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Elise Klein

Partner, Lewis Brisbois Bisgaard & Smith LLP

Practice Areas
Insurance Coverage and Bad Faith
Life, Health, Disability and ERISA
Class Action and Mass Tort

AREAS OF PRACTICE

Elise Klein serves as Chair of the life, health, disability & ERISA department. She has more than twenty years of experience in insurance and health insurance law. Ms. Klein primarily handles the following types of matters:

  • Health insurance
    • Health care service plans
    • PPOs
    • Coverage
    • Rescission
    • Fraud
    • Collections
    • ERISA
    • COBRA
    • Cal-COBRA
    • Medicare
    • Medi-Cal (California Medicaid)
  • Property and casualty insurance
    • Coverage
    • Coverage litigation
    • "Bad faith" litigation
    • Policy drafting

LECTURES

  • Speaker, American Conference Institute Premier Forum on Defending and Managing ERISA Litigation, October, 2009

PUBLICATIONS

  • Author, Challenges and Strategies for Keeping Up-to- Date on Recent Developments in Health Care Law, Aspatore Books, 2009

LEGAL EXPERIENCE

Representative cases include:

  • Israel-Curley v. California Fair Plan (2005) 126 Cal.App.4th 123 [participation in class action settlement barred suit seeking additional recovery for Northridge earthquake insurance benefits; class counsel represented all class members]
  • California Fair Plan Assn. v. Superior Court (2004) 115 Cal.App.4th 158 [claim properly denied when insured refuses to appear for examination under oath; case dismissed following writ petition]
  • Main Fiber Products, Inc. v. Morgan & Franz Ins. Agency (1999) 73 Cal.App.4th 1130 [failure to challenge by writ an adverse determination of a good faith settlement motion precludes later appeal challenging determination]
  • Charnaux v. Health Net (N.D. Cal. 2004) 2004 WL 2645976 [health care service plan properly refused to reinstate terminated Cal-COBRA member who failed to pay premiums timely]
  • Bank of America Nat. Trust and Sav. Ass'n v. Allstate Ins. Co. (C.D. Cal. 1999) 29 F.Supp.2d 1129 [manner in which check made proper and unambiguous; delivery of check to one payee proper]

EDUCATION

  • Hastings College of the Law, Juris Doctor, 1983
  • Pomona College, Bachelor of Arts, 1980 

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