James S. Bainbridge is an experienced trial lawyer in the Insurance Practice Group. His practice, national in scope, focuses on complex commercial and insurance matters, with a particular emphasis on financial services business litigation, risk management and risk transfer.
Insurance Litigation. James represents insurers in comprehensive commercial insurance coverage cases, in life and disability insurance coverage cases, in alleged fraud cases, in cases involving annuities, and in property and casualty cases. James also has experience in claims handling practices, in insurance marketing practices and in litigation arising from the secondary market for life insurance, which has been a particular area of concentration for James over the past several years.
Secondary Market for Life Insurance. James counsels insurers, reinsurers, general agents, escrow agents and broker dealers on the potential exposure from viaticals, life settlements, non-recourse premium financing and stranger-originated life insurance (STOLI). For example, James represents life insurers in litigation stemming from exposure to the secondary market for life insurance. For several clients, James is a leader on litigation teams that serve as the go-to lawyers for STOLI cases nationwide. He also advises a national financial services company on establishing escrow accounts for life settlement transactions.
Commercial Litigation. James has extensive experience handling a variety of traditional commercial matters for businesses and their owners, including breach of contract cases, injunction matters, debt collections, unfair trade practices, real property disputes and copyright and trademark infringement claims. In addition to his litigation experience, James has assisted clients with business planning and transactions, including the negotiation and drafting of contracts and agreements of sale and has counseled clients in real estate acquisitions and sales and, where appropriate, in respect to the avoidance of problems that may give rise to claims and liabilities.
Risk Management and Risk Financing. James advises and counsels clients in identifying, quantifying and managing risks faced by businesses. His experience includes performing insurance coverage renewal evaluations (with a particular emphasis on identifying potential coverage gaps and other impediments to securing the full measure of protection desired), evaluating risk management programs, assisting with the management of claims and counseling clients on the use of other non-financial methods of addressing identified risks. James also counsels clients on identifying the most efficient ways to finance an identified risk including establishing captive insurance companies, self-insurance programs, and participative insurance programs, including external risk funding, retrospective rating plans and credit-based risk mitigation.
In General. James holds a bachelor's degree from the University of Delaware (1995) and a J.D. from the Temple University School of Law (1998). He is licensed to practice law by the Supreme Courts of Pennsylvania and New Jersey, as well as the U.S. District Courts for the Eastern District of Pennsylvania, Middle District of Pennsylvania and the District of New Jersey. In addition, James is a member of the Descendants of the Signers of the Declaration of Independence, where he was formerly on the Board of Governors, and he serves as outside counsel to the board of a school for blind and handicapped children.
Professional & Civic Associations
· Member, Descendants of the Signers of the Declaration of Independence
Speaking Engagements
4/24/2012, 2012 Life Insurance Conference
"STOLI: Recent History, Real Future"
James Bainbridge, Robert Mancuso, Orlando, FL
4/14/2010, 2010 Life Insurance Conference
"Playing STOLI Jeopardy"
Stephen Serfass, Jason Gosselin, James Bainbridge, Washington, DC
3/16/2010, Valmark Securities Member Forum
"New Life Settlement Opportunities and Solutions to Yesterday's Problems"
James Bainbridge, Akron, OH
11/9/2009, CLE Seminar
"The Secondary Market Academy"
Stephen Baker, Michael Miller, Charles Vinicombe, James Bainbridge, Blue Bell, PA
10/19/2009, American Council for Life Insurers 2009 Annual Conference
"Playing STOLI Jeopardy"
Stephen Baker, Michael Miller, James Bainbridge, Chicago, IL
7/22/2009, American Council for Life Insurers Compliance and Legal Sections Annual Meeting
"STOLI Jeopardy"
Stephen Baker, Michael Miller, James Bainbridge, Boston, MA
11/18/2008, BVR Legal's Secondary Market for Life Insurance Conference
"How to Thwart STOLI: A Panel Discussion (Moderator)
James Bainbridge, Philadelphia, PA