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Jon T. Neumann

Jon Neumann is an experienced trial lawyer representing insurers and other clients in complex disputes in federal and state courts, as well as in varied domestic and international arbitral forums. Jon represents health insurers in health-benefits litigation and other high-stakes disputes with health care providers. He also regularly advises clients on contract and extra-contractual claims, business torts, and real estate and other commercial matters. Additionally, Jon provides coverage advice and helps insurers in the defense of arbitrations and civil litigation including claims relating to breach of contract, breach of fiduciary duty, bad faith, business torts, insurance coverage, punitive damages, and state consumer-protection statutes.

Jon’s health care practice is focused on managed care and employee benefits matters. He has represented managed care entities and administrators in virtually all aspects of insurance arbitration and litigation including ERISA, contractual and extra-contractual disputes with providers and hospitals, prompt pay litigation, insurance fraud, and medical liability claims.

In conjunction with his insurance coverage and bad faith practice, Jon guides insurers through the legal aspects of complex coverage disputes, including class actions involving institutional bad faith claims, national insurance claim-handling programs, and computerized evaluation tools. He provides coordinating counsel services for the national defense of institutional claim-handling programs and offers counseling services to help insurers avoid litigation and minimize bad-faith exposure. Jon also advises on the efficient and fair management of claim-handling operations.

Jon’s reinsurance practice is focused on helping reinsurers and retrocessionaires strategically approach complex disputes involving issues such as actuarial modeling and other damage assessments, ratification, rescission, allocation, underwriting, the duty of utmost good faith, mergers and acquisitions, the purchase and sale of blocks of business, and other controversies related to the retrocession of risk through reinsurance treaties and other risk-transfer arrangements.

Concentrations

  • Business litigation
  • Complex commercial litigation
  • Health care litigation
  • Insurance and reinsurance disputes
  • Insurance coverage and bad faith litigation
  • Reinsurance controversies arising from treaties and other risk-transfer arrangements

Capabilities

Experiencia

  • The Surgery Center at 900 North Michigan Avenue, LLC v. American Physicians Assurance Corp., Inc., No. 1:15-cv-04336 (N.D. Ill. 2018), 18-2622 (7th Cir. 2019). Obtained Judgment as a Matter of Law in favor of the insurer on all claims brought under medical professional liability policy, seven days into a jury trial. The matter involved claims for bad faith failure to settle, concert of action, and punitive damages alleging that the medical-malpractice insurer had instituted a “concrete plan” to force cases to trial against the interests of its insureds. The Judgment was subsequently affirmed by the Seventh Circuit.°
  • National Union Ins. Co. v. CalPortland Cement Co., No. CGC-14-540942 (Sup. Ct. Cal., County of San Francisco 2017). Obtained judgment in an asbestos insurance coverage case for Resolute Management where the court ruled that co-insurers had a duty to contribute to the settlement of past and future asbestos claims under the terms of their CGL policies.°
  • Tesoro Refining & Marketing Co. v. National Union Fire Ins. Co. of Pittsburgh, Pa., Case No. 5:13-cv-00931, (W.D. Tex. 2015), 833 F.3d 470 (5th Cir. 2016). Won summary judgment from district court and affirmation from Fifth Circuit in favor of insurer rejecting policyholder claim under commercial crime policy.°
  • Fulton Santa Rosa LLC v. Granite State Ins. Co., Case No. BC499859 (Sup. Ct. Cal., County of Los Angeles 2015). Defended a breach of contract and bad faith suit brought by its insured under builder’s risk policy.°
  • King v. Allstate Ins. Co., SF 97-3008(C) (First Jud. Dist., Santa Fe County, New Mexico 2004), 159 P.3d 261 (N.M. Ct. App. 2007). Obtained defense verdict, affirmed by the New Mexico Court of Appeals, in the first third-party bad-faith case to proceed to trial after the New Mexico Supreme Court recognized a claim for third-party bad faith under the state’s Unfair Claim Practices Act. In ruling for defense, the jury rejected plaintiff's counsel's broad attack on Allstate's CCPR program and SIU practices.°

°The above representations were handled by Mr. Neumann prior to his joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, Super Lawyers magazine, “Southwest Super Lawyers,” 2014-2019
  • Listed, Chambers USA, 2014-2020
    • Insurance, Arizona (Band 1), 2019-2020
    • Litigation: General Commercial, Arizona, 2014-2019
  • Listed, Legal 500 U.S., “Insurance: Advice to Insurers,” 2015 and 2018
  • Member, State Bar of New Mexico, 1992-Present
  • Member, State Bar of Arizona, 1997-Present
  • Member, State Bar of Nevada, 2010-Present
  • Member, State Bar of California, 2011-Present
  • Elder, Oasis Community Church

Credentials

Educación
  • J.D., University of Texas at Austin
    • Managing Editor, The Texas International Law Journal
  • B.S., Arizona State University
Clerkships
  • Hon. John M. Duhé, Jr., U.S. Court of Appeals for the Fifth Circuit, 1994-1995
  • Hon. John E. Conway, U.S. District Court for the District of New Mexico, 1992-1994
Con licencia para ejercer en
  • Arizona
  • California
  • Nevada
  • New Mexico
  • U.S. Court of Federal Claims
  • U.S. District Court for the District of Arizona
  • U.S. District Court for the District of Nevada
  • U.S. District Court for the District of New Mexico
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • Supreme Court of the United States