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Elise D. Klein

Partner

Elise Klein is a partner in the Los Angeles office of Lewis Brisbois and Chair of the Life Health Disability & ERISA Practice. She has more than twenty years of experience in insurance and health insurance law.

Ms. Klein primarily handles the following types of matters:

  • Life, Health, Disability & ERISA
  • PPOs
  • Rescission
  • Fraud
  • Collections
  • COBRA
  • Cal-COBRA
  • Medicare
  • Medi-Cal (California Medicaid)
  • PPACA counseling
  • Interpleaders
  • Property and casualty insurance
  • Coverage litigation and disputes
  • “Bad faith” litigation
  • Policy drafting and procedure

Publications

  • Contributing author, Lexis Nexis Employee Benefits Guide
  • Author, Challenges and Strategies for Keeping Up-to-Date on Recent Developments in Health Care Law, Aspatore Books, 2009

Opinions

  • Stone v. UnitedHealthcare Ins. Co., 2019 U.S. Dist. LEXIS 63114 [no coverage for out of state, out of network care; on appeal to the Ninth Circuit]
  • Robert O. v. Harvard Pilgrim Health Care, Inc., 2019 U.S. Dist. LEXIS 125033 [no coverage for out of state, out of network care]
  • Jacqueline A. v. Motion Picture Indus. Health Plan, 785 Fed. Appx. 435 (9th Cir. 2019) [extensive behavioral health treatment not medically necessary]
  • Nathaniel W. v. United Behavioral Health, 2018 U.S. Dist. LEXIS 125464  [challenge to treatment denial time-barred]  
  • Kimberley D. v. United Healthcare Ins. Co., 2016 U.S. Dist. LEXIS 100406 [mental health treatment not medically necessary so not covered under ERISA Plan; aff’d 715 Fed. Appx. 735 (9th Cir. 2018)]
  • Lodi Mem. Hosp. Ass'n v. Tiger Lines, LLC, 2016 U.S. Dist. LEXIS 64400 [provider dispute against plan; motion to dismiss granted without prejudice]
  • ILWU-PMA Welfare Plan Bd. of Trs. v. Conn. Gen. Life Ins. Co., 2015 U.S. Dist. LEXIS 170832 [trustees of self-funded welfare plan and plan sued vendors alleging breach of fiduciary duty and breach of contract; motion to dismiss granted in part] 
  • Raquel F. v. United Healthcare Ins. Co., 2015 U.S. Dist. LEXIS 161167 [mental health parity case; plaintiff’s motion for summary judgment denied]
  • Lodi Mem. Hosp. Ass'n v. Tiger Lines, LLC,  2015 U.S. Dist. LEXIS 110495 [pleading case]
  • Hollinger v. Cal. Physicians' Serv. (C.D. Cal. 2012) 2012 U.S. Dist. LEXIS 175737 [no ERISA liability for entity which did not have authority to authorize or deny benefits]
  • Bernstein v. Health Net Life Ins. Co. (S.D. Cal. 2012) 2012 U.S. Dist. LEXIS 169817 [ERISA plaintiff could not state claim for negligent misrepresentation of promissory estoppel]
  • Deman v. Allied Administrators, Inc. (N.D. Cal. 2010) 2010 U.S. Dist. LEXIS 133797 [suit against pension plan dismissed]
  • Gravelle v. Health Net Life Ins. Co. (N.D. Cal. 2009) 2009 U.S. Dist. LEXIS 4929 [health insurance company entitled to dismissal of ERISA and common law claims when there was no ambiguity in contract]
  • 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]
  • 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]
  • Jackson v. Health Net Ins. Co., 2003 U.S. Dist. LEXIS 2750 [difficult case involving plaintiff on dialysis]
  • 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]
  • 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]

Professional Presentations

  • ACI Life, Health, Disability & ERISA 2009: “Parties to ERISA Litigation”
  • ACI Life, Health, Disability & ERISA 2010: “Avoiding ERISA Exposure”
  • ACI Managed Care 2011: “Medicare Advantage Plans”
  • ACI Life, Health, Disability & ERISA 2016: Anti-Assignment Provisions
  • ACI Life, Health, Disabilit & ERISA October 2016: Discretionary Clauses

Admissions

  • State Bar Admissions
    • California

Admissions

California

Education

Hastings College of the Law

Juris Doctor, 1983

Pomona College

Bachelor of Arts, 1980

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