attorneys general.
We also have significant experience in handling complex reinsurance arbitrations, representing or being adverse to some of the largest companies in the world.
We are well known for:
- Significant and repeated representation of several of the world’s largest insurance companies, including United HealthCare, Farmers Insurance, AIG, Genworth Financial, The Hartford, and Prudential, in bet-the-company litigations involving a wide variety of issues.
- Defense of dozens of nationwide and statewide class actions involving:
- policy time limitations;
- Medicare Secondary Payor Act issues;
- “usual, customary and reasonable” (UCR) issues;
- “vanishing premiums”;
- modal premium rates;
- long-term care insurance rate increases;
- deceptive and unfair trade practices; and
- ERISA violations.
- Our successful representation as lead counsel of United HealthCare in In Re Managed Care Multidistrict Litigation – one of the largest insurance disputes ever, with billions of dollars at stake.
- Representing insurance companies in proceedings before the House Committee on Commerce, the Senate Finance Committee and instituted by various state attorneys general.
- Negotiating some of the most creative and favorable settlements of complex nationwide matters.
- Defense and prosecution of several major reinsurance arbitrations, including matters for and against Gen Re, Scottish Re, ManuLife, and many others.
- Our extensive experience with Special Committee and SEC investigations, including several internal investigations of major companies involving complex reinsurance arrangements.
Weil represents Farmers Insurance and various affiliates in In re Auto Body Shop Antitrust Litigation, a multidistrict litigation (MDL) in Florida federal court comprising dozens of cases across the country brought by auto repair shops, alleging that Farmers and dozens of other insurers artificially suppress reimbursement rates for auto body repairs, in violation of antitrust, RICO, and other statutes. Recently, Weil won the dismissal with prejudice of all claims in the lead case of the MDL. The Court’s decision marks the third consecutive time that Farmers and the other defendants have prevailed on a motion to dismiss for failure to state a claim in the lead case, and suggests that the remaining cases in the MDL may suffer a similar fate. Subsequently, in November 2015, Weil won a significant victory for Farmers Insurance and its affiliates in another component of the MDL, when a Florida federal court granted the dismissal of all claims in a nationwide putative RICO class action relating to reimbursement for auto collision repairs. In the putative RICO class action, plaintiffs – operators of auto collision repair shops in Pennsylvania and North Carolina – allege that Farmers and more than seventy other insurers conspired with each other and other entities to artificially suppress the compensation to repair shops such as plaintiffs’ for auto collision repairs, in violation of the federal RICO statute and state laws.
Weil also defended Genworth in two nationwide insurance class actions in New Mexico state court asserting claims for breach of contract, failure to disclose and violations of state unfair and deceptive trade practices statutes.
Also on behalf of Conseco, Weil was the first firm in the U.S. to successfully defeat class certification in a “modal premium” class action, where plaintiff sought certification of a nationwide class of over 400,000 policyholders, alleging damages in excess of $600 million.
- We have represented UnitedHealth Group (UHG) and its affiliates (collectively, United) in a number of actions challenging the out-of-network (OON) reimbursement practices of various United entities as well as the licensing of a database by a UnitedHealth Group subsidiary (Ingenix, Inc.) to most major health care insurers. In one of the largest insurance class action MDL’s in history, captioned In re Managed Care Litigation, Weil won a number of significant victories. In the subscriber track, we defeated class certification, while in the provider track, we obtained summary judgment on RICO, fraud and contract claims where plaintiffs sought nearly a billion dollars. Other major carriers settled, but United prevailed in a strategy led by a coordinated effort of our New York and Miami offices. In 2010, we were able to settle the claims of United health plan members challenging their OON reimbursements.
- We also represented United and Ingenix in two MDLs involving claims by putative class members in health benefit plans insured or administered by Aetna and Wellpoint.
- In 2015, Weil obtained the dismissal with prejudice of all claims against long-time clients UnitedHealth Group and Ingenix in In re Aetna (MDL 2020), an MDL pending in New Jersey federal court in which plaintiffs alleged that Aetna, UnitedHealth, and Ingenix conspired with all major health insurers in the U.S. to manipulate a database that the insurers used to determine health benefit payments for plan members and their physicians. In its opinion, the court accepted many of Weil’s arguments to dismiss plaintiffs’ claims asserted against United and Ingenix, while allowing the case to proceed against Aetna under ERISA. This case is the last in a series class actions filed in various courts against several of the nation’s largest insurers, including UnitedHealth, Aetna, Wellpoint, and Cigna.
- Finally, Weil successfully represented UnitedHealth in In re Wellpoint, MDL 2074 (C.D. Cal.), in which plaintiffs claimed that UnitedHealth and Ingenix conspired with WellPoint to under-reimburse WellPoint health plan members for OON services using the Ingenix databases. In 2012, the Court granted our motion to dismiss all claims, including those brought under the Sherman Act, RICO Act, and California’s Cartwright Act.
- Finally, we represented UnitedHealth Group and Ingenix in a purported class action by members of Cigna health plans (Nelson v. Cigna, consolidated with Franco v. Cigna). Like In re Aetna and In re WellPoint, this case involves claims that UHG and Ingenix conspired with Cigna to under-reimburse Cigna health plan members for OON services using the Ingenix databases. We obtained the dismissal of the federal claims and most of the state claims brought against UHG and Ingenix in September 2011 on a motion to dismiss. We thereafter obtained the dismissal of the remaining state claims in January 2012 on a motion for judgment on the pleadings.
Attorneys in Weil's Insurance Litigation Practice
In its 2016 rankings, the U.S. News & World Report/Best Lawyers “Best Law Firms” survey recognized Weil as a leading insurance practice nationwide and in New York.