Richard N. Bien
T. (816) 460-5520


Additional Information
Department Members
Representative Experience
Representative Clients
Related Publications


Print Page Email Page
Insurance, Benefits & ERISA Defense

We have an established and active practice in providing insurance industry and employee benefit legal services. In addition to generally providing a broad variety of legal services to the insurance industry and its many constituents, we have developed a special expertise in defending claims for life, health and disability and accidental death benefits governed by either ERISA or state law. We handle these matters for both group and individual plans and policies. For recent examples of our success in insurance/ERISA litigation, visit www.beentherewonthat.com.

Among our areas of experience:

CLAIM DEFENSE
We have represented and represent insurers, third party plan administrators, employers, managing general underwriters, managing general agents, reinsurers, quota share participants, agents and brokers.  In representing such entities, we have handled claim defense, claim litigation, management of claim decision making on individual, true group, association group, MET, stop loss and employer-provided group plans and policies.  Our claim defense practice includes defense of claims under ERISA and state law. In addition to claim defense, we have been retained to review claim handling practices for compliance with both state and federal laws.  We have also represented carriers in inter carrier litigation and arbitration regarding group insurance products and reinsurance treaties. We also have substantial experience in stop loss insurance.

MARKET PRACTICES/AGENT DISPUTES
In addition to typical benefit or other claim defense matters, we also regularly handle matters involving product marketing disputes (including alleged churning and insurance marketing practice claims), class action defense (regarding both product and marketing disputes), agent and broker practices, market conduct investigations and agent disputes (including commission disputes, expiration rights, covenants not to compete, agent terminations and typical agent employment related claims).

EMPLOYEE BENEFIT SERVICES
ERISA, COBRA, OWBA. We provide counsel to plans, plan administrators, employers, consultants, brokers, agents, MGAs, MGUs and others concerning the creation and administration of the full range of pension and welfare benefit plans.  As counsel to plan sponsors and fiduciaries, our attorneys author and amend plans, design executive and broad-based compensation strategies, assist in regulatory compliance and advise clients in maintaining all types of qualified and non-qualified, insured and uninsured, group and individual, retirement and fringe benefit programs. 

REGULATORY, LEGISLATIVE AND BUSINESS MATTERS
In addition to litigation services, we provide a full range of legal and consulting services for legislative and regulatory matters, antitrust issues, financial and market conduct examinations, development, vetting and filing of insurance and investment products, formation of new companies, mergers, acquisitions, joint ventures and strategic alliances, holding company issues, admissions, insolvencies, rehabilitations, taxation of insurance company operations and products and representation involving state insurance guaranty funds.







Attorney Advertising. Past results do not guarantee future results. Every case is different and should be judged on its own merits. The choice of a lawyer is an important decision and should not be based solely on advertisements.

Lathrop & Gage LLP, 2345 Grand Boulevard, Kansas City, Missouri 64108