Ophir Johna

Ophir is a partner in Maynard’s Insurance and Financial Services Practice and ERISA Practice. He represents insurers and health care plans in state and federal courts where he focuses his practice in the areas of life, health, disability, and long-term care disputes ranging from matters involving bad faith and punitive damage exposure to ERISA-governed litigation. He also has experience representing health insurers and health care plans in payor-provider disputes and litigating matters involving agent and broker sales practices as well as insurance and annuity suitability. Ophir is currently representing life insurers in multiple individual and class actions involving lapse under California Insurance Code sections 10113.71 and 10113.72 and issues arising from the California Supreme Court’s decision in McHugh v. Protective Life Ins. Co.

Ophir has successfully defended insurers, health care plans, and brokers in hundreds of matters and in all phases of litigation, including summary judgment and trial, in both state and federal courts. Prior to joining Maynard, he was a partner with a national law firm in Los Angeles.

• Advised and represented numerous life, health and disability insurers in high exposure coverage and bad faith actions in state and federal court
• Obtained multiple summary judgments and appellate court decisions upholding life and health insurers' rescission of coverage based upon material misrepresentations and omissions in the application
• Successfully eliminated exposure to punitive damages and other extracontractual damages via summary adjudication
• Defended insurers in jury trials in state and federal court actions involving coverage disputes and bad faith claims
• Represented life insurers and annuity companies in a variety of matters involving: rescission; lapse and reinstatement, including compliance with Insurance Code sections 10113.71 and 10113.72; STOLI/IOLI; agent-insured collusion; vanishing premiums; suitability; churning; fraud; forgery; agent misconduct; interpleaders; etc.
• Represented disability and long-term care insurers in matters involving a multitude of issues including: "own occupation" and "any occupation"; accident v. sickness; mental/nervous limitation; appropriate care; etc.
• Represented insurers in ERISA-governed actions, including handling of motions concerning the applicability of ERISA, the applicable standard of review, and preemption issues
• Represented health care service plans and health insurers in a variety of matters, including claim disputes, medical necessity and experimental treatment disputes, subscriber eligibility disputes, alleged vicarious liability for provider's malpractice, rescission, fraud in procurement of "guaranteed issue" coverage, etc.
• Provided appellate court representation to life, health and disability insurers

• The State Bar of California
• Los Angeles County Bar Association

• October 2015: “Evaluating a Claim When the Insured Cannot Perform His 'Signature Duty',” Definitive Disability Conference 2 (Boston, Massachusetts)