Adrienne Publicover is the founder and innovator behind the firm's Life, Health, Disability & ERISA practice, an area she has focused on throughout her more than 20-year career. She serves as chair of the practice, which includes more than 60 attorneys across the firm, and is a member of Wilson Elser's Executive Committee. Adrienne handles complex first-party LHDE matters, analysis, litigation and transactional matters, and her practice has evolved to include additional first- and third-party general liability coverage and litigation work. Increasingly, Adrienne is taking her skills to the London Market, a complex system of syndicates that offers a deep concentration of specialist underwriting experience.
A regular lecturer on life, health and disability insurance topics, Adrienne has been a featured speaker at numerous industry events. She is a member of the Association of Life Insurance Counsel, the Tort and Insurance Practice Section of the American Bar Association, and the Life, Health, Disability & ERISA Committee of the DRI: The Voice of the Defense Bar. Adrienne previously served as a vice chair for the ABA/TIPS Health and Disability Insurance Committee and was editor of its newsletter. She currently is active on the ABA/TIPS Life Insurance Committee.
Areas of Focus
Life, Health, Disability & ERISA
As issues concerning life, health, disability and ERISA have continued to evolve and the products and players in the industry have become more sophisticated, Adrienne continually adapts her practice to meet client needs. She represents life, health and disability insurers in litigation matters throughout California and Texas in state and federal courts. She consults with and represents insurers in matters involving complex insurance coverage, litigation and transactional matters, including bad faith and punitive damages, ERISA, class actions, agent misconduct, employment matters, and other insurance claims and coverage issues. Adrienne has extensive motion, mediation and arbitration pre-trial and trial experience in state and federal courts and the Ninth Circuit. She also provides training to national insurance clients regarding California's Fair Claims Settlement Practices Regulations and other matters affecting life, health and disability insurers.
The London Market
Adrienne is growing a considerable practice catering to the London Market in insurance coverage, litigating rescission and declaratory relief actions, and some third-party defense work, primarily involving commercial general liability. Her reputation has become international in scope regarding her two decades of experience with first-party coverage and representation of insurers in analysis and litigation. As the London Market covers a great deal of non-commodity risk, it will likely continue to develop new offerings, which Adrienne sees as a great advantage in an increasingly “virtual” world.
In-House Roundtable: Counsel and Claims Professional Insights on New Emerging Issues in Disability Insurance Claims
January 22, 2015
American Conference Institute's 17th National Advance Forum on Litigating Disability Insurance Claims
Life Case Law Update: The Next Dimension
February 23-25, 2014
Eastern Claims Conference
In-House Roundtable: Counsel and Claims Professional Insights on New & Emerging Issues in Disability Insurance Claims
January 23, 2014
American Conference Institute 16th National Advanced Forum on Litigating Disability Insurance Claims
Litigating Disability Claims, ACI Conference, 2012
Life Insurance Case Law Update, DRI Life, Health, Disability & ERISA Conference, 2012
Life Insurance Case Law Update, Eastern Claims Conference, 2012
Fair Claims Settlement Practices Regulations training, London Market Association, 2012
Life Insurance Case Law Update, Eastern Claims Conference, 2011
Life Insurance Case Law Update, Western Claims Conference, 2011
ACI ERISA Litigation Conference, 2011
Fair Claims Settlement Practices and Anti-Fraud Regulations, various clients training, 2011
Fair Claims Settlement Practices Regulations, London Market Association, 2011
Life Insurance Case Law Update, Eastern Claims Conference, 2010
Life Insurance Case Law Update, Western Claims Conference, 2010
Fair Claims Settlement Practices and Anti-Fraud Regulations, various clients training, 2010
“Life Insurance Case Law Update,” Western Claims Conference, June 2010, June 2009.
“Life Insurance Case Law Update,” Eastern Claims Conference, March 2010, March 2009.
“Contestable Claims Investigations,” Western Claims Conference, June 2008.
“Recent Developments in Life and Disability Law,” Principal Financial, March 2008.
“Contestable Claims Investigations,” Eastern Claims Conference, February 2008.
“Whats New in Life Claims Case Law?,” Western Claims Conference, June 2007.
“Whats New in Life Claims Case Law?,” Eastern Claims Conference, February 2007.
“Beyond All Limits: ECO/XPL and How it Impacts Primary, Excess and Reinsurance Contracts,” PLUS, November 2007.
AIG/American General 2007 Law Conference, San Antonio, TX, April 2006.
In-house training, The Principal Financial Group, Des Moines, IA, May 2006.
Western Claims Conference, Indian Wells, CA, June 2006.
ABA/TIPS, Midwinter Meeting, Phoenix, AZ, January 2005.
