Pohls & Associates is a California law firm that was established in 1999 to represent life, health, disability and long term care insurers in bad faith, ERISA and other forms of complex litigation.

 

Nationally-recognized for a distinctive ability to achieve favorable outcomes in disputes that involve challenging facts and/or novel legal questions, our attorneys have been helping to shape California law for more than 20 years.  However, we also have developed an innovative business model that enables us to consistently deliver legal services of the highest quality on terms our competitors cannot (or will not) offer.

 

Please use these links to learn more about our firm and its capabilities. 

 

 

  ♦  Rob Pohls to Deliver Nationwide Caselaw Update on Life Insurance Litigation at the ICA’s 99th Annual Meeting

 

Since its founding in 1909, the International Claim Association has been at the forefront of a broad range of life,

health and disability claim issues.  It strives to keep its members informed through a variety of research, training,

education and communications programs that are relevant to the day-to-day operation of claim departments. 

 

The ICA will hold its 99th Annual Meeting in Palm Desert, California from September 21-24, 2008.  In anticipation of
that event, it recently invited Rob Pohls to deliver a nationwide caselaw update regarding life insurance litigation. 

For more information, visit the ICA’s Annual Meeting webpage at:  http://www.claim.org/annual/index.shtml.

 

♦  ALI-ABA to Republish Firm’s Article on Litigating Subjective Disability Claims in The Practical Lawyer

 

In connection with a program at the American Bar Association’s 2007 Annual Meeting which was entitled “The

Anatomy of a Bad Faith Case,” Rob Pohls and Stacey Leask prepared a paper on Litigating Subject Disability

Claims that was based on a work Rob Pohls had originally presented at the American Conference Institute’s 4^th

National Advanced Forum on Litigating Disability Claims.  The American Law Institute and American Bar Association

(or “ALI-ABA”) have since announced plans to republish that article -- now entitled “What Every Attorney Should

Know About Disability Income Insurance Cases Involving Self-Reported Conditions” – in the May 2008 edition of

The Practical Lawyer Magazine.

 

♦  Pohls & Associates Wins MSJ in Eastern District Case Involving Alleged Bad Faith Delay in Paying Life Proceeds

 

The U.S. District Court in and for the Eastern District of California recently granted summary judgment in a bad faith case involving a delay in the payment of life insurance proceeds.  In that motion, Rob Pohls successfully argued that notice of the insured’s death did not give the insurer a duty to investigate because the beneficiary could not make a claim for benefits until a legal representative had been appointed for the insured’s estate.  He also successfully argued that, since the spouse’s possible role in the insured’s homicide raised a legitimate question about her capacity to act as the executrix, any delay attributable to the claims person’s need to consult the law department was reasonable (and therefore not bad faith).  For more information, contact Rob Pohls at:  rpohls@califehealth.com.

 

♦  Rob Pohls Chairs Successful Program on The Anatomy of a Bad Faith Case at the ABA’s 2007 Annual Meeting

 

As part of the ABA’s 2007 Annual Meeting in San Francisco, the Health & Disability Insurance Law Committee of the American Bar Association’s Tort Trial & Insurance Practice Section presented a program entitled “The Anatomy of a Bad Faith Case.”  Unlike traditional programs, the event did not include a series of speeches or panel discussions.  Instead, Rob Pohls (who acted as Program Chair) assembled teams plaintiff and defense attorneys from around the country to “act out” various stages of a bad faith case involving a hypothetical disability income insurance claim.

 

The three-hour program included:  Bob Scott’s comments on Client Selection and Lawyer Selection; Doug de Vries and Forrest Latta arguing a  Motion to Remand before Gloria Leal; Rebecca Grey and Stephen Prignano arguing a Motion to Compel before U.S. Magistrate Judge Edward Chen; Bonnie Rafel and James Fleming arguing a Motion for Summary Judgment before U.S. Magistrate Judge Edward Chen; Steven Parsons (with Grant Woodruff) and Mayra Scheuerman (with Dan Wright) participating in a Mediation conducted by the Hon. William Cahill (Ret.); and Closing Arguments by Bob Scott and Doug Butler.

 

Given the favorable feedback provided by the near-capacity crowd in attendance for the program, Lorman Seminars recently asked Rob Pohls for permission to use the hypothetical fact pattern and other materials he developed as part of a similar presentation it will make later this year.

 

♦  Rob Pohls Earns Highest Rating (10.0 / Superb) from Avvo.com

 

Rob Pohls recently achieved the highest rating (10.0 / Superb) that is available from Avvo, a website that uses a mathematical formula to rate and profile every lawyer on the basis of objective information about the lawyer’s background, experience and recognition. 

 

According to Avvo’s website, Mr. Pohls’ rating is based upon data that may have come from “various sources, including public records (such as the state bar associations, regulatory agencies, and court records), published sources on the Internet (including lawyers' websites), and information that lawyers choose to supply to Avvo.  This information is then considered and weighted by our mathematical model to arrive at a numerical ratings from 1 – 10 or, if we only have licensing records for an attorney, ratings of ‘Attention’ or ‘No Concern.’  The Avvo Rating takes into account factors that we believe are relevant to an assessment of a lawyer's qualifications, including the attorney's experience, professional achievements, and disciplinary sanctions.”

