Brian H. Kim, Associate
ERISA

Mr. Kim concentrates his practice on representing individual insurance policyholders in pre-litigation appeals and litigation under the Employment Retirement Income and Security Act (ERISA).  An expert in navigating the complexities of the ERISA law, he works diligently to recover employer-provided disability, health and life insurance benefits wrongfully denied to his clients. Mr. Kim has attained numerous court judgments that have resulted in the reinstatement of benefits and payment of attorney's fees, and has obtained numerous six-figure settlements and judgments for ERISA claimants.  Mr. Kim is a devoted fan of classical music and jazz and is a trained pianist, violinist and vocalist.

Highlights

• Keen understanding of the intricacies of ERISA issues that insureds face before and during litigation
• Dedicated to representing individuals that are wrongfully denied insurance benefits

Representative Case Examples

Moody v. Liberty Life Assur. Co. of Boston, 595 F.Supp.2d 1090 (N.D. Cal. 2009)
Decision reinstating long-term disability benefits and finding that the insurer wrongfully abused its discretion in terminating benefits.

Fontana v. Guardian Life Ins., 2009 WL 73743 (N.D. Cal. 2009)
Decision awarding all past long-term disability benefits to the insured, along with attorney's fees and prejudgment interest.

Fowler v. Aetna Life Ins. Co., 615 F.Supp.2d 1130 (N.D. Cal. 2009)
Decision denying insurer's summary judgment motion and requiring the insurer to provide extensive discovery regarding the extent of Aetna's conflict of interest.

Professional Affiliation

Member, American Association for Justice
Member, Consumer Attorneys of California
Member, San Francisco Trial Lawyers Association
Member, Asian America Bar Association of the Greater Bay Area
 Co-Chair, Education Committee 2006-2007
Member, Korean American Bar Association of Northern California
 Board of Directors, Member 2006-2007

Commitment to the Community

Board Member, Korean Community Center of the East Bay, 2007-2008
Workers' Rights Clinic counselor at the San Francisco Legal Aid Society - Employment Law Center.

Admissions

United States District Court, Northern District of California
United States District Court, Central District of California

Education

J.D., 2001, University of Southern California School of Law
 Staff Editor, Southern California Law Review, 1999-2000
B.A., 1996, Social Studies, Harvard University, magna cum laude