Jana Simmons (Of Counsel-Michigan) and Tae Um (Partner-Los Angeles) obtained dismissal of a complaint brought against an insurance company in the United States District Court for the Eastern District of Michigan. The lawsuit, alleging bad faith and breach of the policy by the insurance company, stemmed from a series of fraudulent financial transactions at the hands of the plaintiff's registered representatives. When angry customers sued the plaintiff for the monies stolen from their accounts, plaintiff turned to its insurance company to defend and indemnify it, despite the criminal and fraudulent acts exclusions under the policy. Ultimately, plaintiff filed a lawsuit against the insurance company even though the policy provisions also mandated alternative dispute resolution to first resolve claims arising under the policy. Jana and Tae responded to plaintiff's complaint with a motion to dismiss all claims against their client where plaintiff failed to comply with the mandatory arbitration provision. The court agreed and dismissed plaintiff's complaint for failure to comply with this policy provision.