Charles J. Vinicombe is a partner in the firm's Life Insurance & Annuities Group.
Practice Areas. Charles' practice includes the representation of clients in insurance litigation. He represents insurance companies in a wide range of matters including, for example, the prosecution and defense of claims arising out of stranger originated life insurance (STOLI) transactions, defense of complex coverage actions, claims handling practices and insurance marketing practices. Charles' practice also includes the representation of clients in complex commercial litigation.
Representative matters that Charles has handled include:
· Establishing the right of life insurers to make post-contestable challenges based upon lack of insurable interest under Delaware law, as reported in The Lincoln National Life Insurance Co. v. Joseph Schlanger 2006 Insurance Trust, 28 A. 3d 436(Del. 2011).
· The reversal on appeal of a summary judgment order compelling an insurer to refund $5 million in premiums on STOLI policies, as reported in Wuliger v. Manufacturers Life Ins. Co., 567 F.3d 787 (6th Cir. 2009).
· The successful defense on summary judgment of a receiver's claim seeking to obtain a premium refund on a STOLI policy, as reported in Wuliger v. Reassure Am. Life Ins. Co., 2011 U.S. Dist. LEXIS 19391 (N.D. Ohio 2011).
· The denial of numerous motions seeking to dismiss STOLI and/or misrepresentation claims by insurance companies, including as reported in Lincoln Nat'l Life Ins. Co. v. Snyder, 722 F. Supp. 2d 546 (D. Del. 2010), Lincoln Nat'l Life Ins. Co. v. Calhoun, 596 F. Supp. 2d 882 (D.N.J. 2009) and Lincoln Nat'l Life Ins. Co. v. Wilmington Trust Co., 616 F. Supp. 2d 210 (D.R.I. 2009).
· The successful defense on summary judgment of a $40 million RICO claim against a life insurance and annuity company, as reported in Luzerne County Ret. Bd. v. Makowski, 627 F. Supp. 2d 506 (M.D. Pa. 2007).
· The successful defense on summary judgment of a $10 million title insurance claim against a reinsurance company, as reported in RTC Mort. Trust 1994 N-1 v. Fidelity Nat'l Title Ins. Co., 58 F. Supp. 2d 503 (D.N.J. 1999).
· The successful defense on appeal of the lien rights of a workers compensation insurance company, as reported in Ohio Cas. Group v. Owens, 392 S.E.2d 647 (N.C. App. 1990).
· The successful resolution of a lawsuit involving environmental claims against an insurance company in connection with over 100 waste sites located in 25 states.
· The successful resolution of consumer class action claims in excess of $50 million against a bank.
· The successful defense through appeal of a lender liability claim against a financial institution.
· The successful defense through appeal of a $500 million claim against an investment company as reported in Nemelka v. Questor Management Co., LLC. 36 N.Y.S. 2d 598 (2007) and Nightwatch Capital Group v. Questor Management Co., LLC, 2011 Mich. App LEXIS (2011).
· The successful defense on summary judgment of a $100 million environmental contract dispute for a defendant industrial seller.
· The successful resolution during trial of a $60 million claim for breach of a partnership agreement.
· The successful trial defense of a $5 million claim for breach of a distributorship agreement against a manufacturer.
Bar Memberships. Charles is licensed to practice law in New Jersey and is frequently admitted pro hac vice to represent clients in state and federal courts throughout the country. Charles is a member of the Litigation Section of the American Bar Association and the New Jersey Bar Association.
In General. Charles received his law degree, magna cum laude, from Wake Forest University Law School, where he was the highest ranked scholar in his graduating class and served as articles editor of the law review. He received his undergraduate degree, summa cum laude, from Seton Hall University. Charles has served as an adjunct professor, teaching a course on New Jersey practice at Seton Hall University Law School. Charles has been active in civic organizations, including the Jaycees, and formerly served as a board director for the Arbor Glen continuing care retirement community.
Publications
9/3/2007, The Insurance Class Action Reporter
Charles Vinicombe
1/24/2007, The Insurance Class Action Reporter
Charles Vinicombe, Timothy O'Driscoll
7/27/2006, The Insurance Class Action Reporter
Charles Vinicombe
1/26/2006, The Insurance Class Action Reporter
Charles Vinicombe
8/1/1999, Title Reinsurer Not Liable for Negligent Title Search
Charles Vinicombe
Speaking Engagements
12/5/2011, Perrin Conferences
"Anticipating Tomorrow: A Symposium on Emerging Legal Issues in Life Insurance"
Stephen Baker, Jason Gosselin, Stephen Harris, Andrew Lorin, Michael Miller,Nolan Tully, Nicole Wixted, Charles Vinicombe, Philadelphia, PA
10/4/2010, International Claim Association Conference
Charles Vinicombe, Austin, TX
8/4/2010, Legal, Regulatory and Business Challenges of Stranger-Originated Life Insurance Transactions
Charles Vinicombe, Jason Gosselin, Chicago, IL
5/4/2010, Recent Legal and Regulatory Developments in Stranger-Originated Life Insurance (STOLI) Transactions
Charles Vinicombe, Scottsdale, AZ
3/2/2010, M Financial Group 2010 National Advisors Conference
"Insurable Interest: Considerations for Clients, Advisors and Regulators"
Charles Vinicombe, Jason Gosselin, Aventura, FL
11/9/2009, CLE Seminar
"The Secondary Market Academy"
Stephen Baker, Michael Miller, Charles Vinicombe, James Bainbridge, Blue Bell, PA
11/4/2009, CLE Seminar
"The Secondary Market Academy"
Charles Vinicombe, Hartford, CT
10/1/2009, Life Insurance Settlement Association's Compliance Conference
"Recent Stranger Originated Life Insurance Decisions"
Charles Vinicombe, Orlando, FL
9/23/2009, CLE Seminar
"The Secondary Market Academy"
Charles Vinicombe, Newport Beach, CA
9/17/2009, "A Tale Of Three Cities: Recent STOLI Decisions"
Charles Vinicombe, Boston, MA
1/19/2008, Winter Meeting of the American Society of Heating, Refrigerating and Air Conditioning Engineers
"Reaching New Heights in Net Zero Energy Design"
Charles Vinicombe, New York, NY
(Also at Princeton, New Jersey Office)