Life, Health, Disability & ERISA Litigation

Our Life, Health, Disability & ERISA Litigation Practice Group is headed by founding partner, Emilia A. Quesada, who chairs the firm’s Insurance Practice Group. SMGQ is well positioned to advise on and defend life insurance, health insurance, disability insurance, annuity and ERISA claims, as well as fiduciary breach issues. We defend clients in all aspects of litigation and arbitration proceedings, and our knowledge encompasses both group and individual plans, self-funded plans, HIPAA issues, agent claims, vicarious liability matters, interpleaders, structured settlement disputes, and benefits litigation, as well as reinsurance issues, to name a few. We also have experience representing annuity issuers and their registered representatives. Additionally, we are experienced in issues arising out of the business practices of the healthcare industry including hospital participation agreements, commercial, Medicare and Medicaid contracts, hospital networks, urgent care center claims, bundling, unbundling, downcoding, falsified claims, overpayment and underpayment issues, emergency room claims, in and out of network claims, and managed care litigation. Our proven knowledge extends to most aspects of our clients' insurance and managed care business, including advising on coverage and rescission issues, working closely with our clients to advise on high-profile or sensitive claims, appeals and grievances. We have substantial experience defending and representing insurers and plans in provider disputes and consumer claims, and represent insurers and plans which have been called upon to respond to document subpoenas issued by litigants or third parties in all actions.

Our ERISA benefits litigation team defends clients in complex matters alleging breaches of fiduciary duties and litigation related to health, welfare, and disability benefits. We represent clients across many industries, including financial services and insurance. Whether counseling clients as to fiduciary obligations, arguing ERISA applicability or the ERISA standard of review, defending against overbearing discovery requests or claims alleging fiduciary breach, we defend insurers, employers, employee benefit plans, sponsors and fiduciaries in confronting the ever-expanding issues and claims they face. At SMGQ, our firm’s specialized ERISA litigation focus enables our team to successfully represent and counsel clients on the key ERISA issues and litigation trends confronting some of the largest companies in the world.