Klein, Elise D. - Lewis Brisbois Bisgaard & Smith LLP

Email: Elise.Klein@lewisbrisbois.com
Phone: 213.680.5153
Fax: 213.250.7900

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

Related Legal Alerts

October 25, 2016 California Insurance Code Does Not Trump Choice of Law Provision in ERISA Benefit Plans
June 11, 2013 Employers Must Give Employees Notice of Health Insurance Exchanges by October 1, 2013

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

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; now on appeal]
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]