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Rhonda D. Orin is the managing partner of the firm's Washington, D.C. office and a member of the firm's Insurance Recovery Group.
Ms. Orin is a litigator with extensive experience in representing policyholders in insurance coverage disputes across the country, including the representation of corporations with self-funded health plans under ERISA. Her caseload ranges from multi-million-dollar environmental and asbestos disputes to complex contractual and statutory disputes among employers, third-party administrators, stop-loss insurance companies, plan sponsors and plan participants. Ms. Orin has been actively involved in two cases before the United States Supreme Court, one regarding an international business dispute and the other regarding government contracts. She has argued insurance coverage disputes before the highest courts of two states: Maryland and Mississippi. In 2003, Ms. Orin was trial counsel in an insurance coverage case that produced one of the 10 largest jury verdicts in the country.
Professional Honors
Selected as "Star of the Bar" in 2004 by the Women's Bar Association of the District of Columbia.
Representative Engagements
Representative major engagements in which Ms. Orin has served as counsel include the following:
Insurance and ERISA/Self-Funding
Counsel to plaintiff in Fuller-Austin Insulation Co. v. Fireman's Fund Ins. Co., tried before a jury in California state court (Los Angeles County) from February through May 2003. The case regarded insurance coverage for 77,000 asbestos claims. The jury rendered a $200 million verdict for the policyholder, one of the 10 largest verdicts in 2003. "Top 10 Verdicts," National Law Journal (January 2004)
Counsel to defendant in Aetna Ins. Co. v. Esselte Corporation, tried before a jury in U.S. District Court, Southern District of New York, in April 2005. The case regarded a contractual dispute between Esselte, as sponsor of a self-funded plan, Aetna in its capacity as third-party administrator of the plan, and Aetna in its additional capacity as the stop-loss insurance company for the plan. The jury found that Aetna, although the plaintiff, had breached an administrative services contract with Esselte pertaining to the self-funded plan. Aetna recovered nothing from Esselte and reimbursed Esselte for attorney's fees.
Counsel to plaintiff in Chickasha Cotton Oil Company v. Houston General Ins. Co., settled immediately prior to trial in Texas state court (Hunt County). The case arose of environmental issues arising from the alleged use and/or release of arsenic. The case made favorable state law for policyholders on a substantial number of issues, including the pollution exclusion, lost policies, and statutory bad faith.
Counsel to plaintiff in ASARCO, Inc. v. Allianz, pending in Texas. The case arises from asbestos-related issues and has produced favorable decisions for policyholders in the state on a number of issues, including trigger of coverage and choice of law.
Counsel to plaintiff in Cohen v. Standard Ins. Co., in which the Eastern District of Pennsylvania held that Standard's refusal to pay disability claim was arbitrary and capricious, and granted summary judgment for policyholder, including attorney's fees.
Counsel to plaintiffs in Kodsi v. Empire Blue Cross, in which the NY State Supreme Court held that it violates NY law for PPOs to terminate providers "without cause."
Counsel to numerous corporations regarding their self-funded benefits plans, self-administered insurance policies and self-insurance arrangements, including securing recovery of unpaid sums without resort to litigation, avoiding payment of sums not owed by the corporations or their plans, and analyzing SPDs, administration agreements, stop-loss insurance policies and related documents.
Commercial Litigation
Counsel to The CIMA Companies, Inc. in connection with miscellaneous commercial disputes.
Counsel to Peter V. Miller Corp. in connection with multiple contract disputes.
Counsel to Hercules, Inc. in government contracts dispute before U.S. Supreme Court regarding government-compelled manufacture of Agent Orange during Vietnam War.
Counsel to W.S. Kirkpatrick & Co., Inc. in unfair competition case that reached U.S. Supreme Court due to issues of international law.