Eastern Claims Conference, New York, NY, February 2005.
AIG/American General 2005 Law Conference, South Shore Harbor, TX, March 2005.
Western Claims Conference, Indian Wells, CA, June 2005.
Eastern Claims Conference, New York, NY, March 2004.
DRI Life, Health, Disability and ERISA Claims Seminar, Washington, DC, April 2004.
“California Fair Claims Settlement Practices,” training for various clients, 2004, 2005, 2006.
Business Insurance Quotes Adrienne Publicover on Open Enrollment and Health Care Reform Compliance
October 26, 2014
Law360 Features Adrienne Publicover in its Female Powerbrokers Q&A
January 10, 2014
Law360 Publishes Article on CA Case that Could Greatly Impact Insurance Companies
June 5, 2013
Adrienne Publicover Co-chairs Fundraiser for CHILDREN AT RISK Featuring Headliner Jay Leno
February 1, 2012
Adrienne Publicover is co-chairing the CHILDREN AT RISK Gala featuring comedian Jay Leno.
Wilson Elser Holds Cal Regs Seminars that Captivate Audience of 300
November 10, 2011 Adrienne Publicover, Michelle Press and William Enger, in conjunction with the LMA, hosted two California Claims Handling Seminars in Lloyd's Old Library.
Wilson Elser Wins ERISA Case in Appellate Court, Third Circuit
September 20, 2011
The appellate court vacated the district court's ruling that the defendant, a global insurance company acting as a third-party administrator of company's long-term disability plan (under ERISA), arbitrarily and capriciously denied long-term disability benefits to the plaintiff.
Wilson Elsers Life, Health, Disability and ERISA Practice Featured in Lawyer Monthly
August 16, 2011 Wilson Elsers Life, Health, Disability and ERISA practice was featured in the May 2011 issue of Lawyer Monthly.
Adrienne C. Publicover to give update on life insurance law at Western Claim Conference in June in California
April 22, 2009 Adrienne C. Publicover (Partner-San Francisco) will be a speaker at the Western Claim Conference to be conducted in Indian Wells, CA, on June 14-16. She will give a talk entitled Life Insurance Case Law Update-the Issues and Trends.
Balancing Employee Privacy with Protection of Company Assets
New York Law Journal
March 2, 2015
FCC Proposes $10 Million Forfeiture for Privacy Violations
FCC Proposes $10 Million Forfeiture for Privacy Violations
October 30, 2014
With the proposed imposition of a $10 million forfeiture penalty, the FCC becomes the latest governmental agency to actively levy penalties against entities that fail to adequately secure consumer data and fail to adhere to their own privacy policies. It is clear that the FCC is interested in becoming more active in the protection of consumer privacy.
Florida Federal Judge Approves Settlement Agreement Providing Payments to All Victims of Data Breach, Even Those Who Suffered No Monetary Loss
Court Approves Settlement to All Victims of Data Breach
May 28, 2014
Florida Federal Judge Approves Settlement Agreement Providing Payments to All Victims of Data Breach, Even Those Who Suffered No Monetary Loss Businesses should remember that strong security programs continue to be the best defense against both data breaches and potential data breach class action lawsuits. It is imperative that businesses of all sizes implement a comprehensive data protection plan that safeguards personal information and includes continual training and education.
Eleventh Circuit Affirms Dismissal of Claim against Insurer for Indemnification or a Defense for a Privacy Claim under a Professional Liability Policy
Denial of Claim Not “First Made” During Policy Period
November 12, 2013
In a recent decision, the Eleventh Circuit relied on a condition precedent for coverage based on prior wrongful acts being first made against an insured during the policy period. The Court held that the insurer properly denied coverage because under the policy, all claims from the same wrongful act based upon the interference with one's rights of privacy or publicity are deemed to have been made on the same date, and the policy did not limit this broad language to only those acts committed by a single action.
Second Circuit Holds Insurer Has Duty to Defend but Not Indemnify, Due to Legal Uncertainty about Coverage at Time of Tender
Duty to Defend Due to Ambiguity in CGL Policy
July 2, 2013
An insurer was held to have a duty to defend, but not indemnify, trademark infringement claims under an “advertising injury” provision of a commercial general liability policy because of ambiguity in the policy.
Case Highlights Businesses Need for Proper Coverage Evaluation
July 2011 Several recent cases, including Gartner v. St. Paul and Marine Insurance Co., demonstrate that the analysis of insurance coverage for intellectual property claims under commercial general liability policies is a fact-intensive exercise based on the facts of a case, the language of the policy and the state in which the policy was delivered. A careful evaluation of potential exposures and policy language should be reviewed prior to an occurrence. (Also Houston, Texas Office)