Edna S. Kersting Partner

     

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Edna Kersting is considered an authority in life, health, disability and ERISA law, an area in which she has concentrated throughout her legal career. Her experience extends to matters involving bad faith and punitive damages, fiduciary duty, class action claims, and a range of other insurance and coverage issues. Edna is a co-chair of the firm’s Life, Health, Disability & ERISA practice.

With a near exclusive focus on litigation, Edna defends life, health and disability insurers in lawsuits filed by insureds and other parties in state and federal courts throughout the United States. While many of these matters are brought under the federal ERISA statute, Edna increasingly has been retained to represent clients in the growing number of benefit claims brought under state law.

Edna constantly monitors new developments in life, health, disability and ERISA case law for the benefit of her clients. Her immersion in this area of practice enables Edna to put each case into context for the client, inform them of the legal implications as they head into litigation, and anticipate whether an amicable resolution, dispositive motion or trial will be the best course of action.

Representative Matters

Porter v. Sun Life & Health Ins. Co., Case No. 4:09-CV-00344-DGK, 2011 U.S. Dist. LEXIS 42864; 51 Employee Benefits Cas. (BNA) 1930 (W.D. Mo. April 20, 2011); reconsideration denied by Porter v. Sun Life & Health Ins. Co., 2011 U.S. Dist. LEXIS 103002 (W.D. Mo., Sept. 13, 2011): Obtained summary judgment on claim for long term disability benefits involving eligibility and coverage issues.

Osborne v. Sun Life & Health Ins. Co., Case No. 1:09-cv-0642-SEB-TAB, 2011 U.S. Dist. LEXIS 28904 (S.D. Ind. March 18, 2011): Obtained summary judgment on claim for long term disability benefits based on failure to exhaust premises.

Schorsch v. Reliance Std. Life Ins. Co., Case No. 09 C 3740, 2010 U.S. Dist. LEXIS 104012, (N.D. Ill. Sept. 29, 2010): Obtained summary judgment on claim for long term disability benefits on failure to exhaust premises.

Kenneth Bronner v. Sun Life Assurance Company of Canada (Iowa District Court of Howard County): Obtained summary judgment on claim for long term disability benefits involving policy interpretation issues; affirmed on appeal 2010 Iowa App. LEXIS 1167 (Ct. App. Iowa, Oct. 6, 2010).

Marcia Hanlon v. Principal Life Ins. Co., Case No. 08-cv-620-bbc, 2009 U.S. Dist. LEXIS 62575 (W.D. Wis., July 20, 2009): Obtained summary judgment on claim for long term disability benefits.

James Luka v. Reliance Standard Life Insurance Co., Case No. 1:08-cv-05165 (N.D. Ill., June 25, 2009): Obtained summary judgment on claim for long term disability benefits.

Christina Schreiner v. United Wisconsin Ins. Co., Case No. 08-cv-532-bbc, 2009 U.S. Dist. LEXIS 50587 (W.D. Wis., June 16, 2009): Obtained summary judgment on claim for long term disability benefits.

Sally Myers v. Life Ins. Co. of N. Am., Case No.: 07-cv-6917, 2009 U.S. Dist. LEXIS 22631 (N.D. Ill., March 19, 2009): Obtained summary judgment on waiver of premium benefit claim and defeated plaintiff’s motion for summary judgment on claim for long term disability benefits.

Mark Williams v. Group Long Term Disability Ins., Case No. 1:07-cv- 6022, 2009 U.S. Dist. LEXIS 15673 (N.D. Ill., February 27, 2009): Obtained summary judgment on claim for long term disability benefits and counterclaim for reimbursement of overpaid benefits.

Grace Miller v. The Prudential Ins. Co. of Am., Case No. 07-60882-CIV-HURLEY, 2008 U.S. Dist. LEXIS 79545 (S.D. Florida, October 8, 2008): Obtained summary judgment on claim for long term disability benefits and counterclaim for reimbursement of overpaid benefits.

Earlene Hingson v. The Prudential Ins. Co. of Am., 2008 U.S. Dist. LEXIS 36621 (M.D. Florida, May 5, 2008): Obtained dismissal of petition for fees and costs in ERISA long term disability benefits case.

Norman Blanco v. Prudential Ins. Co. of Am., 2008 U.S. Dist. LEXIS 30229 (S.D. Ind., March 31, 2008): Obtained summary judgment for insurer on pre-existing condition exclusion. Affirmed on appeal, 606 F.3d 399 (7th Cir. 2010).

Bruce Sewell v. Prudential Ins. Co. of Am., Case No. 2:06-cv-15135 (unpublished decision) (E.D. Mich., March 25, 2008): Obtained summary judgment for insurer in long term disability benefits dispute.

Cheryl Alderman v. Standard Ins. Co. , 2008 U.S. App. LEXIS 6872 (11th Cir., March 28, 2008): Eleventh Circuit affirmed grant of summary judgment in favor of insurer in life insurance benefits case under a group insurance policy governed by ERISA.

Karolyn Eastman v. The Prudential Ins. Co. of Am., 2008 U.S. Dist. LEXIS 6720 (D. Minn., Jan. 29, 2008): Obtained summary judgment on claim for long term disability benefits and counterclaim for reimbursement of overpayment.

Eric Sandell v. The Prudential Ins. Co. of Am., 2007 U.S. Dist. LEXIS 91788 (S.D. Ind., Dec. 13, 2007): Won trial verdict for insurer in long term disability benefits dispute.

Kevin Robbins v. Milliman USA Long Term Disability Ins. Plan., 2007 U.S. Dist. LEXIS 86001 (S.D. Ind., Nov. 20, 2007): Obtained summary judgment for insurer in dispute over production of corporate tax returns during review of claim for partial disability benefits.

Helen Gaines v. Surety Life Ins. Co., unpublished decision, Case No. 06-CH-04222 (Circuit Court of Cook County, IL, May 24, 2007): Obtained summary judgment in favor of life insurer on lapsed life insurance and unsuccessful reinstatement due to interfering death of insured.

Jenny Eberle v. The Prudential Ins. Co. of Am., 2007 U.S. Dist. LEXIS 11481 (N.D. Ind., Feb. 14, 2007): Obtained summary judgment for insurer on plaintiff’s claim for breach of the covenant of good faith and fair dealing involving termination of long term disability benefits.

Kathryn Silcox v. Prudential Ins. Co. of Am., 2006 U.S. Dist. LEXIS 71863 (N.D. Ind., Sept. 29, 2006): Successfully defeated motion to dismiss of counterclaim for reimbursement of overpayment due to reactive award of social security disability benefits; obtained summary judgment for insurer on long term disability benefits claim and claim for reimbursement of overpayment.

Tamala Shelley v. Prudential Ins. Co. of Am., 2005 U.S. Dist. LEXIS 32678 (C.D. Ill., Dec. 8, 2005): Obtained dismissal of consumer fraud and deceptive business practices claims against client.

Anthony Bosco v. Prudential Ins. Co. of Am, Case No. 96-CH-08032, unpublished opinion: Obtained summary judgment on plaintiff’s claim for consumer fraud related to alleged misrepresentations during sale of life insurance product.

Alan Hedeen v. Aon, Prudential Ins. Co. of America, 2004 U.S. Dist. LEXIS 21706 (N.D. Ill., October 28, 2004): Obtained dismissal with prejudice on plaintiff’s claims of breach of fiduciary duty and for long-term disability benefits under ERISA.

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