Edwin A. Oster, Esq.

ERISA

• Mediated a healthcare coverage dispute involving residential addiction treatment excluded under an employer’s policy but arguably required under federal law. The matter presented conflicting out-of-circuit case law and issues of first impression, further complicated by ongoing claims and a replacement policy. Resolved through an omnibus settlement.
• Mediated a long-term disability claim filed in federal court, with disputed ERISA applicability, contested standard of review, scope of the administrative record, and waiver issues. The underlying disability was also disputed. The matter settled in two stages: an initial resolution referencing a new IME, followed by a lump-sum settlement.

Sexual Harassment

• Mediated a high-stakes employment dispute involving a high-salaried plaintiff who became one of several targets of sexual harassment following the hiring of a new executive vice president brought in to ‘save’ the company. Human Resources prematurely and inaccurately claimed a completed investigation that exonerated the executive, though no such investigation had occurred. As multiple additional claimants began coming forward, the resulting settlement was structured to serve as a blueprint for resolving related pending cases.

Wage and Hour Class Action

• Mediated multi-million-dollar class claims involving alleged failures to pay overtime, provide meal and rest periods, reimburse employee expenses, and issue accurate wage statements, including claims for PAGA penalties. The matter was resolved through a two-phase settlement: an initial open-ended resolution followed by a second phase that closed the claims period and provided finality.

Bad Faith

• Mediated a three-party healthcare coverage and bad faith dispute involving a special needs patient with claims spanning multiple private insurers and overlapping coverage. The matter included ongoing claim issues and was resolved through a settlement that preserved access to overlapping public benefits and avoided reimbursement obligations.
• Mediated a four-party bad faith dispute involving additional insured status in connection with a construction site accident. The matter included concurrent issues of implied indemnity and contribution, and was resolved through a global settlement.
• Mediated an individual disability insurance bad faith dispute with a contested choice of law component. The matter was venued in Hartford, Connecticut, and resolved through settlement.
• Mediated a dispute involving owners of a subchapter C corporation who implemented a tax-leveraged IRS Section 79 life insurance plan with $5 million in death benefits. Despite investment performance exceeding non-guaranteed policy illustrations, defendants faced potential liability for breach of fiduciary duty and misrepresentation of guaranteed benefits. The case settled through a restructuring of existing policy values and a modest injection of new funds.
• Mediated a Cumis counsel dispute involving multiple underlying franchise termination cases, cross-claims, and third-party issues. The matter, centered around a multinational fast-food chain, was resolved through a combination of franchise buy-outs and a structured cash infusion.
• Mediated a life insurance dispute involving an incomplete policy application, rescission, and missing underwriting documentation. The case was complicated by multiple intermediary parties between the insurer and the insured. All defendants contributed to the settlement except one, who was dismissed by the plaintiff.
• Mediated a multi-million-dollar life insurance dispute involving four institutional defendants. Devised a sliding scale of participation that broke the settlement impasse and led to a successful resolution.