Publications
Ms. Orin frequently publishes articles on insurance, ERISA and self-funding. Recent publications include:
Book: "Making Them Pay: How to Get the Most from Health Insurance and Managed Care," St. Martin's Press, (April 2001), which is on The Wall Street Journal's list of the six "Best Health Books," WSJ (November 19, 2002)
Book Chapter: "Self-Administering, Insuring and Funding Benefit Plans: Bringing Benefits In-House has Advantages, but it also Raises Legal obligations and Challenges," Human Resources 2007 (Summer Edition) (with Daniel J. Healy)
"U.S. Health Care Reform - Should Foreign Entities Care?" (July 2010) (with Bridget Healy)
"No Rest for the Weary Employer: The New Medicare Reporting Requirements," AKO Policyholder Advisor (May/June 2010) (with Joseph G. Balice)
"Leveling the playing field - Goodbye to the health insurance antitrust exemption," MarketWatch (June 14, 2010) (with Bridget Healy)
"Head in the Sand: 'Un-Insurance' is No Business Solution for Mortgage Insurance Companies Facing Bad Risks," Enforce: The Insurance Policy Enforcement Journal, Volume 8, Issue 1 (April 2010) (with Pamela D. Hans)
"Another View: Rewriting History in the Mortgage Crisis," The New York Times, DealBook (July 29, 2009) (with Pamela D. Hans)
"Insurance Coverage for Swine Flu Claims," AKO Policyholder Alert (May 2009) (with Diana Shafter Gliedman and Marshall Gilinsky)
"Denials of Insurance Company Standing: Two More Cases Join the Lengthening List," ABI Mass Torts Committee Newsletter, Volume 6, Number 4 (October 2008)
“Metropolitan Life v. Glenn: An Appropriate Standard or ‘Gobbledygook,’” AKO Self-Funding Advisor (Autumn 2008)
”The Genetic Information Nondiscrimination Act: A New Challenge for Self-Funded Employers,” AKO Self-Funding Advisor (Autumn 2008)
"Mind the Gap in Self-Insured Health Plans," Business Insurance (June 2008)
"Self-Funding of Health Plans: One More Thing That Should Keep Risk Managers Up At Night," Risk & Insurance (June 2008)
“Was It Confusion or Just Good Politics? Sen. John Edwards and the Nataline Sarkisyan Story,” AKO Self-Funding Advisor (Spring 2008)
"Don't Fall in the Gap! Beware of Run-Out Coverage Under Stop-Loss Policies," AKO's Self Funding Advisor (Autumn 2007)
"Is It a Vase or Are There Two Faces? Policyholders See One Thing; Insurers Another," CPCU Society: Risk Management Quarterly, Volume 25, Number 3 (October 2008) and Contingencies (November/December 2007)
"Wrong War, Wrong Time, Wrong Enemy: Insurance Company Claims Of Late Notice Should Not Sustain Refusals To Defend," Corporate Counsel (October 2007)
"Self-Administration of Insurance Policies Are You Qualified to Do It and, If You Err, Who Pays?," Corporate Counsel (March 2007) and AKO Self-Funding Advisor (Winter 2006/2007)
"How to Collect on Disability Claims," InvestmentNews.com (September 2006)
"Ten Traps to Avoid When Negotiating Self-Funded Benefits Plans - Self-Funding Can Be Effective if Employers Pay Special Attention to the Fine Print in Third-Party Contracts," Compensation Benefits Review (July/August 2006) (with Daniel J. Healy)
"Wind vs. Water: Battle Royale Over Hurricane Claims," Risk Management (May 2006)
"Seven 'Deadly Sins' To Avoid When Negotiating Self-Funded Benefits Plans," Corporate Counsel (June 2006), AKO Self-Funding Advisor (Spring 2006) and riskVue (May 2007) (with Daniel J. Healy)
"Self-Funded Benefits Plans: Up-Front Savings, but Hidden Costs," Coverage (January/February 2006) (with Daniel J. Healy)
"The Inevitability of Insurance Disputes, and Tips to Ensure Health Insurance Providers Pay," The American Heart Hospital Journal (Winter 2006) (with Richard P. Lewis)
"Coverage for Punitive Damages: You May Not Get What You Pay For," Corporate Counsel Magazine (January 2005)
"Captive Insurance May Provide a Snug Fit for Employee Benefits, But Only if You Do Things Right," Captive and ART Review (November 2004) (with Phillip England)
"Buyer Beware: Self-Funding Your Insurance Plan," AFP Exchange (March 2004)
"Self-Funding Your Insurance Plan: Sounds Great, But Danger Lurks Beneath," Executive Insurance Alert (Summer 2004) and Corporate Counsel Magazine (October 2003)
"Insurance Coverage For Power Interruption - In The Northeast and Elsewhere," AKO Policyholder Advisor (September 2003) (with Mark Garbowski and Michele Gallagher)
