Vivian's Profile

Vivian is a partner in Maynard’s Insurance and Financial Services Practice. She handles a diverse range of sophisticated business, insurance and investment-related litigation, including significant class actions and other complex actions. Vivian has litigated and advised clients on pre-litigation matters, post-litigation matters and general business litigation in hundreds of cases in both state and federal courts. Her practice focuses on life, health and disability insurance, and she routinely handles insurance bad faith litigation, and litigation involving the defense of unfair competition claims, fraud/misrepresentation claims, elder abuse claims, STOLI and IOLI claims, claims concerning insurance-related investment products, coverage disputes, long term care related disputes, customer complaints, suitability related disputes, and general business matters.

Vivian also handles matters on behalf of businesses and insurance companies relating to illegal and improper conduct of agents, producers, employees and/or officers, and also has a state and federal appellate practice.

Prior to Maynard, Vivian worked with a national law firm in Los Angeles.

Vivian's Experience

  • Defeating class certification and/or liability on behalf of life and health companies sued for breach of contract, insurance bad faith, fraud, unfair business practices and other violations of California law
  • Successfully defending life, health and disability insurers in breach of contract, bad faith, fraud and/or unfair competition actions, including securing dismissals on motions to dismiss/demurrer and summary judgment
  • Successfully defending insurers in STOLI and IOLI cases from claims of fraud and other consumer violations
  • Successfully obtaining summary judgment on life insurance rescission matters
  • Successfully prosecuting matters on behalf of life insurance companies and other entities and individuals
  • Litigation on behalf of life insurers for claims alleging improper sales of annuities and violation of statutory or regulatory laws
  • Successfully representing California health insurer and health plan in obtaining summary judgment relating to rescission of a health insurance policy/health plan for material misrepresentations and omissions on the health insurance application
  • Part of trial-team counsel representing California health care service plan in obtaining directed verdict at trial in rescission matter
  • Part of trial-team counsel representing California health insurer in obtaining nonsuit at trial in rescission matter
  • Successfully defending insurance companies and welfare benefit plans in claims for ERISA benefits
  • Sidorov v. Transamerica Life Ins. Co., USDC-Eastern Dist. of Cal., 2018 U.S. Dist. LEXIS 151268 (E.D. Cal. Sep. 5, 2018), aff’d 2020 U.S. App. LEXIS 33212 (9th Cir. Oct. 21, 2020)
  • Clark, et al. v. Transamerica Life Ins. Co., 2020 U.S. Dist. LEXIS 158491, 2020 WL 5110295 (E.D. Cal. Aug. 28, 2020)
  • For v. Transamerica Life Ins. Co., Los Angeles Superior Court, Case No. 20VECV00023 (July 23, 2020)
  • Ephrem v. Transamerica Life Ins. Co., USDC-Cent. Dist. of Cal., Case No. 2:19-cv-05659MWF(JEMx) (Sept. 27, 2019)
  • Lamb v. Transamerica Premier Life Ins. Co., 2019 U.S. Dist. LEXIS 42841 (C.D. Cal. Mar. 14, 2019)
  • Wiseblood v. Mut. of Omaha Ins. Co., 2019 U.S. Dist. LEXIS 120210, 2019 WL 3235024 (E.D. Cal. 2019)
  • Rechnitz v. Transamerica Life Ins. Co., et al., 2018 U.S. Dist. LEXIS 225447 (C D. Cal. July 18, 2018)
  • Transamerica Life Ins. Co. v. Steinberg, et al., Los Angeles Superior Court, Case No. BC658928 (Apr. 26, 2018)
  • Finkelstein v. AXA Equitable Life Ins. Co., 325 F.Supp.3d 1061 (N.D. Cal. 2018)
  • Martin v. Zenith Ins. Co., Los Angeles Superior Court, Case No. BC559374
  • Transamerica Life Ins. Co., et al. v. Adams, Los Angeles Superior Court, Case No. BC658928 (Dec. 2, 2014)
  • Elliott, et al. v. Transamerica Life Ins. Co., et al., Orange County Superior Court, Case No. 30-2013-00636046-CU-CO-CJC (Mar. 13, 2014)
  • Margalit v. United Omaha Life Ins. Co., 837 F.Supp.2d 1056 (C.D. Cal. 2012)

Vivian's Affiliations and Civic Involvement

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

Vivian's Publications

  • "Exercising Rescission after Commencement of a Lawsuit," co-author, Los Angeles Lawyer, December 2006
  • "With Reservations," co-author, Los Angeles Lawyer, July-August 2005
  • California Practice Guide, Insurance Litigation
  • "Chapter 6E (Updated)," contributing author, Insurance Litigation (The Rutter Group California Practice Guide), The Rutter Group, January 2002
  • "Review of the Seventh Circuit’s decision in Dinges v. Sacred Heart St. Mary’s Hospital, Inc.," Journal of Law, Medicine & Ethics, Vol. 27, No. 1, March 1999
  • "The FDA’s Accelerated Approval Process: Does the Pharmaceutical Industry Have Adequate Incentives for Self- Regulation?" American Journal of Law & Medicine, Vol. 25, No. 4, January 1999

Admissions

State Bar: California

U.S. District Court: California (Central, Eastern, Northern, Southern)

U.S. Court of Appeals: Ninth Circuit

Education
  • Boston University
    • (2001, M.B.A.)

  • Boston University School of Law
    • (2000, J.D., cum laude)

  • Georgetown University
    • (1996, M.S., with distinction, Physiology)

  • University of Southern California
    • (1995, B.A., cum laude, Biological Sciences)


Tuesday, February 8, 2022

MAYNARD BOLSTERS INSURANCE PRACTICE WITH TEAM OF LITIGATORS IN LOS ANGELES

Maynard is pleased to announce the expansion of its Los Angeles office with the addition of Misty Murray, Robert Hess, Vivian Orlando, Ophir Johna, Richard Hopkins, and Alison Shilling. Formerly with an Am Law 200 firm, these attorneys join Maynard's nationally recognized Insurance and Financial Services Litigation Practice. Ms. Murray...

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