Carl C. Scherz

Carl Scherz is Deputy Chair of the Firm's Financial Services Litigation Practice Group, Dallas Office Litigation Practice Group Leader and currently concentrates his practice in insurance litigation, complex commercial disputes, financial services litigation and ERISA-related litigation.

In his work for insurance clients, his experience has covered a broad gamut of issues in both federal and state court, including adjustment of non-guaranteed life insurance elements such as COI rates, insurance administration practices for life and annuity products, product sales practices, broker and MGA disputes, claims litigation and alleged state and federal securities violations. Within the broader insurance industry, his practice has covered a variety of products, including: whole life, universal life, variable life, term life, group life, annuities, health, disability, AD&D, homeowners and automobile insurance, among others. A significant amount of this work has arisen in the context of state and nationwide putative class claims as well as multidistrict litigation.

Additionally, with 28 years of experience, he has represented clients in a broad range of other matters. These matters frequently arise within a class action context. Representative engagements include: banking and financial services litigation; complex business litigation arising from licensing, real estate and energy partnerships and JVs, franchising; ERISA and health care litigation; alleged construction defect litigation; and product liability and deceptive practice allegations.

Insurance

• Putative national class action and MDL proceedings arising from the adjustment of life insurance non-guaranteed elements (COI rates and other administrative expenses) pending in the Northern District of California. This MDL included separate purported classes current policyholders and lapsed policyholders
• Putative state court class of Georgia policyholders arising from the adjustment of life insurance COI rates that was pending in the Northern District of Georgia. Following removal to federal court, the trial court dismissed the claims under Rule 12(b)(6), and the dismissal was affirmed by the 11th Circuit
• In California state court, the claims of putative classes of Hong Kong and Taiwanese policyholders arising from alleged sales practice misrepresentations were dismissed on the basis of forum non conveniens. Thereafter, the putative class represented filed a putative Taiwanese class action in the Republic of Taiwan, and the matter was resolved on an individual basis
• Carl has litigated a large number of other putative national class actions. For example, putative national classes complaining of administration practices relating to life products, sales practices in the sale of life and annuity products, putative national classes of policyholders arising from coverage issues under automobile and homeowner policies; putative national classes of policyholders arising from the handling of workers compensation subrogation claims. Several of these matters involved competing class actions and opt-out claims that were consolidated in multidistrict litigation proceedings
• Representing insurance and financial services companies with sales practice, securities, and claim litigation and arbitrations arising from a variety of insurance products and/or registered securities, including: annuities, equity and debt securities, whole life insurance, universal life insurance, variable life insurance, disability insurance, AD&D insurance, homeowners insurance, automobile insurance, catastrophic loss insurance and health insurance
• Represented insurers in coverage matters involving reinsurance, CGL coverage, D&O coverage, workers compensation coverage, professional liability coverage, umbrella coverage and excess coverage

ERISA and Health Care

• Representing ERISA plan administrators, third-party claim administrators and plan providers in actions brought by hospitals and medical providers alleging: slow and short payment under PPO and HMO slow payment regulations and under governing provider PPO agreements; and complainant of the handling and administration of ERISA claims and plans
• Representing religiously based health plans in class action litigation. Carl represented the Catholic and Southern Baptist faith-based group employee benefit church plans and their plan members in two separately asserted class action claims brought against the Obama administration complaining of the Affordable Care Act’s infringement upon their religious civil liberties. The religious nonprofit class representatives and benefit plans obtained injunctive relief against the government limiting enforcement of the Affordable Care Act’s requirement that their plans provide abortifacient and/or contraceptive coverage in violation of their religious beliefs or suffer devastating fines
• Represented ERISA third-party claim administrators and excess loss carriers against Texas ERISA plan sponsors in collection matters involving funding and coverage disputes and administration of 401k programs
• Represented ERISA plan administrators and insurers in claims for health, disability and life benefits under ERISA plans
• Represented ERISA plan administrator against claim for life benefits and other extra-contractual claims under an ERISA plan where the plan member was terminated and died shortly thereafter or there are other questions of coverage
• Represented ERISA plan administrator and insurers in claims litigation and declaratory judgment actions for supplemental coverages under group plans, such as accidental death & dismemberment benefits
• Represented ERISA plans and plan administrators with filing interpleader actions in a number of matters in order to resolve claims between conflicting claimants, e.g. beneficiaries, spouses, former spouses, estates and beneficiaries of such estates