"Tips For Easing The Newest Insurance Nightmare: The Wrongful Denial of Disability Claims," AKO Healthcare Newsletter (Spring 2003)
"State Malpractice Claims Against HMOs? The Verdict Is In: They're Allowed," Mealey's Managed Care Liability Report (March 2003)
"Corporate Executives As Plaintiff: An Increasing Headache For Corporate Counsel," Corporate Counsel (September 2002)
"Hidden Things You Need To Know," The Los Angeles Times (November 2001)
"How To Make Health Insurers Pay Up," Bottom Line Health (November 2001)
"They Won't Tell You That," The Washington Post (November 2001)
"Covering the Uncovered," The National Law Journal (July 2001)
"Claiming What's Yours," The Washington Post (June 2001)
"OUCH! Open Season on Consumers," The Washington Post (November 1999)
"Revenge of the Insured," The New York Times (November 1998)
"How Insurance Companies Jump Start Businesses Stymied by Disaster," New York Law Journal (August 1998)
"The Wrong War, The Wrong Time, The Wrong Enemy: Insurers' Allegations of Late Notice are Untimely When Underlying Actions are Pending," Tort and Insurance Law Journal (Spring 1996)
"Disaster Planning," ABA Journal (October 1995)
"Exclusion Confusion Over Business Risks," Best's Review (May 1994)
"The Meaning of Loss of Use in the Definition of Property Damage," Insurance Litigation Reporter (October 1990)
Representative Print Interviews
Ms. Orin is periodically quoted or cited in the press regarding insurance, ERISA and health care. The following is a representative sampling:
"B of A Suit Against MGIC Highlights Deepening Rift," American Banker (December 28, 2009)
"Mortgage Insurers' Claim Rejections Multiplying Lenders' Pain," American Banker (December 14, 2009)
"Texas Court Allows Legal Expense Claim in Asbestos Case to Continue," Insurance Journal (June 26, 2009)
"Texas Court Allows Legal Expense Claim in Asbestos Case to Continue," Claims Journal (June 25, 2009)
"ASARCO Can Argue For Legal Expenses From Fireman's Fund," National Underwriter (June 25, 2009)
"Grupo Mexico boosts Asarco offer by $240M," Arizona Daily Star (June 25, 2009)
"Asarco Cleared To Seek Legal Costs From Insurer," Insurance Law360 (June 24, 2009)
"A Violation of Trust - A California verdict drives home the cost of TPA mismanagement of a workers' compensation contract and perhaps reveals a more widespread problem," Risk & Insurance (June 2008)
"A Case in Context - Despite the strict standards written into many TPA contracts, the various legal avenues available should the relationship sour, and the sometimes uneasy relationships between public insurance pools and their TPA, it's still the insurance pool risk manager who is responsible for minding the store," Risk & Insurance (June 2008)
"9 Things Insurers Don't Want You to Know - How to Protect Your Health and Family From Loopholes and Lapses," MSNBC.com (August 15, 2007)
"Uncovering Coverage - Left With An Old Insurance Policy? How to Win the Paper Chase," The Dallas Morning News (March 26, 2007)
"Lawyer: Katrina Lawsuits' Jurisdiction Depends on Nature of Claim," BestWire Services (November 2006)
"After Hurricanes Katrina and Rita Struck Last Year, Homeowners in Louisiana and Mississippi Learned What Disaster Victims Elsewhere Already Know: Homeowners' Insurance Policies Are Not All-Encompassing. But Consumers All Too Often Buy Those Policies Without Fully Understanding The Product," San Francisco MarketWatch (October 2006)
"Where Does It Hurt? In the Pocketbook," The Wall Street Journal Sunday (August 2003)
"New York Appeals Court Rules Health Plan Can't Invoke ERISA," Best's Insurance News (February 2003)
"You Can Make Them Pay," The Wall Street Journal (September 2002)
"Save Money on Health Care," Woman's Day (August 2002)
"Ask Personal Journal," The Wall Street Journal (April 2002)
"Patients Flex Their Muscles," Kiplinger's Personal Finance (January 2002)
"This May Hurt," The Washington Post (October 2001)
"How To Spot and Fix All the Costly Mistakes," The Wall Street Journal (June 2001)
"For Now, ERISA Pre-Emption Still Protecting Employers; But Court Decisions, Legislation Could Expand Liability," Business Insurance (March 1, 1999)
Other publications that have recently quoted Ms. Orin include The Detroit Free Press, The Peoria Journal Star, The Atlanta Journal-Constitution, The Minneapolis Star-Tribune and The Tennessean.
