Experience
Accidental Death Insurance Policy
Represented insurer in the Circuit Court in Mingo County, West Virginia in a case related to an insurer’s accidental death and disability insurance plan. Plaintiffs claimed that the policy regarding accidental deaths was not explained properly; however, the court stated that the language in the policy was clear and unambiguous. The court granted summary judgment for our client and dismissed the case with prejudice.
Amicus Curiae Brief
Filed an amicus curiae brief in the Supreme Court of Appeals of West Virginia on behalf of an insurance trade association in support of prevailing party. Client argued that a circuit court had previously erred in granting partial summary judgment in a case related to deliberate intent coverage and a claim that policy language was ambiguous. The Court overruled the circuit court’s decision, resulting in a significant victory for the insurance industry.
Breach of Contract
We represented a national bank against an allegation of breach of contract. The plaintiff alleged that he had filed multiple loan applications and had not received a loan, allegedly contrary to the bank’s representations. We conducted extensive discovery, and proved that our client had made no commitment to give a loan to the plaintiff, meaning there was no contract to breach. The judge granted summary judgment to our client.
Certificate of Need Appeal
We represented Highland Hospital in a Certificate of Need appeal. Our client sought a Certificate of Need to place 150 mental health beds, with a total capital expenditure exceeding $40 million, in a vacant facility formerly owned by United Hospital Center. The Certificate was granted, but then appealed by a competitor, who raised issues of financial feasibility, necessity of the project, and compliance with the state health plan, and alleged that it was denied due process. The matter was appealed to the Office of Judges, an administrative appeal body, and our client’s Certificate was upheld.
Credit Life Insurance Policy
Represented insurer in U.S. District Court for the Southern District of West Virginia in a case involving a credit life insurance policy. The court granted summary judgment to our client.
Drafting of Legislation
Assisted in the drafting of West Virginia's comprehensive insurance and civil justice reform legislation in 2005, including the repeal of third-party bad faith. Utilized extensive lobbying experience and training to coordinate and implement grassroots campaign, which included conducting opinion research and polling and a targeted media campaign to promote passage of significant legislation.
Fairmont General Hospital v. United Hospital Center
Mr. O'Neil and Ms. Bentz represented a hospital before the West Virginia Health Care Cost Review Authority, the Office of Judges, the Circuit Court of Marion County, and the West Virginia Supreme Court of Appeals in the successful prosecution of the hospital's application for a certificate of need to develop a $285,000,000 replacement hospital.
Physician Peer Review Process
We represented a regional hospital in physician peer review proceedings. The hospital received complaints regarding a physician, and it had to proceed according to its Medical Staff Bylaws, including holding a hearing before a peer review hearing committee. We counseled the hospital throughout the process, ensuring compliance with the Health Care Quality Improvement Act, state licensure and reporting regulations, and the Medical Staff Bylaws. Any violations during the peer review process could have resulted in the hospital and participating reviewing physicians losing civil immunities and facing potential liability. The hospital completed the hearing and peer review process with no compliance issues.
President of Insurance Trade Association
Ongoing service as President of West Virginia Insurance Federation since 2004. Conduct a number of administrative duties, including day-to-day operations, reviewing and monitoring applicable legislation, lobbying on behalf of or in opposition to legislation, drafting and introducing legislation, drafting amendments and providing testimony regarding legislation. Duties also include distributing regular reports on legislation, meeting regularly with company representatives and lobbyists, monitoring interim committees, scheduling committee and board meetings, working with the Insurance Commissioner’s Office and other regulatory agencies, and assisting in distribution of materials, such as media releases and editorials.
Thoracic and Cardiovascular Associates v. Charleston Area Medical Center and Charleston Area Medical Center v. Rashid
Mr. O'Neil and Ms. Bentz represented the state's largest hospital in state litigation brought by cardiovascular surgeons on the hospital's Medical Staff demanding $2,000 per day to provide on-call coverage to the hospital's trauma center and in related federal litigation brought by the hospital against the cardiovascular surgeons for alleged price fixing and an alleged concerted refusal to deal.
United States of America v. Bluefield Regional Medical Center
We represented a hospital in a federal antitrust investigation by the United States Department of Justice regarding an agreement between two hospitals relating to the provision of open heart surgery and cancer services.