Commercial Disputes, Product Liability and Construction

• Representing limited and general partners in disputes arising from partnership rights and obligations in a variety of contexts, including real estate, technology, energy LLCs, LLPs and joint ventures
• Representing developers and contractors in construction litigation involving commercial, multifamily and residential construction
• Representing product manufacturers and distributors in class action litigation and individual cases, typically arising from product liability allegations or truth in advertising
• Licensing disputes and disputes arising from franchise relationships

Banking and Financial Services

• Representing banks and mortgage companies with lender liability litigation
• Representing banks, lenders and other creditors with banking and credit card consumer practices litigation
• Representing banks, lenders, servicing companies and other creditors with mortgage servicing and foreclosure practices
• Representing banks, lenders and other creditors with corporate collection and leasing disputes litigation

Reported Decisions

• Anderson v. Wilco Life Ins. Co., 943 F.4th 927 (11th Cir. 2021), affirming, 2020 WL 4719095 (S.D. Ga. Aug. 13, 2020) (dismissing claims brought on behalf of a putative Georgia class arising from a COI increase)
• West v. Wilco Life Ins. Co., 2021 WL 5827019 (S.D. Ind. Dec. 8, 2021) (dismissing breach of contract claims brought on behalf of a putative national class arising from a COI increase, but permitting bad faith claims to proceed)
• Hancock v. Americo Financial Life & Annuity Ins. Co., 799 Fed. Appx. 179 (4th Cir. Feb. 5, 2020), affirming, 378 F. Supp. 3d 413 (E.D.N.C. Mar. 29, 2019); see also Hancock, 272 F. Supp. 3d 763 (E.D.N.C. July 25, 2017), appeal dismissed and remanded,723 Fed. Appx. 241 (4th Cir. 2018)
• Couch v. Wilco Life Ins. Co., 363 F. Supp. 3d 886 (S.D. Ind. Jan. 18, 2019) (dismissing claims brought on behalf of a putative national class arising from a COI increase)
• Burnett v. Conseco Life Ins. Co., 87 F. Supp. 3d 1238 (N.D. Cal. April 9, 2015) (dismissal), rev’d, 690 F.3rd 536 (9th Cir. 2017). In re Conseco Life Ins. Co. LifeTrend Ins. Sales & Marketing Lit., 2017 WL 3599521 (N.D. Cal. Aug. 22, 2017) (remanding and closing the MDL). Burnett v. Conseco Life Ins. Co., 2018 WL 4945523 (C.D. Cal. Jan. 24, 2018) (transferring venue from transferor court to S.D. Indiana where Defendant’s corporate offices located).
• Reaching Souls Int’l, Inc. v. Sebelius, 2013 WL 6804259 (W.D. Okla. Dec. 20, 2013) (enjoining enforcement of the Affordable Care Act’s contraceptive care requirement upon the Southern Baptists’ group health plan & plan members); Little Sisters of the Poor Home for the Aged v. Sebelius, 2013 WL 6869391, 134 S. Ct. 893 (Mem) (Supreme Court of the United States Dec. 31, 2013) (temporary stay enjoining enforcement of the Affordable Care Act’s contraceptive care requirement upon the Christian Brothers’ Catholic group health plan pending appeal). Zubik v. Burwell, 578 U.S. 403 (2016)
• Tsen v. Crown Life Ins. Co., BC 281454 (Superior Court of California, Los Angeles County July 26, 2005) (order granting dismissal of putative class of Hong Kong and Taiwanese life insurance policyholders for forum non conveniens).
• Cox v. Allin Corp. Plan, 2013 WL 1832647 (N.D. Cal. May 1, 2013) (dismissing claims against ERISA Plan Administrator)
• Gault v. Great-West Healthcare of Texas, Inc., 2008 WL 5743853 (S.D. Texas Oct. 21, 2008)
• Cook Children’s Medical Center v. The New England PPO Plan of General Consolidated Management, Inc., 491 F.3d 266 (5th Cir. 2007).
• Read v. Sun Life Assur. Co., 2007 WL 9751516 (W.D. Tex. Aug. 13, 2007)
• Dal-Tile Corp. v. Zurich American Ins. Co., 2004 WL 414900 (N.D. Tex. Feb 02, 2004);
• Nutmeg Ins. Co. v. Clear Lake City Water Authority, 29 F. Supp. 2d 668 (S.D. Tex. 2002).