Amy S. Kline

Amy S. Kline
Experience

Insurance and Reinsurance

  • Lead outside counsel to a property and casualty insurer on litigation and coverage matters.
  • Representation of life insurers in multiple lawsuits arising from the lapse of variable life and annuity insurance products and the alleged wrongful denial of life and accidental death benefits.
  • Representation of a life and long term care insurer in administrative appeals relating to long term care rate increase requests.  
  • Representation of a national managed care organization in Medicaid-related payor-provider disputes across the country.
  • Representation of a group disability insurer defending disability, AD&D and life cases within the Third Circuit.
  • Representation of a managed care organization in multiple challenges to the award of a state Medicaid contract.  
  • Representation of a reinsurer in an action against a retrocessionaire for liabilities arising from workers' compensation insurance and defense of a  counterclaim for rescission.  Obtained a judgment in favor of the reinsurer on all counts following a nine-day bench trial.  The judgment was  affirmed by the Third Circuit.  Munich Reinsurance America, Inc. v. American National Insurance Company, No. 14-2045 (3d Cir. Feb. 3, 2015); 999 F. Supp. 2d 690 (D.N.J. 2014); 893  F. Supp. 2d 686 (D.N.J. 2012).
  • Confidential arbitration on behalf of a managing general underwriter relating to the wrongful termination of a business relationship.
  • Confidential arbitration on behalf of an insurer relating to coverage pursuant to a managed care agreement.
  • Representation of reinsurers in confidential arbitration matters relating to claims under a cut-through endorsement, variable annuity death benefits, and insolvency.
  • Representation of cedents in confidential arbitration matters involving issues of coverage, notice, waiver, prejudice, the duty of utmost good faith, good-faith settlement payments and applicability of follow the fortunes.

Commercial Litigation

  • Defeated a motion for a preliminary injunction seeking specific performance on supply contract for cryocoolers. 
  • Representation of an electronic media retailer in an action against a vendor for breach of contract.  Obtained a  full judgment in favor of the retailer, including attorneys’ fees, following a bench trial.  The judgment was affirmed on appeal.  
  • Representation of an electronic media retailer in an action against a vendor over a defective product.  Obtained a full judgment following a bench trial, appeal, remand and a second appeal.  
  • Representation of an electronic media retailer in an action against a vendor over defective merchandise.  Obtained a full judgment in favor of the retailer, including attorneys’ fees, following a bench trial.  
  • Representation of an electronic media retailer in an action against a vendor for defective merchandise. Obtained a full judgment in favor of the retailer, including attorneys' fees, following a five-day bench trial.  
  • Representation of a publicly traded horticultural products company in several cases involving allegations of monopolization, attempted monopolization, breach of contract, fraud and breach of fiduciary duty. Obtained summary judgment on behalf of the horticultural products company, and affirmance by the Third Circuit. 

Investigations

  • Representation of two major public university systems undertaking internal investigations and audits concerning alleged non-compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the anti-harassment provisions of Title IX.
  • Representation of a bankruptcy court-appointed independent examiner investigating creditors' allegations of wrongdoing in the $3.6 billion leveraged buyout of the Tribune Company.
  • Representation of an SEC-appointed independent examiner investigating Time Warner/AOL's historical accounting for online advertising revenues, which led to a revenue restatement of over $500 million by the company.