Coverage

• Mediated a 7-party dispute involving four consolidated actions arising from a catastrophic worksite injury. Claims included breach of contract, contractual indemnity, and declaratory relief related to insurance coverage. The matter required multiple mediation sessions and six months of post-session follow-up, ultimately resulting in a global settlement.
• Mediated a three-party insurance coverage dispute arising from premises water damage, involving multiple carriers and overlapping policies. Claims included property damage, business interruption, and liability exposure. The matter was resolved through a high-low settlement structure.
• Mediated a high-value individual disability insurance dispute involving initial benefit payments followed by claim denial. The case included an admitted partial disability, but was complicated by ongoing fraud and non-cooperation defenses, as well as Social Security and Medicare overlays. The matter was resolved without jeopardizing the claimant’s continuing collateral benefits.
• Mediated a pre-litigation, seven-figure property damage claim involving vandalism and theft, with a substantial uninsured component. The settlement preserved the insured’s third-party recovery rights.
• Mediated a high six-figure life insurance dispute involving premature distribution of proceeds to stepdaughters following a unilateral beneficiary change made without the knowledge of the spouse/stepmother, the prior beneficiary. The policy, considered community property, triggered potential spousal entitlement to half the proceeds under Nevada law. The case was filed in California, but parties were domiciled in California, Nevada, and Colorado. Resolution required navigating complex issues of choice of law, conflict of laws, insurance law, and longstanding family conflict. The matter was successfully resolved during mediation.
• Successfully mediated a highly emotional dispute involving conflicting claims to seven-figure life insurance proceeds, arising from a backdrop of murder, kidnapping, and divorce.
• Mediated a 9-party fire loss dispute involving multiple condominium units damaged by a laser engraver operated in a garage. Claims included negligence, products liability, and breach of CC&Rs, with insufficient insurance to satisfy all claims. The case was resolved by structuring classes of claimants and defendants, allocating pro-rata recoveries through negotiated percentages.
• Mediated a complex dispute involving data loss and reconstruction, business interruption, and bad faith insurance claims. The case was complicated by server contamination, ongoing bankruptcy proceedings, and the liquidation of the business.
• Mediated a case involving disputed insurance coverage that delayed hand and arm surgery for a minor, resulting in permanent injury and loss of use of the limb.
• Mediated a class action settlement involving the denial of artificial disc replacement surgery. The resolution included reprocessing of claims, a cash payment to class members, and attorneys’ fees.
• Mediated a claim involving denied and delayed infusions for systemic sclerosis, brought by a patient against multiple physician providers, the hospital, and the healthcare insurer.
• Mediated a case involving class actions arising from the denial of proton beam radiation treatment for specified cancers, with litigation pending in three jurisdictions: Massachusetts, California, and Florida.
• Mediated a case involving a dispute over the medically necessary level of care—residential versus hospital/outpatient—for substance abuse treatment of a suicidal teenager.
• Mediated a case involving insurance and bad faith claims brought by an out-of-network stage IV breast cancer patient, who was denied reimbursement for a surgical procedure due to an alleged systems failure by both the provider and the insurer.
• Mediated a bad faith insurance coverage dispute involving denial of medical treatment received in a foreign country. The case centered on disputed coverage and allegations of insurer misconduct.

Directors and Officers

• Mediated attorney malpractice and D&O claims from hospital bankruptcy and liquidation, involving creditor disputes and six insurers; resolved through step-by-step settlements.

Inter Carrier Dispute

• Mediated and resolved a multi-year dispute between a consortium of out-of-network providers and a healthcare insurer involving extensive cross-claims and counterclaims. After six years of litigation, the matter was settled in a single day of mediation.

Subrogation

• Mediated a severe jet aircraft damage claim caused by storm-toppled trees. The case involved resolution of negligence liability along with indemnity and insurance coverage disputes arising from contractual obligations and co-insured status.
• Mediated a water damage dispute arising from flooding at a condominium complex involving multiple defendants. Settlement was achieved through the creation and implementation of a double-blind contribution protocol.

Real Property

• Mediated a multi-party dispute involving a real estate limited partnership related to the financing, acquisition, development, and ownership of a mixed-use retail and residential project. The conflict encompassed three core disputes with multiple sub-issues. A successful resolution to what had become a prohibitively expensive litigation was achieved by breaking the matter into over a dozen discrete components and resolving them serially.
• Mediated a culturally sensitive, pre-litigation dispute among Vietnamese businesswomen operating elder care facilities. The matter involved a proposed buy-out and dissolution requiring substantial cooperation among hostile parties to preserve business assets—primarily real property, contracts, goodwill, and licensing. Community standing and reputation were as critical as financial considerations. The dispute and dissolution were fully resolved in a single half-day mediation session.”

Catastrophic Injury

• Mediated a severe construction site injury case involving multiple defendants under a res ipsa loquitur theory. Liability was disputed among the defendants, along with disagreements over loss of earnings (LOE). After multiple mediation sessions, the matter settled for just under $2,000,000.

Policy Distribution

• Mediated a multi-vehicle collision case involving a tractor trailer traveling at full speed, resulting in a chain-reaction crash with six vehicles. A limited insurance policy was informally offered, contingent on the simultaneous settlement of all bodily injury and property damage claims without litigation. The primary challenge was the absence of discovery—claimants were unaware of the severity of others' claims and each demanded a disproportionate share of the proceeds. The matter was successfully resolved in a single session.

Product Liability

• Mediated a crossover case involving products liability, workers’ compensation, and third-party negligence arising from an industrial accident in which a worker’s arm was crushed by a plastic bag winder. Complex cross-complaints, liens, and a significant comparative fault component complicated the allocation of responsibility. The matter was successfully resolved in a single session.