Speaking Engagements
Ms. Orin regularly gives lectures on insurance, ERISA and self-funding. Recent speeches are as follows:
"Employers As Fiduciaries, Plan Sponsors and Policyholders: Changes in the Wake of Health Care Reform," Anderson KIll & Olick, L.L.P. and Miller & Chevalier, Chartered Seminar, Washington, DC (May 6, 2010)
"Captives, Self-Funding, Self-Administration - Alternatives to Traditional Insurance Policies," Industry Breakout Sessions: Important Issues Affecting Key Industries, 12th Annual Policyholder Advisor Conference, New York, NY (September 17, 2009) (with Phillip England)
"Closing the Deal on Property and Business Interruption Claims in the Wake of a Catastrophe," AAPA Port Administration and Legal Issues Seminar, Baltimore, MD (April 15, 2009) (with Robert M. Horkovich)
"Alternatives To Traditional Insurance Policies: Self-Funding, Self-Administration and Self-Insurance (Captives)," 10th Annual Policyholder Advisor Conference, New York, NY (September 18, 2007) and 11th Annual Policyholder Advisor Conference, New York, NY (September 18, 2008) (with Phil England)
”Pharmaceutical/Healthcare – Responding to Change,” 11th Annual Policyholder Advisor Conference, New York, NY (September 18, 2008) (with Steven Pudell)
"Hurricane Coverage and Other Disasters Insurance Seminar," Rockville, MD (June 28, 2007)
"Hurricane Coverage and Other Disasters Insurance Seminar," Hyatt Regency, Houston, TX (June 22, 2007)
"May It Please The Court: Insurers v. Policyholders ... And Other Catastrophes!," 2007 Insurance Coverage Litigation Committee CLE Seminar, Tuscon, AZ (March 1, 2007)
"Insurance Recovery for Hurricanes and Other Natural Disasters," AAPA Port Administration and Legal Issues Seminar, Miami, FL (February 12, 2007)
"Litigation Round-Up: Lessons from Katrina and Other Disasters," WRF's Catastrophic Risk Insurance Seminar (November 15, 2006)
"Self-Funding-The Pros and Cons," 9th Annual Policyholder Advisor Conference, Philadelphia, Pennsylvania (September 15, 2006)
"Captives/Self-Funding-The Pros and Cons," 9th Annual Policyholder Advisor Conference (June 1, 2006)
"Wind, Water and Proximate Causation," Katrina/Rita/Wilma Damages: Recouping Your Losses With An Aggressive Insurance Recovery Program, New Orleans, LA (March 30, 2006)
"Ten Insurance Tips," RIMS Virginia Chapter (February 2006)
"The Pros and Cons of Self-Funded Benefits Plans," AKO Policyholder Advisor Conference (December 2005)
"Wind v. Flood Coverages, Exclusions and Causation," Katrina/Rita Damages: Recouping Your Losses with an Aggressive Insurance Program, held in Houston, Texas (November 2005)
"ERISA Fiduciaries: Law, Liability & Insurance," Management Liability Seminar, held in White Plains, New York (May 2005)
"The Pros and Cons of Self-Funded Benefits Plans," Insurance Issues Update, held in Fairfax, Virginia (March 2005)
“Recovering Punitive Damages after State Farm v. Campbell,” Strafford Publications Teleconference, (February 2005)
”The ERISA Preemption Battle: Implications from the U.S. Supreme Court’s Decision in Aetna v. Davila,” Strafford Publications Audioconference, (August 2004)
"Tips and Tricks for Making Insurers Pay," AMBA 2003 National Conference, held in Las Vegas, Nevada (October 2003)
"HMO Regulation and Evolving Theories of Liability," ABA-TIPS Midwinter Meeting, held in Orlando, Florida (January 2002)
"Bad Faith Litigation in Washington, DC," National Business Institute, held in Washington, D.C. (December 2001)
"HMOs and Managed Care Plans: Evolving Litigation and Related Liability Issues," Professional Liability Underwriters Society Western Days Conference, held in Los Angeles, California (September 2001)
"Insurance Coverage for Y2K Remediation Costs Under Sue and Labor Provisions of Property Insurance Policies," ALI-ABA Y2K Conference, held in Philadelphia, PA (December 1999)
"Current Legal Issues In Managed Care," RIMS Conference, held in Atlanta, Georgia (April 1999)
"Director's and Officers Liability," Mealey's Y2K Liability Conference, held in Phoenix, Arizona (March 1999)
Representative Broadcast Interviews
Ms. Orin has been the featured guest on a number of television and radio shows, including the following:
"Mortgage Insurers Won't Pay on Bad Loans," CNBC (Washington, DC) (March 10, 2010)
"Bloomberg Money Show," (New York) (April 18, 2002)
"Insurance Insights: How to Get Them to Pay," News Channel 9 (Washington, DC) (February 26, 2002)
"Bloomberg Money Show," (New York) (January 9, 2002)
"Of Consuming Interest," Call For Action (Washington, DC) (April 22, 2001)
News Interview, News Channel 8 (Washington, DC) (January 29, 2001)
"Of Consuming Interest," Call For Action (Washington, DC) (January 10, and 17, 1999)
"Living Without Limits," WNYE (New York) (November 25, 1998)
"Consumer Hotline," Business News Network (Colorado) (November 17, 1998)
"Here's to Your Health," Talk America Radio Network (Florida) (November 16, 1998)
"Talk Of The Nation," National Public Radio (Washington, DC) (November 2, 1998)
"Health Insurers: Fighting Back," CBS News Speaking of Health (November 1998)
Bar Admissions
New York, New Jersey, United States Court of Appeals for the Second, Third and Ninth Circuits, United States Supreme Court, District of Columbia, United States Court of Appeals for the District of Columbia, and United States District Court for the District of Columbia
Memberships
The District of Columbia Bar, American Bar Association and the Association of Trial Lawyers of America
Education
J.D., New York University School of Law
B.A., summa cum laude, University of Pennsylvania
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