John Holmes is a litigator who focuses his practice in complex litigation involving all aspects of the business of insurance, including sales, trade and business practices, claims handling practices, trade secrets, and business disputes. Mr. Holmes has litigated these matters in a variety of contexts, including federal and state class actions, federal multidistrict litigation, arbitrations, administrative hearings, and market conduct examinations.
Mr. Holmes has litigated cases involving life, health, disability, property-casualty, and mortgage guaranty insurance, as well as cases involving securities broker-dealers and registered investment advisors. Some of Mr. Holmes’ representative matters include:
Class action, individual, and FINRA litigation alleging lack of suitability and deceptive sales practices, including failures to disclose, misrepresentations, and pretense interviews and other regulatory violations in the sale of life insurance, annuity, and long term care products.
Class action litigation concerning an insurer’s premium charges, including vanishing premium, DAC Tax, gap premium, reinstatement charges, cost of insurance charges, and experience rating claims.
Litigation in court and before FINRA arising from outside business activities and selling away by agents and registered representatives, including unauthorized sales of annuities, securities, and pension plans.
Class action and FINRA litigation brought by agents and registered representatives over commissions, production requirements, and other aspects of their relationships with their principals.
Represented charitable foundation in the Bernard Madoff liquidation proceedings (SIPC v. Bernard L Madoff Investor Services) to establish “customer” status and entitlement to SIPC for each participant in the foundation’s investment pool.
Class action against workers’ compensation insurer alleging failure to warn of effects of anniversary rating date changes on experience modification factors and premiums.
Class action against health insurer challenging different copay amounts applicable to brand and generic drugs.
Class action alleging that, upon reinstating lapsed insurance certificates under group policies, life insurer improperly collects and retains premiums attributable to the period of lapse during which no coverage was provided.
Class action Defended life insurer in class actions alleging that life insurer failed to pay death benefits in connection with the Armenian Genocide and Pontic Greek Genocide in the Turkish Ottoman Empire.
Litigation challenging long-term care insurer’s sales, rating and underwriting practices.
Class action brought by its senior agents/registered representatives challenging life insurer’s changes in production requirements and compensation.
Litigation alleging that workers’ compensation insurers engaged in bad faith reserving and experience rating modifier inflation.
Class action alleging that life insurer misleadingly marketed and failed to pay benefits under spousal benefit riders.
Class actions alleging that life insurers unlawfully charged premiums for periods prior to policy inception.
Admissions, Memberships & Qualifications
The State Bar of California, Business Law Section, Member
The State Bar of California, Litigation Section, Member
Los Angeles County Bar Association, Healthcare Law Section, Member