 

♦  Bay Area Council Invites Rob Pohls to Join Private Audience for Governor’s Comments on Health Care Reform

 

On July 12, 2007, Governor Schwarzenegger traveled to San Ramon, California to outline the parameters of a health care reform proposal which, unlike those already being debated publicly, would not require that employers shoulder the health care burden alone.  The Governor’s proposal instead would require that government, individuals, insurers, providers—and employers—all share responsibility for reducing health care costs, holding the line against skyrocketing premiums, and creating a healthier and more productive workforce. 

 

As a local business leader who also is a former Chair of the American Bar Association’s Health & Disability Insurance Law Committee, Rob Pohls was invited by the Bay Area Council to join a private audience for Governor Schwarzenegger’s comments.  The Bay Area Council is a business-sponsored, public-policy advocacy organization that proactively advocates for a strong economy, a vital business environment, and a better quality of life for the nine-county San Francisco Bay Area. 

 

♦  Pohls & Associates Joins San Ramon Chamber of Commerce

 

Having relocated its main office to the City of San Ramon in October 2005, Pohls & Associates recently formalized its role in the local business community by joining the San Ramon Chamber of Commerce.

 

For almost 25 years, the San Ramon Chamber of Commerce has promoted the quality of life in and economic vitality of the San Ramon Valley by providing local businesses and community interests with opportunities to share advice, political representation and customer introductions. 

 

♦  Rob Pohls Selected to Chair Health & Disability Insurance Law Committee’s Program at ABA’s 2007 Annual Meeting

 

The Health & Disability Insurance Law Committee of the American Bar Association’s Tort Trial & Insurance Practice Section has selected Rob Pohls to chair its program at the 2007 Annual Meeting in San Francisco.  Rob is a former Chair of the Health & Disability Insurance Law Committee (serving from 2001-2002) and has twice before acted as its Program Chair:  first as its Midwinter Meeting program (in January 1999), then as its Annual Meeting program (in August 1999).

 

The working model for the program is entitled “The Anatomy of a Bad Faith Case” and involves a series of mock proceedings which will illustrate how emerging issues in the field of disability insurance arise and are resolved in the context of a hypothetical bad faith case.

 

♦  After 3-Week Trial, Rob Pohls and Stacey Leask Win Defense Verdict in Wrongful Termination Case

 

After a three-week trial, Rob Pohls and Stacey Leask a won a defense verdict on behalf of a corporation which had been sued by its former President for wrongful termination.  Mr. Pohls and Ms. Leask proved that the plaintiff had been properly terminated for willfully breaching his duties under a contract which provided for a 20-year employment term.  The Court also found the plaintiff had stolen from the corporation and entered a judgment requiring that he pay more than $40,000 in damages for his corresponding breach of fiduciary duties. 

 

The parties had entered into a written agreement which, among other things, provided that the corporation would employ the plaintiff as its President for twenty years.  However, the agreement also provided that the plaintiff’s continued employment was contingent upon his giving his “best efforts” to the corporation’s business and “satisfactorily performing” his duties as its President.  In addition, the agreement allowed the corporation to terminate the plaintiff’s employment if he willfully breached any of the duties it imposed.

 

During trial, the defense offered evidence that the plaintiff was frequently absent from work and did nothing with respect to the several priority items he had identified when his employment began.  They also presented evidence that the corporation had suffered its first-ever operating loss during the 12 months that plaintiff served as its President and that its shareholders’ equity dropped more than 25 percent during that same time.

 

The defense introduced other evidence to show that plaintiff had willfully breached his duties by, among other things:  delegating his managerial responsibilities without authority to do so; taking early bonuses and other compensation not authorized by the agreement; causing the corporation to take out substantial loans; and refusing to preside over a shareholders meeting.  The evidence at trial further established that plaintiff had improperly caused the corporation to pay a number of his personal expenses for items such as:  landscaping and swimming pool repairs for his home; a ceiling fan; a pet door; golf lessons; a cell phone for his wife; insurance for his family’s cars; and his personal accountant’s bills.  The defense also proved that the plaintiff had concealed those transactions by withholding basic financial information from the corporation’s directors and majority shareholders and, on at least one occasion, instructing a vendor to falsify an invoice. 

 

In its Statement of Decision, the Court described the plaintiff’s many acts of self-dealing as “stealing and embezzlement, pure and simple.”  It also found that those acts both justified his termination and constituted a breach of his fiduciary duties to the corporation.  The Court therefore rejected the plaintiff’s demand for $6 million in damages, entered a judgment against him in the amount of $42,969.75, and directed the defense to file a motion to recover its attorneys’ fees.

 

Based upon the results of its annual survey of Fortune 500 law departments, American Lawyer Media (publisher of Corporate Counsel) recently named Pohls & Associates a “Go-To Firm” for Litigation in 2008.  The honor is bestowed on fewer than half of one percent of all American law firms.  Learn more at:  www.corpcounsel.com/guide.

Robert R. Pohls

Founder and Principal

 

Direct Dial:  (925) 973-0300, ext. 1

E-mail:  rpohls@califehealth.com

 

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